Terms of Service

Effective Date: May 28, 2026  |  Last Updated: May 28, 2026

1. Acceptance of Terms

Welcome to Mod Pizza ("Company," "we," "us," or "our"). These Terms of Service ("Terms," "Agreement") govern your access to and use of the website located at modpizza-cafe.click (the "Website"), including all content, features, products, and services offered through the Website.

By visiting our Website, placing an order, creating an account, or otherwise engaging with our services, you ("User," "Customer," "you") acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. Your continued use of the Website after any modification to these Terms constitutes your acceptance of the updated Terms.

If you are using this Website on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and all references to "you" shall refer collectively to you and that entity.

These Terms constitute a legally binding agreement between you and Mod Pizza. If you do not agree to any portion of these Terms, you are not authorized to use this Website or any of the services we provide.

2. Description of Services

Mod Pizza is a food service business operating in the United States. Through our Website at modpizza-cafe.click, we offer the following services and features:

• Online ordering for pickup and/or delivery of food products, including pizzas, beverages, and related menu items;
• Display of our menu, pricing information, nutritional content, and promotional offers;
• Account registration and management for repeat customers;
• Loyalty program participation (where applicable);
• Customer support and communication services;
• Information about our locations, hours of operation, and catering options;
• Processing of payments for orders placed through the Website;
• Subscription to marketing communications, newsletters, and promotional materials (with consent).

We reserve the right to modify, expand, reduce, or discontinue any of our services at any time and without prior notice, except where required by applicable law. We do not guarantee that any specific menu item, service, or feature will be available at all times or in all locations.

Our services are intended solely for personal, non-commercial use by individuals within the United States. Use of our services for commercial resale or redistribution is strictly prohibited without our express written consent.

3. Eligibility and User Obligations

3.1 Eligibility

To use this Website and place orders, you must:

• Be at least eighteen (18) years of age, or the age of majority in your state of residence, whichever is greater;
• Have the legal capacity to enter into a binding contract under the laws of the United States and your applicable state;
• Not be prohibited from receiving our products or services under any applicable laws or regulations;
• Provide accurate, complete, and current registration and ordering information.

By using this Website, you represent and warrant that you meet all of the above eligibility requirements. If you do not meet these requirements, you are not authorized to use our Website.

3.2 Account Responsibilities

If you create an account on our Website, you are solely responsible for maintaining the confidentiality of your login credentials, including your username and password. You agree to notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

You agree to provide accurate and up-to-date information when creating an account or placing an order. We reserve the right to suspend or terminate any account that contains false, misleading, or outdated information.

3.3 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities when using our Website or services:

• Violating any applicable federal, state, or local laws or regulations, including but not limited to consumer protection laws, anti-fraud laws, and food safety regulations;
• Using the Website for any fraudulent, deceptive, or misleading purpose, including placing false or fraudulent orders;
• Attempting to gain unauthorized access to any portion of the Website, our servers, databases, or any connected systems;
• Using any automated tools, bots, scrapers, spiders, or similar technologies to access, scrape, or collect data from the Website without our prior written consent;
• Uploading or transmitting viruses, malware, spyware, or any other harmful code or software that could damage or interfere with the Website or its users;
• Harassing, threatening, defaming, or otherwise engaging in harmful conduct toward our staff, other users, or third parties;
• Infringing upon the intellectual property rights of Mod Pizza or any third party;
• Attempting to reverse-engineer, decompile, disassemble, or otherwise tamper with any portion of our Website or software;
• Using the Website to send unsolicited commercial communications (spam);
• Engaging in any activity that unreasonably burdens or disrupts the infrastructure of our Website;
• Reselling, sublicensing, or commercially exploiting any content or services obtained through this Website without authorization;
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity;
• Collecting personal information from other users without their knowledge or consent.

Violation of any of the above prohibitions may result in immediate termination of your access to our Website, cancellation of outstanding orders, and potential legal action as permitted by applicable law.

4. Orders, Pricing, and Payment Terms

4.1 Order Placement

When you place an order through our Website, you are making an offer to purchase food products subject to these Terms. We reserve the right to accept or decline any order at our sole discretion. An order confirmation sent to your email address constitutes our acceptance of your offer and creates a binding contract between you and Mod Pizza.

Menu availability, pricing, and product descriptions are subject to change at any time without prior notice. We make every effort to ensure accuracy; however, we do not warrant that all product descriptions, prices, or other content on the Website are accurate, complete, or error-free.

4.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are inclusive or exclusive of applicable taxes as indicated at checkout. Applicable federal, state, and local sales taxes will be calculated and added to your order total at the time of checkout, in accordance with the tax laws of your jurisdiction.

We reserve the right to correct pricing errors at any time. In the event that a product is listed at an incorrect price due to a typographical error or system error, we reserve the right to refuse or cancel orders placed at the incorrect price, even if the order has been confirmed and payment processed. In such cases, we will notify you promptly and issue a full refund.

4.3 Payment

We accept the following forms of payment: major credit and debit cards (Visa, Mastercard, American Express, Discover), digital payment platforms, and any other payment methods displayed at checkout. By providing payment information, you represent and warrant that you are authorized to use the payment method provided and that all payment information is accurate and complete.

All payments are processed through secure third-party payment processors. We do not store your full credit card or debit card numbers on our servers. By submitting payment information, you authorize us to charge the applicable amount to your designated payment method.

In the event of a chargeback or payment dispute, we reserve the right to suspend your account pending resolution. Fraudulent chargebacks may result in permanent account termination and referral to appropriate law enforcement authorities.

4.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you experience an issue with your order, such as an incorrect item, missing item, or quality concern, please contact us within twenty-four (24) hours of receiving your order at [email protected]. We will evaluate your complaint and, at our sole discretion, offer a replacement, store credit, or refund as appropriate.

Cancellations must be requested before the order has entered preparation. Once food preparation has begun, cancellation and refund requests may not be honored.

5. Intellectual Property Rights

All content on this Website, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, menu designs, software, and other material (collectively, "Content"), is the exclusive property of Mod Pizza or its licensors and is protected by applicable United States copyright, trademark, trade dress, and other intellectual property laws.

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

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

• Reproduce, copy, distribute, or publicly display any Content from the Website;
• Modify or create derivative works based on any Content;
• Use any Content for commercial purposes without our express written consent;
• Remove or alter any copyright, trademark, or other proprietary notices from Content.

Any unauthorized use of the Content terminates the limited license granted herein and may violate applicable copyright, trademark, and other laws, exposing you to civil and/or criminal liability. We aggressively enforce our intellectual property rights to the fullest extent permitted by law.

If you believe that your intellectual property rights have been infringed upon by content on our Website, please contact us at [email protected] with a detailed description of the alleged infringement.

6. Disclaimer of Warranties

YOUR USE OF THIS WEBSITE AND OUR SERVICES IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, ITS CONTENT, AND ALL SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
• WARRANTIES THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We do not warrant that our food products will be free from allergens unless specifically stated. It is your responsibility to review allergen information and consult with our staff or a healthcare professional if you have specific dietary needs, allergies, or health concerns. We strongly encourage customers with food allergies to contact us directly before placing an order.

Some jurisdictions do not allow the disclaimer of implied warranties. To the extent that such disclaimers are not permitted under applicable law, including applicable state consumer protection laws, such warranties are limited to the minimum scope and duration required by such laws.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE OR SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED THROUGH OUR WEBSITE BY ANY THIRD PARTY;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT.

IN ALL CASES, MOD PIZZA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00), OR (B) THE AMOUNT YOU PAID TO MOD PIZZA IN THE NINETY (90) DAYS PRECEDING THE CLAIM.

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

8. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza, its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, licensors, and successors (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:

• Your use of or access to our Website or services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights;
• Any content you submit, post, or transmit through the Website;
• Your negligence, misconduct, or fraudulent activity;
• Any dispute between you and another user of the Website.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses. You shall not settle any claim without our prior written consent.

9. Privacy and Data Protection

Your use of our Website is also governed by our Privacy Policy, available on our Website, which is incorporated into these Terms by reference. By using our Website, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

To the extent that you are a California resident, your rights under the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2020 (CPRA), as amended, are described in our Privacy Policy. These rights include the right to know what personal information we collect, the right to request deletion of personal information, the right to opt out of the sale or sharing of personal information, and the right to non-discrimination for exercising your privacy rights.

We comply with the Federal Trade Commission Act (FTC Act) and applicable FTC regulations regarding unfair or deceptive practices in the collection and use of consumer data. We do not sell, rent, or share your personal information with third parties for their direct marketing purposes without your explicit consent, except as otherwise disclosed in our Privacy Policy.

10. Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, or services that are not owned or controlled by Mod Pizza. These links are provided for your convenience and informational purposes only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Your access to and use of any third-party websites or services is at your own risk and subject to the terms and conditions and privacy policies of those third parties. We encourage you to review the terms and privacy policies of any third-party sites you visit. The inclusion of any link on our Website does not imply our endorsement, approval, or sponsorship of the linked site or its content.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute arising out of or relating to them, your use of our Website, or our services 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 Mod Pizza's principal place of business is located, without regard to conflict of law principles.

These Terms are subject to applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) for consumer protection matters, the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, and all other applicable federal statutes and regulations governing electronic commerce and food service businesses.

To the extent that jurisdiction-specific state laws apply, including but not limited to the laws of states where our customers are located, such laws shall apply only to the extent required by applicable law and shall not be construed to expand rights or obligations beyond what is expressly stated herein.

Subject to the Dispute Resolution provisions below, any legal action or proceeding arising out of or relating to these Terms that is not subject to mandatory arbitration shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States, and you hereby consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services by contacting us directly at [email protected]. We will use reasonable efforts to resolve the issue informally within thirty (30) days of receiving your complaint. If the dispute cannot be resolved informally within this period, either party may proceed to formal dispute resolution as set forth below.

12.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT OR INJUNCTIVE RELIEF TO PROTECT INTELLECTUAL PROPERTY RIGHTS, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR YOUR USE OF OUR SERVICES, SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, WHICH ARE AVAILABLE AT WWW.ADR.ORG.

The arbitration shall be conducted by a single arbitrator. The arbitrator's decision shall be final and binding on all parties and shall not be subject to appeal except on the limited grounds set forth in the Federal Arbitration Act (9 U.S.C. § 1 et seq.) ("FAA"). Judgment on the arbitration award may be entered in any court of competent jurisdiction.

The arbitration shall be conducted in English and, unless otherwise agreed by the parties, shall be conducted via written submissions, telephone, or videoconference to minimize the burden and expense on the parties.

12.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MOD PIZZA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.

12.4 Opt-Out Right

You have the right to opt out of the binding arbitration and class action waiver provisions above by sending written notice to us at [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in a court of competent jurisdiction as provided in Section 11.

13. Term and Termination

These Terms of Service are effective as of the date first set forth above and shall remain in full force and effect for as long as you continue to use our Website or services, unless earlier terminated in accordance with these Terms.

We reserve the right, in our sole discretion and without prior notice, to:

• Suspend or terminate your access to all or any portion of the Website at any time and for any reason, including for violation of these Terms;
• Cancel or refuse any order you place;
• Discontinue any product, service, or feature offered on the Website;
• Modify, update, or remove any content from the Website.

Upon termination of your access, your right to use the Website and its services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: ownership provisions, intellectual property rights, disclaimers of warranties, limitations of liability, indemnification obligations, and dispute resolution provisions.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations that arose prior to termination, including any payment obligations.

14. Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. For material changes, we may also provide additional notice, such as a prominent notice on our Website or an email notification to registered users.

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

In the event of a conflict between a translated version of these Terms and the English language version, the English language version shall prevail.

15. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be illegal, invalid, void, or unenforceable for any reason, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or invalidated by any such finding.

The failure of Mod Pizza to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless specifically acknowledged and agreed to in writing by an authorized representative of Mod Pizza. No single or partial exercise of any right or remedy shall preclude any further exercise of such right or remedy.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published on our Website, constitute the entire agreement between you and Mod Pizza with respect to your use of the Website and services, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written, between you and Mod Pizza regarding the same subject matter.

No amendment to or modification of these Terms shall be binding unless made in writing and signed by an authorized representative of Mod Pizza, except as otherwise provided herein with respect to unilateral modifications by Mod Pizza.

17. Force Majeure

Mod Pizza shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, fires, floods, earthquakes, pandemics, epidemics, government actions, war, terrorism, civil unrest, labor disputes, supply chain disruptions, power outages, or failures of third-party service providers. In such circumstances, our obligations under these Terms shall be suspended for the duration of the force majeure event.

18. Electronic Communications and Consent

By using our Website and providing your email address, you consent to receive electronic communications from us, including order confirmations, receipts, account notifications, and responses to your inquiries. You agree that any agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you have opted in to receive marketing communications from us, you may opt out at any time by clicking the "unsubscribe" link in any marketing email or by contacting us at [email protected]. Please note that even if you opt out of marketing communications, we may still send you transactional and service-related communications.

19. Accessibility

Mod Pizza is committed to making our Website accessible to individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1, to the extent reasonably practicable. If you experience difficulty accessing any portion of our Website due to a disability, please contact us at [email protected], and we will make reasonable efforts to accommodate your needs.

20. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to contact us for any reason described in these Terms, please reach out to us using the following contact information:

We endeavor to respond to all inquiries within five (5) business days. For urgent matters related to food safety, allergies, or order issues, please use the contact information above and clearly indicate the nature of your concern in the subject line of your email.