Terms of Service

Effective Date: May 27, 2026  |  Last Updated: May 27, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Mod Pizza ("Company," "we," "us," or "our"), governing your access to and use of the website located at foodmodpizza.rest (the "Website") and all related services, products, and content offered by Mod Pizza (collectively, the "Services").

By visiting our Website, placing an order, creating an account, clicking "I Agree," or otherwise engaging with our Services in any manner, 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. If you are using our Services on behalf of an organization or business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

You must be at least thirteen (13) years of age to use this Website. Users under the age of eighteen (18) must have parental or legal guardian consent. By using our Services, you represent and warrant that you meet the applicable age requirement. We reserve the right to verify your age and identity at any time.

These Terms apply to all visitors, registered users, customers, and any other persons who access or use the Website or Services. Your continued use of the Website after any modifications to these Terms constitutes your acceptance of the updated Terms.

2. Description of Services

Mod Pizza is a food service company operating within the United States, offering customers access to food ordering, menu browsing, nutritional information, loyalty program participation, catering inquiries, and related digital services through our Website at foodmodpizza.rest.

Our Services include, but are not limited to:

• Online Food Ordering: The ability to browse our menu, customize food items, and place orders for pickup or delivery at participating locations.
• Account Registration: The ability to create and manage a personal user account to facilitate faster ordering, save preferences, and access loyalty rewards.
• Loyalty and Rewards Program: Participation in our customer rewards and loyalty programs, subject to separate program-specific terms and conditions.
• Catering Services: Submission of catering inquiries and requests for group or event-based food orders.
• Nutritional and Allergen Information: Access to informational content regarding our menu items, ingredients, nutritional content, and allergen disclosures.
• Customer Support: Communication channels for customer service inquiries, feedback, and support requests.
• Promotional Content: Access to special offers, coupons, discounts, and promotional campaigns made available from time to time.

We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict access to any aspect of our Services at any time, with or without notice, and without liability to you. Menu items, prices, availability, and participating locations are subject to change without prior notice. Not all Services or menu items may be available in all geographic areas.

We do not guarantee that the Website will be uninterrupted, error-free, or free from viruses or other harmful components. We make no warranty that the Services will meet your specific requirements or expectations.

3. User Accounts and Registration

To access certain features of our Services, you may be required to create a user account. When registering, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account 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 will not be liable for any loss or damage arising from your failure to safeguard your account information.

You may not create an account on behalf of another person without their express authorization. You may not transfer your account to any other person or entity. Each user may maintain only one active account unless otherwise expressly authorized by Mod Pizza.

We reserve the right to suspend or terminate your account at our discretion if we believe that you have violated these Terms, engaged in fraudulent activity, or otherwise compromised the integrity of our Services.

4. User Obligations and Prohibited Activities

As a condition of your use of our Services, you agree to comply with all applicable federal, state, and local laws and regulations. You further agree that you will not engage in any of the following prohibited activities:

4.1 General Prohibited Conduct

• Using the Website or Services for any unlawful, fraudulent, deceptive, or unauthorized purpose;
• Attempting to gain unauthorized access to any portion of the Website, our servers, or any third-party systems connected to our Services;
• Introducing viruses, malware, ransomware, spyware, or any other malicious code or software into the Website;
• Using automated tools such as bots, scrapers, crawlers, or data harvesting technologies to extract data from the Website without our express written consent;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Submitting false, misleading, or fraudulent orders, reviews, or information;
• Engaging in conduct that disrupts, interferes with, or burdens the Website's infrastructure or the experience of other users;
• Circumventing or attempting to circumvent any security, authentication, or access control measures on the Website;
• Collecting or harvesting personal information of other users without their consent;
• Using our Services to send unsolicited commercial communications (spam).

4.2 Order and Transaction Obligations

• You agree to provide accurate payment and contact information when placing orders;
• You agree not to submit fraudulent, duplicate, or abusive orders;
• You agree not to exploit promotional codes, coupons, or loyalty rewards in a manner not intended by Mod Pizza;
• You agree to comply with any age restrictions applicable to certain menu items or services.

Violation of any of the above obligations may result in immediate termination of your account, cancellation of pending orders, and, where appropriate, referral to relevant law enforcement authorities. We reserve the right to pursue all available legal remedies against users who violate these Terms.

5. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, icons, photographs, audio clips, digital downloads, data compilations, software, and the overall appearance and design of the Website (collectively, "Content"), is the exclusive property of Mod Pizza or its licensors and is protected under United States copyright, trademark, trade dress, patent, and other applicable intellectual property laws.

The Mod Pizza name, logo, and all related marks, product names, service names, slogans, and trade dress are registered or unregistered trademarks of Mod Pizza in the United States and/or other jurisdictions. You are expressly prohibited from using any of our trademarks without our prior written permission. Nothing in these Terms shall be construed as granting you any license or right to use any trademark, service mark, or trade name belonging to Mod Pizza or any third party.

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

• Reproduce, copy, modify, distribute, publicly display, or create derivative works from any Content;
• Use any data mining, robots, or similar data gathering or extraction methods;
• Frame or mirror any portion of the Website without our express written consent;
• Reverse engineer, decompile, or disassemble any software or technical components of the Website.

Any unauthorized use of our intellectual property may constitute a violation of federal copyright law (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), or other applicable law, and may subject you to civil and criminal penalties.

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

6. Payment Terms and Pricing

When you place an order through our Website, you agree to pay all applicable charges, including the price of the food items, applicable taxes, service fees, delivery fees (if any), and any other charges disclosed at the time of your order. All prices are displayed in United States Dollars (USD).

We accept major payment methods as indicated on the Website at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the selected payment method and that the information you provide is accurate and complete.

Prices for menu items are subject to change without prior notice. We reserve the right to correct pricing errors at any time, even after an order has been placed. In the event of a pricing error, we will notify you and provide the option to proceed with the corrected price or cancel your order.

All sales are final, except as otherwise provided in our applicable refund or cancellation policy. In cases where a refund is warranted due to an error on our part or a defect in the product, refunds will be processed to the original payment method within a reasonable timeframe, subject to any processing times imposed by your financial institution.

Promotional offers, discount codes, and loyalty rewards are subject to their own specific terms and conditions and may not be combined with other offers unless explicitly stated. We reserve the right to limit quantities and to discontinue promotions at any time.

You are responsible for any taxes, duties, or other governmental charges applicable to your transactions, in addition to any taxes collected by us at the point of sale.

7. Third-Party Services and Links

Our Website may contain links to third-party websites, applications, or services ("Third-Party Services") that are not owned or controlled by Mod Pizza. We provide these links for your convenience only and do not endorse, control, or assume any responsibility for the content, policies, or practices of any Third-Party Services.

We strongly encourage you to read the terms and privacy policies of any third-party websites or services you visit. Your use of Third-Party Services is at your own risk, and Mod Pizza shall not be liable for any harm or loss arising from your interaction with Third-Party Services.

Our Website may also integrate with third-party delivery platforms, payment processors, and loyalty program providers. Your use of such integrated services is subject to the applicable third-party terms of service and privacy policies, in addition to these Terms.

8. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

MOD PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

While we make reasonable efforts to provide accurate nutritional and allergen information, we cannot guarantee that such information is complete, current, or free from error. Customers with food allergies, dietary restrictions, or medical conditions are advised to exercise caution and consult with their healthcare provider before consuming our products. Cross-contamination may occur in our kitchens, and we cannot guarantee that our products are completely free from any specific allergen.

The foregoing disclaimers apply to the fullest extent permitted by applicable law. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in their entirety, and you may have additional rights that vary by state.

9. Limitation of Liability

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

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SERVICES.

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

These limitations apply regardless of the legal theory upon which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, and even if Mod Pizza has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you in full.

You acknowledge that these limitations are a fundamental element of the basis of the bargain between you and Mod Pizza, and that Mod Pizza would not provide the Services without such limitations.

10. Indemnification

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

• Your breach or alleged breach of these Terms;
• Your use or misuse of the Website or Services;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your infringement of any intellectual property or other rights of any third party;
• Your User Content, including any claim that your User Content caused damage to or violated the rights of a third party;
• Your negligent or intentional misconduct;
• Any unauthorized use of your account credentials by a third party if such unauthorized use was the result of your failure to safeguard your credentials.

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

11. Governing Law and Jurisdiction

These Terms and 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 the Services, shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to conflict of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Services that is not resolved through the dispute resolution process described herein shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue or jurisdiction in connection with such legal action or proceeding.

These Terms are also subject to applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and any applicable state consumer protection statutes. If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA/CPRA), California Civil Code § 1750 et seq. (the Consumers Legal Remedies Act), and California Business and Professions Code § 17200 et seq. (the Unfair Competition Law).

Nothing in this section shall be construed to limit any rights or remedies you may have under applicable mandatory consumer protection laws that cannot be waived by contract.

12. Dispute Resolution and Arbitration

We encourage you to contact us first if you have any concerns or disputes regarding our Services. Many issues can be resolved quickly through our customer support channels. Please contact us at [email protected] before initiating any formal dispute resolution process.

12.1 Informal Resolution

Prior to initiating any formal dispute resolution proceedings, you agree to first attempt to resolve the dispute informally by providing written notice to Mod Pizza describing the nature of the dispute, your desired resolution, and your contact information. We will attempt to respond within thirty (30) days of receipt. If the dispute is not resolved within sixty (60) days of the initial notice, either party may proceed to formal dispute resolution.

12.2 Binding Arbitration

EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU AND MOD PIZZA AGREE THAT ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY RELATED MATTER SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, EXCEPT THAT EITHER PARTY MAY BRING INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT IF SUCH CLAIMS QUALIFY.

The arbitration shall be conducted by a nationally recognized arbitration organization under its applicable rules and procedures. The arbitrator shall have the authority to award any remedy available at law or in equity. The arbitrator's decision shall be final and binding, and judgment upon the arbitration award may be entered in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND MOD PIZZA 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT CLASS-WIDE ARBITRATION OR TO COMBINE OR CONSOLIDATE INDIVIDUAL ARBITRATIONS WITHOUT THE CONSENT OF ALL PARTIES.

12.4 Exceptions

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 or misappropriation of intellectual property rights, pending final resolution of a dispute through arbitration.

13. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Website or Services. We reserve the right, in our sole discretion, to suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.

Grounds for termination may include, without limitation:

• Violation of any provision of these Terms;
• Requests by law enforcement or government authorities;
• Unexpected technical or security issues;
• Extended periods of inactivity;
• Fraudulent, abusive, or otherwise unlawful behavior;
• Our business decision to discontinue, modify, or limit certain Services.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination of your account, your right to use the Services will immediately cease. Termination of your account does not relieve you of any obligations incurred prior to termination, including any outstanding payment obligations.

The following sections shall survive termination of these Terms and any termination of your access to the Services: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and all general provisions.

14. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time, in our sole discretion. When we make material changes to these Terms, we will provide notice through one or more of the following methods: posting the revised Terms on the Website with a new effective date, sending an email notification to the address associated with your account, or displaying a prominent notice on the Website.

Your continued use of the Website or Services after the effective date of any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree with any modifications to these Terms, you must stop using our Services and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed of any updates. The date at the top of this page indicates when these Terms were last updated. It is your responsibility to check for changes each time you use our Services.

15. Electronic Communications

By using our Website and Services, you consent to receiving electronic communications from Mod Pizza. These communications may include notices about your account, transactional information, order confirmations, promotional materials (if you have opted in), and other information related to our Services. You agree that any notices, agreements, disclosures, or other communications we send to you electronically satisfy any legal requirement that such communications be in writing.

If you wish to withdraw consent to receive certain electronic communications, you may opt out of marketing communications by following the unsubscribe instructions included 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 account-related messages.

16. 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 acknowledge and agree to the terms of our Privacy Policy.

If you are a California resident, you may have specific rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know, the right to delete, the right to opt out of the sale or sharing of personal information, and the right to non-discrimination. Please refer to our Privacy Policy for more information about how to exercise these rights.

17. Severability

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

The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves, to the greatest extent possible, the original intent and economic effect of the replaced provision.

18. Entire Agreement and Waiver

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

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

19. 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, pandemic or epidemic, war, terrorism, civil disturbance, government actions, labor disputes, power outages, internet failures, or supply chain disruptions. In such events, we will make reasonable efforts to notify you and resume performance as soon as reasonably practicable.

20. Accessibility

Mod Pizza is committed to making its Website accessible to individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing content on our Website, please contact us at [email protected] so that we may assist you and work to improve our accessibility features.

21. Contact Information

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

We will make every reasonable effort to respond to your inquiries in a timely manner. For urgent matters related to food safety or allergic reactions, please contact your local emergency services immediately.