Terms of Service

Effective Date: April 15, 2026  |  Last Updated: April 15, 2026

1. Acceptance of Terms

Welcome to Mod Pizza, accessible at pizzanmod.click (the "Website"). These Terms of Service ("Terms," "Agreement") are entered into between you ("User," "Customer," "you," or "your") and Mod Pizza ("Company," "we," "us," or "our"), the operator of the Website and associated food services.

By visiting our Website, placing an order, creating an account, or using any of our services in any manner, you expressly agree to be bound by these Terms, our Privacy Policy, and any additional policies or guidelines posted on our Website. If you do not agree with any part of these Terms, you must immediately discontinue use of our Website and services.

These Terms apply to all visitors, registered users, customers, and anyone else who accesses or uses our services. Your continued use of our Website after any modifications to these Terms shall constitute your acceptance of the updated Terms.

If you are using our services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such case, "you" and "your" shall refer to that entity.

2. Description of Services

Mod Pizza operates as a food service business providing the following services through our Website and physical locations:

2.1 Online Food Ordering

Our Website allows customers to browse our menu, customize their pizza and food orders, and place orders for pickup or delivery. We offer a fully customizable pizza experience where customers may select their own crust, sauce, cheese, and toppings to create personalized meals.

2.2 Menu and Products

We provide a variety of food products including, but not limited to, pizzas, salads, beverages, and desserts. Our menu is subject to change at any time without prior notice, and certain items may be available only at specific locations or during specific time periods. Prices listed on our Website are subject to change and may vary by location.

2.3 Catering Services

We may offer catering services for events, parties, and group orders. Catering orders are subject to additional terms, minimum order requirements, and advance notice requirements. Please contact us directly for catering inquiries.

2.4 Loyalty and Rewards Programs

We may offer loyalty programs, rewards, or promotional offers to eligible customers. These programs are subject to their own specific terms and conditions, which will be made available to participants. Rewards and promotional offers have no cash value and may not be transferred or sold.

2.5 Digital Communications

With your consent, we may communicate with you via email, SMS, or push notifications regarding your orders, promotions, and updates to our services. You may opt out of promotional communications at any time.

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 13 years of age to use our Website. If you are under the age of 18, you must have parental or guardian consent to use our services and make purchases. By using our Website, you represent and warrant that you meet the applicable age requirements.

3.2 Account Creation

Certain features of our Website may require you to create an account. When registering for an account, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information to keep it accurate and complete
• Keep your password confidential and not share it with any third party
• Be responsible for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account or any other breach of security

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. We will not be liable for any loss or damage arising from your failure to comply with this security obligation. You may not use another person's account without their express permission.

4. User Obligations and Prohibited Activities

4.1 Permitted Use

You may use our Website and services solely for lawful purposes and in accordance with these Terms. You agree to use our services only for personal, non-commercial purposes unless you have entered into a separate commercial agreement with us.

4.2 Prohibited Activities

You expressly agree NOT to engage in any of the following activities:

4.3 Order Accuracy

You are responsible for reviewing your order carefully before submission. Once an order is placed and confirmed, modifications may not be possible. You agree to provide accurate delivery information and to be available to receive your order at the designated time and location.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content on our Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, software, and the overall design and arrangement of these materials (collectively, "Content"), is the property of Mod Pizza or its content suppliers and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

5.2 Trademarks

The Mod Pizza name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mod Pizza or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

5.3 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Website and services for your personal, non-commercial use. This license does not include the right to:

• Modify, reproduce, or create derivative works based on our Content
• Use our Content for commercial purposes without our express written consent
• Remove any copyright, trademark, or other proprietary notices from our Content
• Transfer the license to any other person or entity

5.4 User-Submitted Content

If you submit, post, or transmit any content, feedback, reviews, suggestions, or other materials to us ("User Content"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not violate any third-party rights.

6. Food Ordering and Payment Terms

6.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the items you have selected. We reserve the right to accept or reject any order at our sole discretion. An order is not confirmed until you receive a confirmation notification from us.

6.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to applicable state and local taxes. Prices are subject to change without notice. The price charged for your order will be the price displayed at the time of order placement, unless there is an obvious error, in which case we will notify you and allow you to cancel or reconfirm the order at the correct price.

6.3 Payment Methods

We accept various payment methods as displayed on our Website at the time of checkout. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided
• The payment information you provide is true, correct, and complete
• You authorize us to charge your payment method for the total amount of your order, including taxes and any applicable fees

6.4 Taxes

You are responsible for all applicable federal, state, and local taxes associated with your purchases. Sales tax will be calculated and added to your order total based on applicable tax rates in your jurisdiction.

6.5 Refunds and Cancellations

Our refund and cancellation policy is as follows:

• Orders may be cancelled within a limited window after placement, subject to our operational requirements
• Refunds may be issued at our discretion for orders that do not meet our quality standards or that are lost in transit
• Refunds will be processed to the original payment method within 5-10 business days
• We reserve the right to refuse refunds for orders where accurate information was not provided or where prohibited activities occurred

6.6 Delivery

Delivery services, where available, are subject to delivery radius restrictions, minimum order amounts, and delivery fees. Estimated delivery times are provided as approximations only and are not guaranteed. We are not responsible for delays caused by traffic, weather, or other circumstances beyond our reasonable control.

7. Food Safety and Allergen Information

We make reasonable efforts to provide accurate nutritional and allergen information. However, we cannot guarantee that any menu item is completely free from any allergen or ingredient. By ordering our products, you acknowledge this risk and agree that we shall not be liable for any allergic reactions or other food-related health issues that may arise from consuming our products.

8. Disclaimer of Warranties

8.1 "As-Is" Basis

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 No Guarantee of Availability

WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE INFORMATION ON OUR WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH OUR WEBSITE.

8.3 Third-Party Services

Our Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or their websites.

9. Limitation of Liability

9.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND APPLICABLE STATE CONSUMER PROTECTION LAWS, MOD PIZZA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) our Website or services
• Any conduct or content of any third party on our Website
• Any content obtained from our Website
• Unauthorized access, use, or alteration of your transmissions or content
• Any errors, inaccuracies, or omissions in our menu, pricing, or product descriptions

9.2 Cap on Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

9.3 Essential Basis

The limitations of liability set forth in this Section reflect a reasonable allocation of risk and form an essential basis of the bargain between you and us. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

10. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of our Website or services, including any data you transmit or receive
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property, privacy, or consumer protection right
• Any content you submit, post, or transmit through our Website
• Your negligence or willful misconduct
• Any misrepresentation made by you

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims. You will not settle any claim without our prior written consent.

11. Governing Law and Jurisdiction

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which our principal place of business is located, without regard to its conflict of law principles. To the extent applicable, federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 45), shall govern consumer protection matters related to these Terms.

11.2 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms or your use of our services that is not subject to arbitration as provided below shall be brought exclusively in the federal or state courts located in the United States. You consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue of any such proceeding in such courts.

11.3 Compliance with Local Laws

We operate in the United States and make no representation that our Website or services are appropriate or available in other jurisdictions. Those who access our Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

12. Dispute Resolution

12.1 Informal Resolution

Before filing any formal legal claim, you agree to first contact us at [email protected] to attempt to resolve any dispute informally. We will attempt to resolve the dispute within thirty (30) days of receipt of your written notice. If the dispute is not resolved within this period, either party may proceed to formal dispute resolution as set forth below.

12.2 Binding Arbitration

EXCEPT AS PROHIBITED BY LAW, YOU AND MOD PIZZA AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF OR THE USE OF OUR SERVICES SHALL BE RESOLVED SOLELY BY BINDING ARBITRATION, RATHER THAN IN COURT.

The arbitration shall be conducted by a recognized arbitration organization under its then-applicable rules and shall be conducted in the English language. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.

12.5 Time Limitation

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

13. Term and Termination

13.1 Term

These Terms shall remain in full force and effect while you use our Website or services or maintain an account with us.

13.2 Termination by You

You may terminate your account and these Terms at any time by:

• Discontinuing your use of our Website and services
• Contacting us at [email protected] to request account deletion
• Following the account deletion process available in your account settings

13.3 Termination by Us

We reserve the right, at our sole discretion, to suspend or terminate your account and access to our services at any time, with or without notice, for any reason, including but not limited to:

• Violation of any provision of these Terms
• Conduct that we believe is harmful to other users, third parties, or our business interests
• Requests by law enforcement or government authorities
• Unexpected technical or security issues
• Extended periods of account inactivity
• Non-payment for services rendered

13.4 Effect of Termination

Upon termination, your right to use our Website and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

14. Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. We will notify you of any material changes by:

• Posting the updated Terms on our Website with a new effective date
• Sending an email notification to the address associated with your account (where applicable)
• Displaying a prominent notice on our Website

Your continued use of our Website or services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of our services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

15. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you agree to the terms of our Privacy Policy.

To the extent applicable, we comply with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), providing California residents with specific rights regarding their personal information, including the right to know, the right to delete, the right to correct, and the right to opt out of the sale or sharing of personal information.

16. Electronic Communications

By using our Website and services, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that your electronic signature has the same legal effect as a handwritten signature.

17. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms arising out of or caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, government actions, labor disputes, utility failures, internet service provider failures, or any other event beyond our reasonable control ("Force Majeure Event"). In the event of a Force Majeure Event, we will notify you as soon as reasonably practicable and will resume performance as soon as the Force Majeure Event has ceased.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect. The parties agree that any unenforceable provision shall be replaced by a valid provision that most nearly reflects the intent of the original provision.

19. Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of Mod Pizza. Any waiver of any provision of these Terms shall not be deemed a continuing waiver or a waiver of any other provision.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on our Website, constitute the entire agreement between you and Mod Pizza with respect to your use of our Website and services. These Terms supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties relating to the subject matter herein.

21. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. Any purported assignment in violation of this Section shall be void. We may freely assign or transfer these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

22. Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect. They shall not be used in the interpretation or construction of these Terms.

23. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to report a violation, please contact us using the information below:

We strive to respond to all inquiries within five (5) business days. For urgent matters, including reports of security vulnerabilities or potential violations of your legal rights, please indicate the urgency in the subject line of your email.

These Terms of Service were last updated and are effective as of April 15, 2026.