Terms of Service

Effective Date: April 3, 2026  |  Last Updated: April 3, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and the operator of modpizza.top ("Company," "we," "us," or "our"), governing your access to and use of the website located at modpizza.top (the "Website") and all related services, content, features, and functionality offered through the Website (collectively, the "Services").

By visiting, browsing, registering an account on, or placing an order through modpizza.top, you expressly agree to these Terms, our Privacy Policy, and any other policies or guidelines incorporated herein by reference. These Terms apply to all visitors, registered users, customers, and anyone else who accesses or uses our Services.

If you are using the Services 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 in such case, "you" and "your" will refer to that entity. If you do not have such authority, you must not access or use our Services on behalf of such entity.

Users must be at least 18 years of age, or the age of majority in their applicable jurisdiction, to enter into this Agreement. By accepting these Terms, you represent and warrant that you meet the applicable age requirement. If you are under 18 years of age, you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Mod Pizza operates as a food service business offering customers the ability to browse menu items, place online orders, schedule pickup or delivery of food products, and access information about our locations, promotions, nutritional content, and other related matters. The specific Services offered through modpizza.top may include, but are not limited to:

• Online food ordering and customization
• Order tracking and status updates
• Account registration and management
• Loyalty program participation and rewards redemption
• Promotional offers, discounts, and coupon delivery
• Nutritional and allergen information access
• Customer support and communication
• Catering and bulk order requests
• Gift card purchase and redemption
• Feedback and review submission

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

Availability of specific menu items, prices, promotions, and services may vary by location, time of day, and other factors. We do not guarantee the availability of any particular item, offer, or feature at any given time. All food products are subject to availability and seasonal variation.

3. User Registration and Account Obligations

Certain features of our Services may require you to create an account. When registering, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account.

You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with the security obligations set forth herein.

You may not use another person's account without their explicit permission. You may not create an account using false identity or impersonate any person or entity. We reserve the right to suspend or terminate any account that we reasonably believe has been created using false or misleading information, or that has been used in violation of these Terms.

4. User Obligations and Prohibited Activities

As a condition of your use of the 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 Prohibited Conduct

• Using the Website or Services for any unlawful purpose or in violation of any applicable law or regulation, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Electronic Communications Privacy Act, or any applicable Federal Trade Commission (FTC) regulations
• Attempting to gain unauthorized access to any part of the Website, server, network, or system associated with the Website
• Using automated tools, bots, scrapers, crawlers, or similar software to access, collect, or extract data from the Website without our prior written consent
• Interfering with or disrupting the integrity or performance of the Website or the data contained therein
• Uploading or transmitting viruses, malware, or any other malicious code or program
• Submitting false, misleading, or fraudulent orders, reviews, or information
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity
• Engaging in any form of harassment, abuse, or harmful conduct toward other users, employees, or representatives of the Company
• Attempting to reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of any software associated with the Website
• Using the Services for commercial solicitation, spam, chain letters, or any unsolicited mass communication
• Collecting or harvesting personally identifiable information from other users without their consent
• Circumventing or disabling any technological security features or measures of the Website
• Engaging in any activity that imposes an unreasonable or disproportionately large load on our infrastructure
• Using the Services to facilitate any fraudulent transaction, including the unauthorized use of payment information belonging to another person
• Reproducing, duplicating, copying, selling, trading, or reselling any portion of the Services for any commercial purpose not expressly authorized by us

We reserve the right to investigate and prosecute violations of any of the above to the fullest extent permitted by law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

5. Intellectual Property Rights

All content, materials, and functionality available on or through modpizza.top, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the overall design and arrangement of the Website (collectively, "Content"), are the exclusive property of Mod Pizza or its licensors and are protected by applicable United States and international intellectual property laws, including copyright laws under the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws under the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable intellectual property statutes and regulations.

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

5.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for your personal, non-commercial purposes. This license does not include the right to: (a) resell or commercially exploit the Website or its contents; (b) make any derivative use of the Website or its contents; (c) download or copy account information for the benefit of another merchant; or (d) use any data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Content terminates the license granted herein. You agree not to remove or alter any copyright, trademark, or other proprietary notice from any portion of the Content.

5.2 User-Submitted Content

If you submit, post, or otherwise provide any content, feedback, reviews, suggestions, or materials to or through the Services ("User Content"), you grant us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant this license, and that your User Content does not infringe any third-party rights or violate any applicable law.

6. Ordering, Payment Terms, and Pricing

When you place an order through modpizza.top, you are making an offer to purchase food products and/or services subject to these Terms. We reserve the right to accept or decline any order at our sole discretion. An order is confirmed only upon our issuance of an order confirmation to you.

6.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices may vary by location. We strive to display accurate pricing information, but errors may occur. In the event of a pricing error, we reserve the right to cancel orders placed at the incorrect price and will notify you accordingly.

6.2 Payment

We accept various forms of payment as indicated on the Website at the time of your order, which may include major credit cards, debit cards, digital wallets, gift cards, and other payment methods. By providing payment information, you represent and warrant that: (a) you are authorized to use the designated payment method; (b) you authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees; and (c) all payment information you provide is accurate and complete.

All transactions are subject to verification and authorization by your payment provider. We are not responsible for delays or failures in processing payments due to issues with your payment provider. Your payment information is processed in accordance with applicable Payment Card Industry Data Security Standards (PCI-DSS).

6.3 Taxes

You are responsible for all applicable sales taxes, use taxes, and other governmental charges associated with your purchase. We will collect and remit applicable taxes as required by law based on the delivery or pickup location of your order.

6.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you experience an issue with your order, please contact us at [email protected] within a reasonable time of receiving your order, and we will work to resolve the matter in a fair and reasonable manner. We reserve the right to issue refunds, credits, or replacements at our sole discretion on a case-by-case basis.

7. Allergen and Nutritional Information

We make reasonable efforts to provide accurate allergen and nutritional information for our menu items. However, our food products are prepared in shared kitchen environments where cross-contamination may occur. We cannot guarantee that any menu item is completely free from any particular allergen. Customers with food allergies or dietary restrictions are strongly advised to contact us directly at [email protected] before placing an order to discuss their specific needs. We disclaim all liability for allergic reactions or other adverse health effects resulting from the consumption of our food products.

8. Disclaimers and "As-Is" Basis

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in their entirety. In such jurisdictions, our warranties are limited to the greatest extent permitted by applicable law.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

10. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza and its officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or 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 Services, including any orders placed by you
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights
• Any User Content submitted, posted, or otherwise provided by you through the Services
• Any misrepresentation made by you in connection with your use of the Services
• Any fraud, willful misconduct, or gross negligence on your part

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11. Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Mod Pizza. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant or make any representations regarding the accuracy, completeness, reliability, or suitability of any third-party content. We strongly advise you to read the terms of service and privacy policies of any third-party websites you visit. Your access to and use of third-party websites is entirely at your own risk and subject to the terms and conditions of those websites.

12. Privacy and Data Protection

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and share information about you when you use our Services. By using our Services, you consent to our collection and use of your information as described in our Privacy Policy.

To the extent applicable, our data practices comply with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and other applicable United States federal and state privacy laws, including applicable Federal Trade Commission (FTC) regulations and guidelines regarding consumer data privacy and protection.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which the relevant Mod Pizza location operates, without regard to conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located within the United States, and you hereby consent to personal jurisdiction and venue in such courts.

These Terms and your use of the Services are subject to all applicable federal laws and regulations, including without limitation the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, and other applicable federal consumer protection laws and regulations.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute informally by contacting us at [email protected] with a written description of the dispute, your name, contact information, and the relief sought. We will attempt to resolve the dispute informally within thirty (30) days of receipt of your notice. If the dispute is not resolved within that period, either party may proceed with formal dispute resolution as described below.

14.2 Binding Arbitration

Except as otherwise provided herein, any dispute, controversy, or claim arising out of or relating to these Terms, the breach thereof, or your use of the Services, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect, rather than in court. 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.

You and Mod Pizza agree that any arbitration shall be conducted on an individual basis and not as a class, collective, or representative action. YOU AND MOD PIZZA HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14.3 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration. Claims regarding intellectual property infringement shall not be subject to arbitration and may be brought in a court of competent jurisdiction.

14.4 Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of first accepting these Terms by sending a written opt-out notice to [email protected] with the subject line "ARBITRATION OPT-OUT." Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out of arbitration, disputes shall be resolved in court as set forth in Section 13.

15. Term and Termination

These Terms are effective from the date you first access or use the Services and continue until terminated in accordance with this Section.

15.1 Termination by You

You may terminate these Terms at any time by discontinuing your use of the Services and, if applicable, deleting your account. Termination does not relieve you of any obligations or liabilities incurred prior to the date of termination.

15.2 Termination by Us

We reserve the right to suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including but not limited to your violation of these Terms, conduct that we reasonably believe is harmful to other users, third parties, or our business interests, or if we are required to do so by applicable law. We may, but are not obligated to, provide notice of termination.

15.3 Effect of Termination

Upon termination of these Terms for any reason: (a) your license to use the Services immediately terminates; (b) you must cease all use of the Website and Services; and (c) all provisions of these Terms that by their nature should survive termination shall survive, including without limitation the sections on intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.

16. Changes to Terms

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

Your continued use of the Website or Services following the posting of updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue your use of the Services. We encourage you to review these Terms periodically to stay informed about our policies and your rights and obligations.

17. Electronic Communications

By using the Services or communicating with us electronically, you consent to receive electronic communications from us, including via email, SMS text message, push notification, or postings on the Website. 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 certain electronic communications by following the unsubscribe instructions provided in our messages or by contacting us at [email protected].

18. Force Majeure

We shall not be liable for any failure or delay in the performance of our obligations under these Terms arising from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic events, governmental actions or regulations, power outages, internet or telecommunications failures, labor disputes, civil unrest, terrorism, fire, flood, or other similar events ("Force Majeure Events"). In the event of a Force Majeure Event, our obligations under these Terms will be suspended for the duration of the Force Majeure Event, and we will use commercially reasonable efforts to resume performance as soon as practicable.

19. Severability

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

20. Waiver

No failure or delay by Mod Pizza to exercise any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. No waiver by us of any breach or default of any provision of these Terms shall be deemed a waiver of any subsequent breach or default or a waiver of the provision itself.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, policies, or guidelines published by us on the Website, constitute the entire agreement between you and Mod Pizza with respect to your use of the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof. No oral or written representations or warranties made by or on behalf of Mod Pizza prior to your acceptance of these Terms shall constitute a part of this Agreement or be relied upon by you.

22. Assignment

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

23. Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or franchise relationship between you and Mod Pizza. You and Mod Pizza are independent parties, and neither party has the authority to bind the other in any respect or to incur any obligation on behalf of the other.

24. Headings

The section headings and subheadings contained in these Terms are for convenience and reference purposes only and shall not affect the interpretation or construction of any provision of these Terms.

25. Contact Information

If you have any questions, concerns, complaints, or inquiries regarding these Terms of Service, please do not hesitate to contact us using the following information: