Terms of Service

Please read these Terms of Service carefully before using the website located at modpizza-delivery.rest (the "Website") or any services offered through it. By accessing or using our Website, you agree to be bound by these Terms of Service.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the website modpizza-delivery.rest (hereinafter referred to as the "Website"), placing an order, or utilizing any services provided through this Website, you (hereinafter referred to as "User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (hereinafter referred to as the "Terms"), our Privacy Policy, and any additional guidelines, policies, or rules applicable to specific features of the Website, all of which are incorporated herein by reference.

These Terms constitute a legally binding agreement between you and the operator of this Website (hereinafter referred to as "Company," "we," "us," or "our") governing your access to and use of the Website and the services offered therein. If you do not agree with any part of these Terms, you must immediately discontinue your use of the Website and all associated services.

By using this Website, you represent and warrant that:

• You are at least eighteen (18) years of age or the legal age of majority in your jurisdiction, whichever is greater;
• You have the legal capacity and authority to enter into these Terms;
• You are not prohibited from using the Website under any applicable law or regulation;
• All information you provide in connection with your use of the Website is accurate, complete, and current.

If you are using this Website on behalf of a business entity or other organization, you represent and warrant that you have the authority to bind such entity to these Terms, and references to "you" and "your" shall apply to such entity as well.

2. Description of Services

The Website modpizza-delivery.rest provides an online platform for customers to browse menu offerings, place food orders, arrange for delivery or pickup of food and beverage products, and engage with promotional content and loyalty programs associated with our food service operations (collectively, the "Services").

Specifically, our Services may include, but are not limited to:

• Online Ordering: The ability to browse our menu, customize food items, and place orders for delivery or in-store pickup through our digital interface;
• Delivery Services: Coordination of the delivery of food orders to addresses within our designated delivery zones;
• Account Management: Creation and maintenance of a user account for tracking orders, storing preferences, and managing payment information;
• Promotions and Offers: Access to special deals, discount codes, loyalty rewards, and promotional campaigns;
• Customer Support: Communication channels for resolving issues related to orders, payments, and general inquiries;
• Nutritional and Allergen Information: Provision of informational content regarding food items, including nutritional facts, allergen disclosures, and ingredient details.

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

Availability of certain menu items, delivery zones, and promotional offers may vary based on your geographic location, time of day, and other operational factors. We do not guarantee the continuous availability of any specific item, offer, or Service feature.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Services, you agree to:

• Provide accurate, truthful, and complete information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access or use of your account;
• Use the Website solely for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations;
• Comply with all instructions, guidelines, and policies communicated through the Website;
• Ensure that your use of the Website does not infringe upon the rights of any third party;
• Promptly update your account information if any details change to ensure accuracy;
• Accept responsibility for all activities conducted through your account, whether authorized by you or not.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website for any fraudulent, deceptive, or unlawful purpose;
• Impersonate any person or entity or falsely represent your affiliation with any person or entity;
• Use automated tools, bots, scrapers, crawlers, or similar technologies to access or extract data from the Website without our prior written consent;
• Attempt to gain unauthorized access to any portion of the Website, its servers, databases, or systems connected to the Website;
• Transmit any viruses, malware, or other harmful code or technology that could damage or interfere with the Website or its users;
• Engage in any activity that disrupts, overloads, or impairs the proper functioning of the Website or its infrastructure;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website for commercial purposes without our express written authorization;
• Use the Website to harass, threaten, abuse, or harm other users or any individuals;
• Post, submit, or transmit any content that is defamatory, obscene, pornographic, hateful, discriminatory, or otherwise objectionable;
• Circumvent, disable, or interfere with any security features or technological protection measures of the Website;
• Collect or harvest any personally identifiable information from the Website without authorization;
• Place fraudulent orders, abuse promotional offers, or manipulate pricing through unauthorized means;
• Violate any applicable federal, state, or local law, including but not limited to consumer protection laws enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 41 et seq.).

Violation of any of the above prohibitions may result in immediate termination of your account and access to our Services, and may subject you to civil or criminal liability under applicable law.

4. Intellectual Property Rights

All content, materials, and elements available on or through the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, data compilations, page layouts, user interface design, and the underlying code and software (collectively, the "Content"), are the exclusive property of the Company or its licensors and are protected by applicable United States and international intellectual property laws, including copyright laws under 17 U.S.C. § 101 et seq., trademark laws, patent laws, trade secret laws, and other proprietary rights.

You are granted 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 the Services. This license does not include the right to:

• Reproduce, distribute, publicly display, or publicly perform any Content;
• Modify, create derivative works from, or adapt any Content;
• Use any Content for commercial purposes without our prior written consent;
• Remove or alter any copyright, trademark, or other proprietary notices contained in the Content;
• Transfer or sublicense this limited license to any third party.

All trademarks, service marks, trade names, logos, and trade dress displayed on the Website are the registered or unregistered trademarks or service marks of the Company or their respective owners. Nothing contained in these Terms shall be construed as granting any license or right to use any trademark without the prior written permission of the trademark owner.

If you believe that any content on our Website infringes your copyright, please notify us in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, by contacting us at [email protected] with appropriate details regarding the alleged infringement.

5. Payment Terms

Certain Services offered through the Website require payment. By placing an order or otherwise making a purchase through the Website, you agree to the following payment terms:

5.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes, delivery fees, or service charges, which will be calculated and disclosed to you prior to completing your purchase.

5.2 Payment Methods

We accept payment through the methods designated on our Website, which may include major credit cards, debit cards, and other electronic payment methods. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

5.3 Authorization

When you place an order, you authorize us to charge the total amount of your order, including applicable taxes, fees, and gratuity if selected, to your designated payment method. All sales are final, and charges will be processed at the time of order placement.

5.4 Refunds and Cancellations

Refund and cancellation requests are handled on a case-by-case basis. Due to the perishable nature of food products, we are unable to guarantee refunds once an order has been prepared. If you experience an issue with your order, please contact us promptly at [email protected] and we will work to resolve the matter in a fair and reasonable manner.

5.5 Promotional Codes and Discounts

Promotional codes, discount vouchers, and loyalty rewards are subject to their own terms and conditions, including expiration dates and restrictions on use. We reserve the right to revoke or invalidate any promotional offer in cases of suspected abuse or fraudulent activity.

6. Disclaimers — As-Is Basis

THE WEBSITE AND ALL SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR MATERIALS DISPLAYED ON OR THROUGH THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS ORDERED THROUGH THE WEBSITE FOR ANY SPECIFIC PURPOSE OR DIETARY REQUIREMENT.

NUTRITIONAL, ALLERGEN, AND INGREDIENT INFORMATION PROVIDED ON THE WEBSITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND MAY NOT BE FULLY ACCURATE DUE TO VARIATIONS IN PREPARATION, INGREDIENT SUBSTITUTIONS, OR REGIONAL DIFFERENCES. INDIVIDUALS WITH FOOD ALLERGIES OR DIETARY RESTRICTIONS ARE STRONGLY ENCOURAGED TO CONTACT US DIRECTLY BEFORE PLACING AN ORDER.

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE WEBSITE OR ITS CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL;
• COST OF SUBSTITUTE GOODS OR SERVICES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY DELAYS, INTERRUPTIONS, ERRORS, OR FAILURES IN THE DELIVERY OF SERVICES;
• ANY OTHER MATTERS RELATING TO THE WEBSITE OR SERVICES.

IN JURISDICTIONS WHERE LIMITATIONS ON LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IN ANY CASE, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE WEBSITE AND SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such states, our liability is limited to the fullest extent permitted by applicable state law.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, licensors, service providers, contractors, and suppliers (collectively, the "Indemnified Parties") 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 use of or access to the Website or Services;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or contractual rights;
• Any content or information you submit, post, or transmit through the Website;
• Your fraudulent or malicious conduct in connection with the Website or Services;
• Any dispute between you and any other user of the Website or any third party;
• Your negligence or willful misconduct.

This indemnification obligation will survive the termination of your account or these Terms and your cessation of use of the Website and Services. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with our defense of such claims.

9. Governing Law and Jurisdiction

These Terms of Service, your use of the Website and Services, and any disputes arising therefrom shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which our business operations are registered, without regard to its conflict of law principles.

To the extent any dispute is not resolved through binding arbitration as described in Section 10 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 such dispute. You irrevocably waive any objection to the laying of venue of any such legal proceeding in such courts and any claim that such courts are an inconvenient forum.

Your use of the Website may also be subject to applicable federal law, including but not limited to:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices in commerce;
• The Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.);
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.);
• The Digital Millennium Copyright Act (17 U.S.C. § 512 et seq.);
• Any other applicable federal consumer protection regulations and statutes.

If you are a resident of the State of California, you may also have additional rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq., which are further described in our Privacy Policy.

10. Dispute Resolution

10.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services (collectively, a "Dispute"), you agree to first contact us at [email protected] and attempt to resolve the Dispute informally. We will make good-faith efforts to resolve any Dispute within thirty (30) days of receiving written notice of the Dispute.

10.2 Binding Arbitration

If the Dispute cannot be resolved through informal means within thirty (30) days, you and the Company agree that any unresolved Dispute shall be submitted to binding individual arbitration administered by a recognized arbitration organization under its then-current rules. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding on both parties.

The arbitration shall take place in the United States. The costs of arbitration shall be allocated in accordance with the rules of the applicable arbitration organization, except that we will pay all arbitration fees for Disputes involving claims of less than Ten Thousand United States Dollars (USD $10,000.00), unless the arbitrator determines your claim is frivolous.

10.3 Class Action Waiver

YOU AND THE COMPANY 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 ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE SHALL BE VOID.

10.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending the resolution of a Dispute. This Section shall not be construed to prohibit either party from seeking such relief.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you continue to access or use the Website or Services. Certain provisions of these Terms, by their nature, shall survive any termination or expiration of these Terms, including but not limited to Sections 4 (Intellectual Property Rights), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 9 (Governing Law), and 10 (Dispute Resolution).

11.2 Termination by User

You may terminate your agreement to these Terms at any time by discontinuing your use of the Website and, if applicable, by closing your user account. Termination does not relieve you of obligations incurred prior to the date of termination, including payment obligations for completed orders.

11.3 Termination by Company

We reserve the right, in our sole discretion and without liability to you, to suspend or terminate your account or access to all or any part of the Website and Services at any time, with or without notice, for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Conduct that we believe is harmful to other users, third parties, or our business interests;
• Fraudulent, deceptive, or illegal activity in connection with the Website or Services;
• Extended periods of account inactivity;
• Requests by law enforcement or other government agencies;
• Technical, security, or legal reasons necessitating suspension of Services.

Upon termination of your account, your right to access and use the Website and Services will immediately cease. We may, but are not obligated to, retain copies of your data as required by law or for legitimate business purposes.

12. Changes to Terms

We reserve the right to modify, amend, or update these Terms of Service at any time, in our sole discretion, without prior notice. Any changes to these Terms will become effective immediately upon posting the updated Terms on the Website with a revised "Last Updated" date at the top of this page.

Your continued use of the Website or Services following the posting of any changes to these Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the modified Terms, you must immediately discontinue your use of the Website and Services.

For material changes that significantly affect your rights or obligations under these Terms, we may, at our discretion, provide additional notice through the Website, by email to the address associated with your account, or by other reasonable means. However, we are not obligated to provide such notice, and your continued use of the Website constitutes acceptance of any and all changes regardless of whether you received notice.

13. Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. We do not endorse or make any representations about such third-party websites or services.

Your use of any third-party website or service is governed by that third party's own terms and conditions, and we strongly encourage you to review those terms before using such websites or services. We shall not be liable for any loss or damage incurred as a result of your use of any third-party website or service.

14. Privacy

Your use of the Website and Services is also subject to 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 accordance with applicable law, including the California Consumer Privacy Act (CCPA/CPRA) for California residents and other applicable United States federal and state privacy laws. Please review our Privacy Policy carefully before using our Website.

15. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if 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, war, terrorism, civil unrest, labor disputes, power outages, telecommunications failures, or any other cause beyond our reasonable control (each, a "Force Majeure Event"). In the event of a Force Majeure Event, we will make commercially reasonable efforts to resume performance of our obligations as soon as practicable.

16. Entire Agreement

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

No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver of any such right, power, or remedy. No waiver by the Company of any breach or default of these Terms shall be deemed a waiver of any subsequent breach or default.

17. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unenforceable, or contrary to public policy for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected, impaired, or invalidated by the severance of any such provision.

The parties acknowledge and agree that the Terms shall be interpreted to give maximum effect to the intent of the parties as expressed herein, and that a court or arbitrator shall modify any unenforceable provision in a manner consistent with the original intent of the parties to the greatest extent possible.

18. Assignment

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

19. Accessibility

We are committed to making our Website accessible to individuals with disabilities in accordance with applicable law, including the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience difficulty accessing any portion of our Website or require assistance, please contact us using the information provided in Section 20 below, and we will make reasonable efforts to accommodate your needs.

20. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to contact us for any other reason, please reach out to us using the following contact details:

We will make every effort to respond to your inquiry promptly and in a manner consistent with our obligations under applicable law. For urgent matters related to food safety or health concerns, please contact your local health authority or emergency services immediately.