Terms of Service

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

1. Acceptance of Terms

By accessing, browsing, or using the Site or any of the services provided by Mod Pizza ("Company," "we," "us," or "our"), you ("User," "you," or "your") expressly agree to be legally bound by these Terms of Service, our Privacy Policy (incorporated herein by reference), and all applicable federal, state, and local laws and regulations of the United States. These Terms constitute a legally binding agreement between you and the Company.

Your continued use of the Site after any modifications to these Terms constitutes your acceptance of the revised Terms. If you are using the Site on behalf of a business entity or organization, you represent and warrant that you have the legal authority to bind such entity to these Terms, and references to "you" shall include both you individually and the entity you represent.

You must be at least eighteen (18) years of age to use our Site and services. By using the Site, you represent and warrant that you are at least 18 years old. We do not knowingly permit minors to use our services, and we do not knowingly collect personal information from individuals under the age of 13 in compliance with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501–6506.

2. Description of Services

Mod Pizza operates as a food service business offering customers access to menu information, online ordering, delivery and pickup coordination, loyalty program management, promotional offers, and related food service experiences through the Site located at pizzanmod.top and associated digital channels.

Our services include, but are not limited to:

• Online Food Ordering: Customers may place orders for pizza and other food products through our Site for pickup or delivery, subject to availability and geographic limitations.
• Menu Information: We provide detailed descriptions of our food offerings, including ingredients, allergen information, and nutritional content where available.
• Account Management: Users may create accounts to manage preferences, track orders, store delivery addresses, and participate in loyalty or rewards programs.
• Promotional Services: We may offer coupons, discounts, limited-time deals, and special promotions accessible through the Site.
• Customer Support: We provide support services to address inquiries, complaints, and other customer needs via email at [email protected].
• Content and Information: We publish general information, news, updates, and other content related to our food business and brand.

We reserve the right, at our sole discretion, to modify, suspend, or discontinue any aspect of the services at any time without prior notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation of services.

Menu availability, pricing, and promotional offers are subject to change without notice and may vary by location, time, and availability. We do not guarantee that any specific menu item, promotion, or service will be available at any given time.

3. User Accounts and Registration

Certain features of our Site may require you to register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information as required during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the confidentiality and security of your login credentials, including your password;
• Accept responsibility for all activities that occur under your account;
• Immediately notify us of any unauthorized access or use of your account at [email protected].

We reserve the right to terminate or suspend your account at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, the Company, third parties, or for any other reason in our sole discretion. You may not transfer your account to any other person or entity.

4. User Obligations and Prohibited Activities

By using our Site and services, you agree to use them only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit the use and enjoyment of the Site by any third party. You agree to comply with all applicable federal, state, and local laws and regulations of the United States.

4.1 General Obligations

You agree to:

• Provide truthful, accurate, and current information when using the Site or placing orders;
• Use the Site only for personal, non-commercial purposes unless expressly authorized by us in writing;
• Comply with all applicable laws, regulations, and ordinances, including those governing food safety, consumer protection, and electronic commerce;
• Respect the intellectual property rights of the Company and third parties;
• Maintain the security of your account credentials.

4.2 Prohibited Activities

You expressly agree that you will NOT:

• Use the Site for any fraudulent, deceptive, or unlawful purpose, including but not limited to placing false or unauthorized orders;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Attempt to gain unauthorized access to any portion of the Site, other accounts, systems, or networks connected to the Site;
• Use automated means, including bots, scrapers, crawlers, or similar tools, to access or collect data from the Site without our express written permission;
• Transmit any viruses, malware, or other harmful, destructive, or disruptive code or programs to the Site;
• Engage in any activity that disrupts, damages, or interferes with the proper functioning of the Site or its servers;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Site or its software;
• Copy, reproduce, republish, upload, post, transmit, or distribute any content from the Site without our prior written consent;
• Use the Site to send unsolicited commercial communications (spam) to any person;
• Engage in harassment, abuse, or threatening behavior toward Company employees, representatives, or other users;
• Attempt to circumvent any security measure, access control, or usage limitation implemented on the Site;
• Use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party's use of the Site;
• Violate the rights of any third party, including intellectual property rights, privacy rights, or consumer protection rights;
• Misuse or abuse promotional codes, coupons, loyalty credits, or discounts through fraudulent means.

Violation of any of these prohibitions may result in the immediate termination of your access to the Site, cancellation of pending orders, and, where applicable, referral to appropriate law enforcement authorities.

5. Ordering, Pricing, and Payment Terms

When you place an order through our Site, you are making an offer to purchase food products at the prices and under the conditions stated on the Site at the time of your order. We reserve the right to accept or reject any order for any reason, including but not limited to unavailability of products, errors in pricing, or suspected fraudulent activity.

5.1 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. We reserve the right to change prices at any time without prior notice. Price changes will not affect orders that have already been confirmed.

5.2 Payment

We accept payment through methods specified at the time of checkout. By providing payment information, you represent and warrant that:

• You are authorized to use the designated payment method;
• Your payment information is accurate and complete;
• You authorize us to charge you for all amounts due in connection with your order.

We use industry-standard encryption and security measures to protect your payment information. We comply with applicable Payment Card Industry Data Security Standards (PCI-DSS) where required.

5.3 Order Cancellations and Refunds

Due to the perishable nature of food products, cancellations and refunds are subject to our Refund and Cancellation Policy, which is incorporated herein by reference. Generally, cancellations must be made within a limited window after order placement. Refunds for orders that are incorrect, unsatisfactory, or otherwise defective will be evaluated on a case-by-case basis in compliance with applicable consumer protection laws, including the FTC Act (15 U.S.C. § 41 et seq.).

5.4 Delivery

Delivery availability, fees, estimated times, and geographic zones are provided at checkout and are subject to change. We do not guarantee specific delivery times, and delays may occur due to factors outside our control, including weather, traffic, or high order volumes. Risk of loss and title to food products pass to you upon delivery or pickup.

6. Intellectual Property Rights

All content, materials, and elements on the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, and the overall appearance and design of the Site (collectively, "Company Content"), are the exclusive property of Mod Pizza or its licensors and are protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable laws.

All trademarks, logos, and service marks displayed on the Site are registered or unregistered marks of the Company or their respective owners. Nothing contained on the Site should be construed as granting any license or right to use any trademark or service mark without the prior written permission of the Company or such third-party owner.

6.1 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content solely for your personal, non-commercial use in connection with ordering our food products or obtaining information about our services. This license does not include:

• Any resale or commercial use of the Site or its content;
• Any collection and use of any product listings, descriptions, or prices;
• Any derivative use of the Site or its content;
• Any downloading, copying, or use of account information for the benefit of any third party;
• Any use of data mining, robots, or similar data gathering and extraction tools.

6.2 User-Submitted Content

If you submit reviews, comments, feedback, photographs, or other content to the Site ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or otherwise have the rights to the User Content you submit and that it does not violate any third-party rights or applicable law.

We reserve the right to remove any User Content at our sole discretion without notice.

7. Privacy and Data Protection

Our collection, use, and protection of your personal information is governed by our Privacy Policy, available on the Site, which is incorporated into these Terms by reference. By using our Site, you consent to the collection and use of your information as described in the Privacy Policy.

We comply with applicable United States federal and state privacy laws, including the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA) (Cal. Civ. Code § 1798.100 et seq.) for California residents, and the FTC Act (15 U.S.C. § 41 et seq.) as it pertains to consumer data privacy and protection. We do not sell your personal information to third parties as defined under applicable law.

8. Allergen and Food Safety Disclaimers

We make reasonable efforts to provide accurate allergen and ingredient information for our food products on the Site. However, due to the nature of food preparation environments, we cannot guarantee that any menu item is completely free from specific allergens. Cross-contamination may occur during preparation.

The Company is not responsible for any adverse reactions, health consequences, or damages arising from the consumption of our food products where such consequences result from undisclosed allergen sensitivities or pre-existing health conditions not communicated to us at the time of ordering.

9. Third-Party Links and Services

The Site may contain links to third-party websites, platforms, delivery services, or applications ("Third-Party Services") that are not owned or controlled by the Company. These links are provided solely for your convenience and information. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any Third-Party Services.

We do not endorse or make any representations about Third-Party Services. Your access to and use of any Third-Party Services is at your own risk and subject to the terms and conditions of those third parties. We encourage you to review the applicable terms and privacy policies of any Third-Party Services you access.

10. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES, CONTENT, INFORMATION, PRODUCTS, AND MATERIALS PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT ON THE SITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF FOOD PRODUCTS BEYOND THOSE REQUIRED BY APPLICABLE LAW.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, our warranties shall be limited to the minimum scope and duration permitted by applicable law.

11. Limitation of Liability

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

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
• PERSONAL INJURY OR PROPERTY DAMAGE NOT DIRECTLY CAUSED BY OUR PROVEN NEGLIGENCE;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM THE CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SITE;
• ANY OTHER MATTER RELATING TO THE SITE OR SERVICES;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00); OR (B) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations of liability set forth above shall apply regardless of the form of action and shall survive the termination or expiration of these Terms. Some jurisdictions do not permit the exclusion or limitation of certain types of damages, so the above limitations may not apply to you in full.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, licensors, and representatives (collectively, "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 relating to:

• Your use of or access to the Site or services;
• Your violation of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party right, including intellectual property rights, privacy rights, or consumer protection rights;
• Any User Content you submit, post, or transmit through the Site;
• Any fraudulent, false, or misleading information you provide;
• Your negligent or willful misconduct.

We reserve the right, at our sole discretion and at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses. This indemnification obligation shall survive the termination of these Terms and your use of the Site.

13. Governing Law and Jurisdiction

These Terms of Service shall be governed by, construed, and enforced in accordance with the federal laws of the United States and applicable state laws, without regard to conflict of laws principles that would require the application of the laws of any other jurisdiction.

For any disputes not subject to arbitration under Section 14, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the United States, and you waive any objection to the laying of venue of any such proceedings in such courts and any claim that such proceedings have been brought in an inconvenient forum.

We comply with all applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and other applicable federal statutes.

14. Dispute Resolution and Arbitration

14.1 Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. EXCEPT AS PROVIDED BELOW, ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR YOUR USE OF OUR SERVICES WILL BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN IN COURT.

You and the Company 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 to the use of the Site or services (collectively, "Disputes"), shall be settled by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org or by calling 1-800-778-7879.

14.2 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent or stop actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Additionally, either party may bring claims in small claims court if the claim qualifies under the applicable small claims court rules.

14.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. The arbitrator shall not have authority to conduct a class or collective proceeding.

14.4 Arbitration Procedures

The arbitration shall be conducted in English. The arbitrator's award shall be in writing and shall be final and binding on all parties, subject only to those grounds for vacating, modifying, or correcting an award as provided by applicable federal law. Judgment upon the award may be entered in any court of competent jurisdiction.

14.5 Informal Resolution

Before initiating formal arbitration, the parties agree to attempt informal resolution of any dispute. You must first send a written notice of your claim to [email protected] describing the nature of the claim and your requested relief. We will have thirty (30) days to respond and attempt to resolve the dispute informally. If the dispute cannot be resolved informally within thirty (30) days, either party may proceed to arbitration.

15. Term and Termination

These Terms become effective on the date you first access or use the Site and shall remain in full force and effect for so long as you continue to use the Site or maintain an account, unless earlier terminated as provided herein.

15.1 Termination by You

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 incurred prior to termination.

15.2 Termination by Us

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

• Your breach of any provision of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Extended periods of account inactivity;
• Regulatory, legal, or business reasons;
• Requests from law enforcement or government authorities.

15.3 Effect of Termination

Upon termination of your account or access to the Site, all licenses and rights granted to you under these Terms will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including without limitation intellectual property provisions, payment obligations for completed orders, disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

16. Changes to These Terms

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

• Posting the updated Terms on the Site with a revised "Last Updated" date;
• Sending a notification to the email address associated with your account (if applicable); or
• Displaying a prominent notice on the Site's homepage.

Your continued use of the Site after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Site. We encourage you to periodically review these Terms to stay informed of any updates.

For changes that materially affect your rights or obligations, we will provide at least thirty (30) days' advance notice where reasonably practicable. For changes required by law or for urgent security or operational reasons, we may provide shorter notice or no notice at all.

17. Electronic Communications

By using the Site and providing your email address, you consent to receive electronic communications from us, including order confirmations, account notices, promotional offers, and other service-related messages. These electronic communications satisfy any legal requirement that communications be in writing. You may opt out of promotional emails at any time by following the unsubscribe instructions in any such email or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, you may still receive transactional or service-related messages.

18. Force Majeure

The Company shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, floods, fires, earthquakes, wars, terrorism, civil unrest, labor disputes, supply chain disruptions, governmental actions, power outages, internet service disruptions, or other force majeure events ("Force Majeure Events").

In the event of a Force Majeure Event, we will use commercially reasonable efforts to resume performance as soon as practicable. We will notify affected users of the nature and expected duration of the Force Majeure Event through appropriate channels, including the Site.

19. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, unenforceable, or contrary to applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the remaining provisions of these Terms, which shall remain in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.

The parties agree that if any provision is found to be unenforceable as written, the court or arbitrator shall reform such provision to the minimum extent necessary to make it enforceable while preserving as much of the original intent of the provision as possible.

20. Waiver

No waiver by the Company of any right or provision in these Terms shall be effective unless made in writing and signed by an authorized representative of the Company. Any failure or delay by the Company to enforce or exercise any right under these Terms shall not constitute a waiver of such right. A waiver of any breach or default does not constitute a waiver of any subsequent breach or default of the same or any other provision.

21. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or agreements posted on the Site, constitute the entire agreement between you and the Company with respect to your use of the Site and services. These Terms supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding your use of the Site.

No oral modification, amendment, or waiver of any provision of these Terms shall be effective or binding on the parties. Any modification must be in writing and duly signed by authorized representatives of both parties.

22. Assignment

You may not assign, transfer, sublicense, or delegate your rights or obligations under these Terms, in whole or in part, without our prior written consent. Any attempted assignment without such consent shall be null and void. The Company may freely assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

23. Accessibility

We are committed to making our Site accessible to all users, including those with disabilities. We strive to comply with applicable accessibility standards under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you encounter accessibility barriers on our Site, please contact us at [email protected] so we can address your needs and improve our accessibility.

24. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service or our services, please contact us using the information below:

We will make reasonable efforts to respond to all inquiries within five (5) business days. For urgent matters related to food safety, health concerns, or order issues, please contact us immediately by email.