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 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 modpizza.digital (the "Website"), as well as all related services, features, content, and functionality offered by Mod Pizza (collectively, the "Services").

By visiting our Website, creating an account, placing an order, subscribing to any promotional communications, or otherwise engaging with our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (incorporated herein by reference), and any additional guidelines, rules, or policies we may post or make available to you from time to time.

If you are accessing or using our Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and in that case, "you" and "your" will refer to that entity.

You must be at least 13 years of age to use this Website. If you are under 18 years of age, you represent that you have obtained parental or legal guardian consent to use our Services and agree to these Terms. Mod Pizza reserves the right to verify age and eligibility at any time.

2. Description of Services

Mod Pizza is a food service company operating in the United States. Through our Website and related platforms, we offer the following services:

• Online Food Ordering: Customers may browse our menu, customize their orders, and place orders for pickup or delivery through the Website or affiliated delivery platforms.
• Loyalty and Rewards Programs: We may offer points-based rewards, promotional discounts, exclusive deals, and loyalty incentives to registered users.
• Account Registration and Management: Users may create personal accounts to manage their order history, payment preferences, saved addresses, and communication preferences.
• Catering Services: We may offer catering and bulk ordering options for events, businesses, and gatherings, subject to availability and location-specific terms.
• Promotional and Marketing Communications: With your consent, we may send newsletters, special offers, product updates, and other marketing materials via email, SMS, or other channels.
• Customer Support: We provide support services via email, phone, and other designated communication channels to assist customers with inquiries, complaints, and order issues.
• Nutritional and Allergen Information: We endeavor to provide accurate nutritional and allergen information for our menu items; however, we encourage customers with severe allergies to contact us directly before placing orders.

We reserve the right to modify, suspend, discontinue, or restrict access to any part of our Services at any time, with or without notice, and without liability to you. We may also introduce new services or features, which will be subject to these Terms unless we provide separate terms for such services.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

By using our Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the security and confidentiality of your account credentials, including your username and password.
• Notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our Services.
• Use the Services only for lawful purposes and in a manner consistent with these Terms.
• Ensure that any information you provide to us does not infringe on the rights of any third party.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities while using the Website or Services:

• Using the Website or Services for any unlawful, fraudulent, or deceptive purpose, including but not limited to submitting false orders, making fraudulent payment claims, or manipulating loyalty rewards.
• Attempting to gain unauthorized access to any part of the Website, our servers, databases, computer systems, or networks connected to the Website.
• Transmitting any viruses, malware, spyware, ransomware, or other malicious or harmful code through the Website or in connection with our Services.
• Using automated scripts, bots, crawlers, scrapers, or other automated means to access, collect, or index any content from the Website without our prior written consent.
• Impersonating any person or entity, including any employee or representative of Mod Pizza, or falsely representing your affiliation with any person or organization.
• Posting, uploading, or transmitting any content that is defamatory, obscene, offensive, harassing, threatening, discriminatory, or otherwise objectionable.
• Attempting to reverse engineer, decompile, disassemble, or derive the source code of any software used in connection with the Website or Services.
• Circumventing, disabling, or otherwise interfering with security features of the Website, including features that prevent or restrict the use or copying of content.
• Using our Services to collect or harvest personal information about other users without their consent.
• Engaging in any action that imposes an unreasonable or disproportionately large load on our infrastructure or that interferes with the proper functioning of the Website.
• Reselling, sublicensing, or commercially exploiting any portion of our Services without our express written authorization.
• Violating any applicable export control laws or regulations in connection with your use of our Services.

Mod Pizza reserves the right to investigate any suspected violations of these Terms and to take appropriate legal action, including reporting to law enforcement authorities. We may suspend or terminate your access to the Services immediately and without notice if we determine, in our sole discretion, that you have engaged in any prohibited activity.

4. Account Registration and Security

To access certain features of our Services, including placing online orders and participating in loyalty programs, you may need to create a user account. When registering for an account, you agree to:

• Provide truthful, accurate, and complete registration information.
• Keep your registration information updated and accurate at all times.
• Choose a strong password and not share your account credentials with any third party.
• Accept responsibility for all activities that occur under your account, whether authorized by you or not.

We reserve the right to refuse registration, cancel accounts, or remove or edit content at our sole discretion. You may not create more than one personal account. Any attempt to create multiple accounts for the purpose of circumventing these Terms, manipulating rewards, or engaging in fraudulent activities is strictly prohibited.

5. Online Ordering and Payment Terms

5.1 Order Placement and Acceptance

When you place an order through our Website, you are making an offer to purchase the selected items at the stated prices. All orders are subject to availability and acceptance by Mod Pizza. We reserve the right to refuse or cancel any order at our discretion, including but not limited to orders that appear to be fraudulent, placed in error, or that cannot be fulfilled due to operational constraints.

You will receive an order confirmation via email or on-screen notification once your order has been accepted. This confirmation constitutes our acceptance of your offer to purchase. Please review your order confirmation carefully and contact us immediately if any information is incorrect.

5.2 Pricing and Availability

All prices displayed on the Website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes and fees. Prices and menu item availability may vary by location and are subject to change at any time without prior notice. We make every effort to ensure that pricing information is accurate; however, in the event of a pricing error, we reserve the right to cancel orders placed at the incorrect price and will notify you of any such cancellation.

5.3 Payment Processing

We accept major credit and debit cards and other 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 payment method provided.
• The payment information you provide is accurate and complete.
• You authorize us to charge the applicable amount to your payment method.

Payment processing services may be handled by third-party payment processors. We do not store your full credit card details on our servers. All payment transactions are encrypted using industry-standard SSL/TLS technology. However, we are not responsible for any errors, failures, or unauthorized transactions arising from the use of third-party payment processors.

5.4 Refunds and Cancellations

Once an order has been accepted and confirmed, it may not be possible to cancel or modify the order. If you believe there is an issue with your order, including incorrect items, quality concerns, or delivery problems, please contact our customer support team at [email protected] promptly. Refunds and credits are issued at the sole discretion of Mod Pizza and in accordance with our Refund Policy, which is incorporated herein by reference.

5.5 Promotional Codes and Discounts

From time to time, we may offer promotional codes, coupons, or discount offers. These promotions are subject to specific terms and conditions communicated at the time of the offer. Promotional codes may not be combined with other offers unless expressly stated. We reserve the right to revoke or modify any promotional offer at any time and to cancel orders that improperly apply promotional discounts.

6. Intellectual Property Rights

6.1 Ownership

The Website and all of its content, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, data compilations, software, trademarks, service marks, trade names, and other intellectual property (collectively, "Content"), are owned by or licensed to Mod Pizza 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 federal and state laws.

6.2 Limited License to Users

Subject to your compliance with these Terms, Mod Pizza grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with ordering food and using our Services. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works from any Content without our prior written consent.
• Use any data mining, robots, or similar data gathering or extraction methods on the Website.
• Use the Website or Content for any commercial purpose or for any public display.
• Remove any copyright, trademark, or other proprietary notices from any Content.

6.3 User-Submitted Content

If you submit, post, or transmit any content to us through the Website, including reviews, feedback, suggestions, photographs, or comments ("User Content"), you grant Mod Pizza a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media or format. You represent and warrant that you own or have the necessary rights to the User Content you submit and that such content does not violate these Terms or any third-party rights.

6.4 Trademark Notice

The Mod Pizza name, logo, and all related marks, designs, and slogans are trademarks or registered trademarks of Mod Pizza. You may not use, copy, reproduce, or display any of these marks without our prior written permission. All other trademarks and service marks that appear on the Website are the property of their respective owners.

7. Privacy Policy

Your privacy is important to us. Our Privacy Policy, available on the Website, explains how we collect, use, store, and share information about you in connection with your use of our Services. By using our Services, you acknowledge that you have read and understood our Privacy Policy. In compliance with applicable United States 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 Federal Trade Commission Act (15 U.S.C. § 41 et seq.), we are committed to protecting your personal information and providing you with choices about how your data is used.

8. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Mod Pizza. We provide these links as a convenience and do not endorse, recommend, or make any representations regarding such third-party websites or their content, products, or services. We have no control over the content, privacy practices, or terms of use of third-party websites and are not responsible for any loss or damage that may arise from your use of such websites. We encourage you to review the terms of use and privacy policies of any third-party websites you visit.

We may also use third-party services to facilitate our own Services, such as delivery platforms, payment processors, analytics providers, and marketing tools. Your use of such integrated third-party services may be subject to their own terms and privacy policies.

9. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT 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 THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE, INCLUDING MENU ITEMS, PRICING, NUTRITIONAL INFORMATION, AND AVAILABILITY.
• WARRANTIES THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of certain implied warranties. In such jurisdictions, the above disclaimers apply to the fullest extent permitted by law.

Food Safety Notice: While we take all reasonable precautions to ensure the quality and safety of our food products, we cannot guarantee that any menu item is free from all allergens or contaminants. Customers with known food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order. Consumption of undercooked meat, poultry, seafood, shellfish, or eggs may increase the risk of foodborne illness.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES.
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
• ANY ERRORS, MISTAKES, OR INACCURACIES IN CONTENT DISPLAYED ON THE WEBSITE.
• ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE WEBSITE BY THIRD PARTIES.
• ANY DAMAGES ARISING FROM YOUR RELIANCE ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE WEBSITE.

IN NO EVENT SHALL MOD PIZZA'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MOD PIZZA IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations of liability set forth in this Section apply regardless of the theory of liability, whether based on warranty, contract, tort (including negligence), strict liability, or otherwise, and regardless of whether Mod Pizza has been informed of the possibility of such damages. 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 to the extent prohibited by applicable law.

11. Indemnification

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

• Your violation of these Terms or any applicable laws or regulations.
• Your use of the Website or Services, including but not limited to any orders you place.
• Your User Content or any content you transmit through the Website.
• Your infringement or misappropriation of any intellectual property or other rights of any third party.
• Any claim that your use of the Services caused damage to a third party.
• Any fraudulent activity or misrepresentation in connection with your use of the Services.

Mod Pizza reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses. You agree not to settle any such matter without the prior written consent of Mod Pizza.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute arising out of or related to these Terms, the Website, or our Services shall be governed by and construed in accordance with the laws of the United States and the laws of the State of Washington, without regard to its conflict of law principles. To the extent applicable, the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of the arbitration provisions in these Terms.

Subject to the arbitration and dispute resolution provisions below, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the United States for the resolution of any disputes not subject to arbitration. You hereby waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

Nothing in these Terms shall limit Mod Pizza's right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Mod Pizza at [email protected] and provide a written description of the dispute, the relief sought, and your contact information. The parties will attempt to resolve the dispute informally within thirty (30) days of receipt of the written notice. If the dispute is not resolved within this period, either party may proceed to formal dispute resolution as set forth below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Except for disputes that qualify for small claims court, and except as otherwise stated in these Terms, you and Mod Pizza agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Website, or our Services (including the validity, enforceability, or scope of this arbitration clause) shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding on the parties. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. The arbitrator shall apply these Terms and applicable United States law. The arbitrator has the authority to award any remedy that would be available in a court of law.

13.3 Class Action Waiver

YOU AND MOD PIZZA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. Unless both you and Mod Pizza expressly agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

13.4 Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MOD PIZZA WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JURY FOR ANY CLAIM THAT PROCEEDS IN COURT RATHER THAN ARBITRATION.

13.5 Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court, and either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending the resolution of a dispute through arbitration.

14. Term and Termination

14.1 Duration

These Terms remain in full force and effect while you use the Website or Services. Certain provisions of these Terms will survive termination, including but not limited to Sections 6 (Intellectual Property), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 12 (Governing Law), and 13 (Dispute Resolution).

14.2 Termination by You

You may stop using our Services and close your account at any time by contacting us at [email protected]. Account closure does not relieve you of any obligations incurred prior to termination, including any outstanding payments.

14.3 Termination by Mod Pizza

We may suspend or terminate your access to the Website and Services, in whole or in part, at any time and for any reason, including but not limited to:

• Your breach of any provision of these Terms.
• Our discontinuation of the Services or a portion thereof.
• A legal requirement or order by a government authority.
• Conduct by you that we determine, in our sole discretion, is harmful to other users, third parties, or our business interests.

Upon termination, your right to use the Website and Services will immediately cease. We are not liable to you or any third party for any termination of your access to the Services.

15. Changes to These Terms

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

• Posting the updated Terms on the Website with a revised "Last Updated" date.
• Sending an email notification to the address associated with your account, if applicable.
• Displaying a prominent notice on the Website for a reasonable period following any material change.

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

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law by a court of competent jurisdiction or an arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, the provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect. The parties agree to replace any invalid, illegal, or unenforceable provision with a valid provision that most closely reflects the original intent of the parties.

17. Waiver

The failure of Mod Pizza to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms by Mod Pizza will be effective only if in writing and signed by an authorized representative of Mod Pizza. No waiver by Mod Pizza of any breach or default by you shall constitute a waiver of any subsequent breach or default.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies, guidelines, or rules posted on the Website and incorporated herein by reference, 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 negotiations, discussions, agreements, representations, warranties, and understandings between you and Mod Pizza with respect to the subject matter hereof, whether written or oral.

19. Force Majeure

Mod Pizza shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, strikes or labor disputes, power outages, internet or network failures, fire, war, terrorism, civil unrest, or other events of force majeure. We will make commercially reasonable efforts to resume performance as soon as practicable following any force majeure event.

20. Electronic Communications

By using our Website and Services, you consent to receive electronic communications from Mod Pizza, including emails, push notifications, and in-app messages. 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 as described in our Privacy Policy and in each communication we send, but note that opting out of transactional communications may affect your ability to use our Services.

21. Compliance with Applicable Laws

You agree to comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with your use of the Website and Services. Without limiting the foregoing, you agree to comply with:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.) regarding unfair or deceptive acts or practices in commerce.
• The Children's Online Privacy Protection Act (COPPA) (15 U.S.C. § 6501 et seq.) if applicable to your activities.
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030) regarding unauthorized access to computers and networks.
• The CAN-SPAM Act (15 U.S.C. § 7701 et seq.) if you send any commercial email communications.
• The California Consumer Privacy Act (CCPA)/California Privacy Rights Act (CPRA) if you are a California resident.
• All applicable food safety laws and regulations, including those promulgated by the U.S. Food and Drug Administration (FDA) and applicable state and local health departments.

22. Accessibility

Mod Pizza is committed to ensuring that our Website is accessible to individuals with disabilities. We endeavor to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 and applicable accessibility laws, including Section 508 of the Rehabilitation Act (29 U.S.C. § 794d) and the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101 et seq.) to the extent applicable to our digital properties. If you experience any accessibility barriers on our Website, please contact us at [email protected] so we can assist you and work to improve our accessibility.

23. Contact Information

If you have any questions, concerns, or comments about these Terms of Service or our Services, please contact us through the following channels:

We aim to respond to all inquiries within five (5) business days. For urgent matters related to food safety or order issues, please contact us as soon as possible and we will endeavor to respond promptly.