Terms of Service

Effective Date: March 19, 2026  |  Last Updated: March 19, 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"), the operator of the website located at modpizz.rest (the "Website"). By visiting, accessing, browsing, or using this Website or any of the products and services offered through it, you expressly agree to be bound by these Terms, our Privacy Policy, and any other policies, guidelines, or rules that may be posted on the Website from time to time.

These Terms apply to all visitors, users, customers, and others who access or use the Website or any associated services. If you are using this Website on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and all references to "you" shall include both you as an individual and that entity.

Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically to stay informed of updates.

2. Description of Services

Mod Pizza is a food service business operating within the United States, providing customers with the ability to:

• Browse our menu offerings, including pizzas, salads, beverages, and other food and drink items;
• Place orders for in-store pickup, dine-in, or delivery (where available);
• Access nutritional information, ingredients, and allergen disclosures related to our menu items;
• Participate in loyalty programs, promotions, or special offers (subject to separate terms);
• Contact our customer service team for inquiries, feedback, and support;
• Access general information about our locations, hours of operation, and business practices;
• Create and manage a user account (where applicable) to facilitate ordering and personalization.

All food and beverage products are prepared and sold subject to applicable United States federal, state, and local food safety regulations, including those enforced by the U.S. Food and Drug Administration (FDA) and applicable state health departments. We reserve the right to modify, suspend, or discontinue any portion of our services at any time, with or without notice, and we shall not be liable to you or any third party for any such modifications, suspension, or discontinuation.

Menu items, prices, availability, and ingredients are subject to change without prior notice. We make reasonable efforts to ensure the accuracy of information displayed on the Website; however, we do not guarantee that all content is error-free or current at all times.

3. Eligibility and User Obligations

3.1 Eligibility

By using the Website and our services, you represent and warrant that you are at least thirteen (13) years of age. If you are under the age of eighteen (18), you must use this Website under the supervision of a parent or legal guardian. We do not knowingly collect personal information from children under the age of thirteen (13) without verifiable parental consent, in compliance with the Children's Online Privacy Protection Act (COPPA).

3.2 Account Registration

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

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

We reserve the right to suspend or terminate your account at our sole discretion if we determine that you have violated these Terms or if your account has been inactive for an extended period.

3.3 General User Obligations

As a condition of your use of the Website and our services, you agree to:

• Use the Website and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations;
• Provide accurate and truthful information in all communications and transactions with us;
• Respect the rights of other users and third parties;
• Not engage in any conduct that could damage our reputation or business operations.

4. Prohibited Activities

You expressly agree that you will not, under any circumstances, engage in any of the following activities in connection with the Website or our services:

• Unauthorized Access: Attempting to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, or any server used by us;
• Interference: Interfering with or disrupting the integrity or performance of the Website, servers, or networks connected to the Website, including through the introduction of viruses, malware, ransomware, or other malicious code;
• Data Harvesting: Using automated means, including bots, scrapers, crawlers, or similar technologies, to collect data from the Website without our prior written consent;
• Fraudulent Conduct: Engaging in fraudulent transactions, submitting false orders, using stolen payment information, or attempting to deceive us or other users in any manner;
• Impersonation: Impersonating any person or entity, including our employees, representatives, or other users;
• Intellectual Property Violations: Copying, reproducing, modifying, distributing, transmitting, or otherwise exploiting any content on the Website without our prior written permission;
• Illegal Activities: Using the Website to engage in any unlawful activity, including but not limited to money laundering, financing of terrorism, or any activity that violates U.S. federal, state, or local law;
• Harassment: Harassing, threatening, or intimidating any individual through or in connection with the Website;
• Reverse Engineering: Reverse engineering, decompiling, or disassembling any software or technology underlying the Website;
• Circumventing Security: Attempting to circumvent, disable, or otherwise interfere with any security features of the Website;
• Spam: Sending unsolicited commercial communications or spam through or in connection with the Website;
• False Information: Posting or transmitting false, inaccurate, misleading, defamatory, or offensive content through the Website.

Violation of any of the above prohibited activities may result in immediate termination of your access to the Website and our services, and may subject you to civil or criminal liability under applicable law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and other federal and state statutes.

5. Ordering and Payment Terms

5.1 Order Placement

When you place an order through our Website or at our physical locations, you are making an offer to purchase the selected items at the stated price. We reserve the right to accept or decline your order at our sole discretion. An order is considered confirmed only upon our explicit acceptance, which may be communicated through an order confirmation email or notification.

You are responsible for ensuring the accuracy of your order before submission, including the selected items, quantities, customizations, delivery address, and any special instructions. We may not be able to modify or cancel an order once it has been submitted and accepted.

5.2 Pricing

All prices displayed on the Website are in U.S. dollars (USD) and are subject to applicable sales taxes as required by federal, state, and local law. Prices may vary by location and are subject to change without notice. We reserve the right to correct pricing errors at any time, and in such cases, we will notify you of the corrected price and give you the option to proceed with or cancel your order.

5.3 Payment Methods

We accept various forms of payment, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, digital wallets, and gift cards where applicable. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information you provide is accurate and complete;
• You will pay all charges incurred in connection with your order at the stated prices, including applicable taxes and fees.

5.4 Refunds and Cancellations

Our refund and cancellation policy varies depending on the type of order and circumstances. Generally, once an order has been prepared, we are unable to offer refunds. If you believe there is an error with your order or you are dissatisfied with your food, please contact us at [email protected] or speak with a manager at the relevant location. We will make reasonable efforts to address your concerns in accordance with applicable consumer protection laws.

5.5 Promotions and Discounts

Any promotions, discount codes, loyalty rewards, or special offers are subject to their own specific terms and conditions. Unless otherwise stated, promotions cannot be combined with other offers, are non-transferable, have no cash value, and may expire or be modified at any time without notice.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Website and all of its contents, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, software, and other materials (collectively, "Content"), are the proprietary property of Mod Pizza or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

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

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with our food and beverage services. This license does not include the right to:

• Reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any Content;
• Use any data mining, robots, or similar data gathering or extraction methods;
• Download any portion of the Website, except as expressly permitted by us;
• Use the Website or Content for any commercial purpose or for any public display without our express written consent.

6.3 User-Generated Content

If you submit, post, or otherwise make available any content to us through the Website, social media, or other channels (including reviews, feedback, photos, or comments), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media format. You represent and warrant that you own or have the necessary rights to grant this license and that the content does not infringe any third-party rights.

7. Disclaimers and Website Availability

7.1 As-Is Basis

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER 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, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE ON THE WEBSITE, INCLUDING MENU INFORMATION, PRICING, NUTRITIONAL DATA, OR ALLERGEN INFORMATION.

7.2 Food and Allergen Disclaimer

While we make reasonable efforts to provide accurate and up-to-date nutritional, ingredient, and allergen information, such information may vary due to factors including product reformulation, supplier changes, regional variations, and preparation methods. Customers with food allergies or dietary restrictions should exercise caution and are encouraged to speak directly with our staff before ordering. We cannot guarantee that any menu item is free from specific allergens.

7.3 Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We strongly advise you to review the terms and privacy policies of any third-party websites you visit.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOD PIZZA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Website or our services;
• Any content obtained from the Website;
• Unauthorized access to or alteration of your transmissions or data;
• Any food product purchased or consumed in connection with our services;
• Any other matter relating to the Website or our services.

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

9. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza, its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys' fees) arising from or relating to:

• Your access to or use of the Website or our services;
• Your violation of any term or provision of these Terms;
• Your violation of any applicable law, regulation, or third-party right, including intellectual property rights or privacy rights;
• Any content you submit, post, or transmit through the Website;
• Your negligence or willful misconduct;
• Any claim by a third party arising from your use of our services.

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.

10. Governing Law and Jurisdiction

These Terms of Service and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which the relevant Mod Pizza location operates, without regard to conflict of law provisions. To the extent applicable, federal law, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and other relevant federal consumer protection statutes, shall apply.

For California residents, your rights may also be governed by the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as well as other California-specific consumer protection laws, including the California Unfair Competition Law (Business and Professions Code § 17200 et seq.) and the California Consumers Legal Remedies Act (Civil Code § 1750 et seq.).

Subject to the dispute resolution provisions below, you agree that any legal action or proceeding relating to your access or use of the Website or these Terms shall be instituted in a state or federal court of competent jurisdiction in the United States. You agree to submit to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such proceeding.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact us at [email protected] and provide a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute through good-faith negotiation within thirty (30) days of receiving your notice. If we cannot resolve the dispute informally within that period, either party may pursue the formal dispute resolution mechanisms described below.

11.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND MOD PIZZA AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR OUR SERVICES (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY) 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. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

11.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MOD PIZZA AGREE THAT EACH PARTY 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, REPRESENTATIVE, OR MASS ACTION PROCEEDING. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

11.4 Time Limitation on Claims

Any claim or cause of action you may have arising out of or relating to these Terms or your use of the Website must be filed within one (1) year after such claim or cause of action arose. Failure to bring a claim within this period shall result in that claim being permanently barred, regardless of any statute of limitations to the contrary.

12. Term and Termination

12.1 Duration

These Terms shall remain in full force and effect for as long as you access or use the Website or our services, unless terminated earlier in accordance with the provisions herein.

12.2 Termination by Us

We reserve the right, in our sole discretion and without prior notice or liability, to terminate or suspend your access to the Website and services, in whole or in part, for any reason, including but not limited to:

• Your violation of any provision of these Terms;
• Conduct that we determine, in our sole discretion, to be harmful to us, other users, or third parties;
• Fraudulent, deceptive, or abusive behavior;
• Requests from law enforcement or other government agencies;
• Extended periods of account inactivity;
• Discontinuation of the Website or our services.

12.3 Termination by You

You may terminate your use of the Website and your account at any time by ceasing use of the Website and, if applicable, by following the account deletion procedures described on the Website or by contacting us at [email protected].

12.4 Effect of Termination

Upon termination, your right to access and use the Website shall immediately cease. The following provisions shall survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provisions that, by their nature, should survive termination. Termination shall not affect any rights or obligations accrued prior to the date of termination.

13. Changes to These Terms

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

• Posting the revised Terms on the Website with an updated "Last Updated" date;
• Sending an email notification to the address associated with your account (if applicable); and/or
• Displaying a prominent notice on the Website.

Your continued use of the Website or our services after any such modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically. If you do not agree to the revised Terms, you must discontinue your use of the Website and services.

We may also update the Website content, pricing, menu offerings, and service features at any time without notice. Such updates do not constitute changes to these Terms unless they directly affect the legal relationship between you and us.

14. Privacy Policy

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, share, and protect your personal information in compliance with applicable U.S. federal and state privacy laws, including the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and other relevant regulations. By using the Website, you consent to our collection and use of your personal information as described in our Privacy Policy.

15. Accessibility

We are committed to ensuring that our Website is accessible to individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and applicable state accessibility laws. If you experience any difficulty accessing our Website or services due to a disability, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

16. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, labor strikes, supply chain disruptions, power outages, internet failures, cyberattacks, or other force majeure events. In such cases, our obligations under these Terms shall be suspended for the duration of the force majeure event, and we will resume performance as soon as reasonably practicable.

17. Entire Agreement

These Terms of Service, 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 Mod Pizza with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, warranties, understandings, and negotiations, whether written or oral, between the parties regarding such subject matter.

No failure or delay by us in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.

18. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, it shall be replaced with a valid and enforceable provision that most closely reflects the original intent of the parties.

The parties acknowledge and agree that each provision of these Terms shall be construed independently and that the invalidity or unenforceability of any one provision shall not render any other provision invalid or unenforceable.

19. No Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mod Pizza. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

20. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate any of our rights or obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any purported assignment by you in violation of this section shall be null and void.

21. Electronic Communications

By using our Website and services, you consent to receiving electronic communications from us, including order confirmations, receipts, promotional emails, and other communications related to your use of our services. 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.

In accordance with the CAN-SPAM Act (15 U.S.C. § 7701 et seq.) and other applicable laws, you may opt out of receiving promotional communications from us at any time by following the unsubscribe instructions included in such communications or by contacting us directly at [email protected]. Please note that even if you opt out of promotional communications, we may still send you transactional communications related to your orders or account.

22. Feedback and Suggestions

If you provide us with any feedback, suggestions, ideas, improvements, or other information regarding our services or Website ("Feedback"), you hereby grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, incorporate, and exploit such Feedback in any manner and for any purpose, without compensation or attribution to you. We are not obligated to act on any Feedback or to keep any Feedback confidential.

23. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your use of the Website, or our services, please contact us using the information below:

We aim to respond to all inquiries within a reasonable timeframe. For urgent matters related to food safety or order issues, we encourage you to contact us directly via email and include all relevant details to expedite your request.

These Terms of Service were last updated on March 19, 2026.