Terms of Service

Please read these Terms of Service carefully before using our website or placing any orders. By accessing or using modpizza-eat.top, you agree to be bound by these Terms of Service and all applicable laws and regulations.

1. Acceptance of Terms

By accessing, browsing, or using the website located at modpizza-eat.top (the "Website"), or by placing an order for food products or services offered through the Website, you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (the "Terms"), our Privacy Policy, and any additional guidelines, policies, or rules applicable to specific features of the Website, all of which are incorporated herein by reference.

These Terms constitute a legally binding agreement between you and the company operating this Website (referred to herein as "we," "us," or "our"). If you do not agree with any part of these Terms, you must immediately discontinue your use of the Website and refrain from placing any orders.

You represent and warrant that you are at least eighteen (18) years of age, or, if you are between the ages of thirteen (13) and seventeen (17), that you are using the Website under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms. Individuals under the age of thirteen (13) are not permitted to use this Website under any circumstances.

Your continued use of the Website following any modification to these Terms shall constitute your acceptance of the modified Terms. We encourage you to review these Terms periodically to remain informed of any updates.

2. Description of Services

The Website provides customers located within the United States with the ability to browse our menu, place online food orders, customize menu items, schedule pickup or delivery, and manage their order preferences. Our services are designed to offer a convenient, user-friendly digital ordering experience for fresh, made-to-order pizza and related food and beverage products.

Our core services include, but are not limited to, the following:

• Online Menu Browsing: Users may view our current menu offerings, including descriptions, ingredients, pricing, and available customizations for each item.
• Custom Order Placement: Users may build and customize their food orders by selecting from a variety of crusts, sauces, proteins, vegetables, and other toppings.
• Pickup Orders: Users may place orders for in-store or curbside pickup at designated locations.
• Delivery Services: Where available, users may request delivery of their orders to a specified address within our delivery zones. Delivery availability, fees, and estimated times may vary.
• Account Management: Registered users may maintain a personal account to track order history, save payment preferences, and manage contact information.
• Promotions and Loyalty Programs: From time to time, we may offer promotional discounts, coupon codes, or loyalty rewards to eligible customers, subject to additional terms and conditions.

We reserve the right, at our sole discretion, to modify, suspend, or discontinue any aspect of our services, including but not limited to menu offerings, delivery zones, operating hours, and available customizations, at any time and without prior notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

All food items are subject to availability. We do not guarantee that any particular menu item will be available at any given time, and we reserve the right to substitute ingredients or decline orders when necessary due to supply constraints or operational limitations.

3. User Obligations and Prohibited Activities

By using the Website, you agree to comply with all applicable federal, state, and local laws and regulations in the United States, including but not limited to those governing consumer protection, electronic commerce, and food service. You further agree to use the Website solely for lawful purposes and in a manner consistent with these Terms.

3.1 User Obligations

As a user of this Website, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or communicating with us.
• Maintain the confidentiality of your account credentials and promptly notify us of any unauthorized use of your account.
• Accept responsibility for all activities conducted through your account.
• Provide a valid method of payment when placing orders and ensure that sufficient funds or credit are available to complete the transaction.
• Review your order details carefully before confirming your purchase, as errors in customization or delivery address may be difficult or impossible to correct after submission.
• Comply with any additional terms and conditions applicable to specific promotions, loyalty programs, or special offers.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Using the Website for any unlawful, fraudulent, deceptive, or abusive purpose.
• Placing orders with no intention of completing payment or accepting delivery.
• Using automated scripts, bots, crawlers, scrapers, or similar software to access, collect data from, or interact with the Website without our express written consent.
• Attempting to gain unauthorized access to any portion of the Website, our servers, databases, or any system or network connected to the Website.
• Interfering with or disrupting the integrity or performance of the Website or the data contained therein.
• Uploading or transmitting any viruses, malware, ransomware, or other malicious code through the Website.
• Impersonating any person or entity, or falsely claiming an affiliation with any person or entity.
• Harvesting or collecting personal information of other users without their express consent.
• Using any content from the Website for commercial purposes without our prior written authorization.
• Circumventing, disabling, or otherwise interfering with security features of the Website.
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Website.
• Submitting false, misleading, or defamatory reviews or feedback.
• Violating any applicable local, state, federal, or international law or regulation.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including reporting such activity to relevant law enforcement authorities.

4. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, photographs, logos, icons, audio clips, digital downloads, data compilations, software, and the overall design and layout of the Website (collectively, the "Content"), is the exclusive property of the company operating this Website or its content suppliers and is protected by applicable United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

The trademarks, service marks, logos, and trade names appearing on the Website are proprietary marks. Nothing contained on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, or logo without the express prior written consent of the respective owner.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial purposes in connection with placing food orders and using the services described herein. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works of any Content;
• Use any Content for commercial purposes or for any public display, commercial or non-commercial;
• Remove any copyright, trademark, or other proprietary notices from the Content;
• Transfer the Content to another person or "mirror" the Content on any other server.

Any unauthorized use of the Content immediately terminates the license granted herein. We reserve all rights not expressly granted in these Terms.

5. Payment Terms

By placing an order through the Website, you agree to pay the total amount displayed at checkout, which includes the price of all selected food items, applicable taxes, service fees, and any delivery charges. All prices are displayed in United States Dollars (USD).

5.1 Accepted Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed on the Website at the time of checkout. By submitting your payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

5.2 Pricing and Taxes

All prices are subject to change without notice. We reserve the right to modify prices at any time. Applicable sales taxes will be calculated based on the order total and the delivery or pickup location in accordance with applicable state and local tax laws in the United States.

5.3 Order Confirmation

Upon successful placement of an order and processing of your payment, you will receive an order confirmation via email or on-screen notification. This confirmation represents our acceptance of your order and forms a binding contract for the provision of the specified food items.

5.4 Cancellations and Refunds

Due to the perishable nature of food products and the speed at which orders are prepared, cancellations may not be possible once an order has been accepted and preparation has commenced. If you wish to cancel an order, please contact us immediately at [email protected]. Refund eligibility will be assessed on a case-by-case basis at our sole discretion. We are not obligated to provide refunds for orders that have already been prepared or are in the process of delivery.

5.5 Promotional Codes and Discounts

Promotional codes and discount offers are subject to their own specific terms and conditions, may have expiration dates, and may not be combined with other offers unless expressly stated. We reserve the right to refuse or revoke promotional offers in cases of suspected abuse, fraud, or violation of the applicable promotion terms.

6. Limitation of Liability

To the fullest extent permitted by applicable law, including the laws of the United States and the laws of the state in which we operate, we 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, data, use, or other intangible losses, arising out of or in connection with:

• Your access to or use of (or inability to access or use) the Website or our services;
• Any conduct or content of any third party on or through the Website;
• Any content obtained from the Website;
• Unauthorized access, use, or alteration of your transmissions or content;
• Delays, inaccuracies, or errors in food delivery or order fulfillment;
• Any allergen-related incidents resulting from failure to accurately disclose dietary restrictions or from cross-contamination;
• Any reliance placed by you on the completeness or accuracy of menu information, nutritional data, or ingredient listings.

Our total cumulative liability to you for all claims arising out of or relating to these Terms or our services shall not exceed the total amount you paid to us for the specific order giving rise to the claim in the thirty (30) days preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

7. Disclaimers

THE WEBSITE AND ALL CONTENT, SERVICES, PRODUCTS, AND INFORMATION MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER 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.

We do not warrant that:

• The Website will be uninterrupted, timely, secure, or error-free;
• The results that may be obtained from the use of the Website will be accurate or reliable;
• The quality of any products, services, information, or other material obtained through the Website will meet your expectations;
• Any errors in the Website will be corrected.

Allergen Disclaimer: Our food products are prepared in facilities that may handle common allergens including, but not limited to, gluten, dairy, eggs, nuts, soy, and shellfish. While we make reasonable efforts to accommodate dietary restrictions, we cannot guarantee that any menu item is completely free from allergens. Customers with severe food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order. We expressly disclaim all liability for adverse reactions arising from allergen exposure.

Nutritional Information Disclaimer: Nutritional information provided on the Website is approximate and may vary based on ingredient substitutions, serving sizes, preparation methods, and supplier variations. This information is provided for general informational purposes only and should not be relied upon for medical, dietary, or nutritional advice.

8. Indemnification

You agree to defend, indemnify, and hold harmless the company operating this Website, and its officers, directors, employees, agents, contractors, licensors, suppliers, successors, and assigns, from and against any and all 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 or any applicable law or regulation;
• Your use of the Website or our services;
• Your submission, posting, or transmission of any content through the Website;
• Any misrepresentation made by you in connection with your use of the Website;
• Your infringement of any intellectual property or other rights of any third party;
• Any claim by a third party arising from your acts or omissions in connection with the Website.

We reserve the right to assume exclusive control of the defense of any matter for which you are required to indemnify us, at your expense. You agree to cooperate fully with us in the defense of any such claims. This indemnification obligation will survive the termination of these Terms and your use of the Website.

9. Governing Law and Jurisdiction

These Terms of Service 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 operations are conducted, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded and shall not apply to these Terms.

Federal consumer protection laws, including those enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 45), apply to our business practices and online transactions. To the extent applicable, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) and other applicable state privacy laws govern our data handling practices as described in our Privacy Policy.

Any legal action or proceeding arising under or relating to these Terms that is not subject to arbitration as described below shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on improper venue or forum non conveniens.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute informally by contacting us at [email protected] and providing a written description of the dispute, the relief sought, and your contact information. We will attempt to address your concerns within thirty (30) days of receiving your notice. If the dispute is not resolved informally within sixty (60) days of your initial notice, either party may proceed to arbitration as described below.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes that qualify for small claims court, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or our services shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

10.4 Exceptions

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

11. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Website or maintain an account with us. We reserve the right, in our sole discretion and without prior notice or liability, to:

• Suspend or terminate your access to all or any part of the Website at any time, for any reason, including if we believe you have violated these Terms;
• Delete your account and all associated data in accordance with our Privacy Policy;
• Refuse service to any individual or entity at any time and for any reason.

Upon termination, your right to use the Website shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations or liabilities that arose prior to termination.

12. Changes to Terms

We reserve the right to revise, modify, or replace these Terms at any time in our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email or through a prominent notice on the Website.

Your continued use of the Website after any changes become effective constitutes your binding acceptance of the revised Terms. If you do not agree with the modified Terms, you must stop using the Website and, if applicable, close your account.

We encourage you to review these Terms periodically. It is your responsibility to check for updates to ensure you are aware of any changes that may affect your rights and obligations.

13. Third-Party Links and Services

The Website may contain links to third-party websites, services, or platforms, including payment processors, delivery partners, and social media platforms. These links are provided for your convenience only and do not signify our endorsement of such third-party websites or their content. We have no control over the content or practices of any third-party websites and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them.

Your interactions with third-party service providers, including the submission of personal and payment information, are governed solely by the terms and privacy policies of those third parties. We strongly encourage you to review the terms and privacy policies of any third-party website you visit.

14. Privacy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and safeguard your personal information in compliance with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and the FTC Act. Please review our Privacy Policy carefully to understand our practices.

15. Force Majeure

We shall not be liable to you for any failure or delay in the performance of our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, flood, earthquake, governmental actions, war, terrorism, civil unrest, labor disputes, supply chain disruptions, power outages, or failures of telecommunications infrastructure. In such events, our obligations shall be suspended for the duration of the force majeure event, and we shall not be deemed to be in breach of these Terms.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or an arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision, and the remaining provisions of these Terms shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.

17. Entire Agreement and Waiver

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

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and no failure to exercise, or delay in exercising, any right, power, or privilege under these Terms shall operate as a waiver thereof.

18. Electronic Communications

By using the Website or communicating with us via email or other electronic means, you consent to receive communications from us electronically. 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 may opt out of promotional communications at any time by following the unsubscribe instructions contained in our emails or by contacting us directly.

19. Accessibility

We are committed to making our Website accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG). If you encounter any accessibility barriers on our Website, please contact us so that we may assist you and work to improve our accessibility standards.

20. Contact Information

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

We will make reasonable efforts to respond to all inquiries within a reasonable time frame. For legal notices, please ensure your communication is clearly marked as a legal notice and sent to the email address listed above.