Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at pizz-mods.top (the "Site") or any services offered in connection with our food business operations (collectively, the "Services"). These Terms constitute a legally binding agreement between you and the operator of this website ("Company," "we," "us," or "our").

1. Acceptance of Terms

By accessing or using the Site, placing an order, subscribing to any 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 of Service, including any additional guidelines, policies, or rules applicable to specific features of the Services that we may post from time to time, all of which are incorporated herein by reference.

If you do not agree with any part of these Terms, you must immediately discontinue your use of the Site and our Services. Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of those changes.

These Terms apply to all visitors, users, customers, and others who access or use the Site, regardless of whether they create an account or complete a transaction. By using the Site, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into binding agreements under applicable law. If you are using the Site on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

Our Company operates in the food and restaurant industry, providing customers with the ability to browse our menu offerings, place online food orders, schedule pickup or delivery, and engage with promotional content and loyalty programs as may be made available from time to time. The Services we offer may include, without limitation:

• Online ordering of food and beverage items for pickup or delivery;
• Access to menu information, nutritional data, and allergen disclosures;
• Customer account creation and management;
• Loyalty and rewards programs (where applicable);
• Promotional offers, coupons, and special discounts;
• Customer support and inquiry handling via email or other communication channels;
• Catering and bulk order inquiries;
• General informational content related to our food products and business.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice and without liability to you. We may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.

Our Services are intended for personal, non-commercial use only unless otherwise explicitly stated. You agree not to use the Services for any commercial purposes without our express prior written consent.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a user of our Site and 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 login credentials;
• Notify us immediately of any unauthorized use of your account or any other breach of security;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Services;
• Use the Site and Services only for lawful purposes and in a manner consistent with these Terms;
• Provide valid and current payment information when making purchases through the Site.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Site or Services for any fraudulent, unlawful, or unauthorized purpose;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Engage in any activity that interferes with or disrupts the integrity, performance, or operation of the Site or its servers and networks;
• Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means;
• Use any automated means, including bots, scrapers, spiders, or data mining tools, to collect information from the Site without our express written permission;
• Transmit any viruses, malware, or other malicious code through the Site;
• Post, upload, or share any content that is defamatory, obscene, offensive, threatening, or otherwise objectionable;
• Engage in any activity that violates the privacy, publicity, or other personal rights of third parties;
• Circumvent or attempt to circumvent any content-filtering or security measures employed by us;
• Use the Services to send unsolicited commercial communications (spam);
• Resell or commercially exploit any portion of the Services without our express written consent;
• Submit false or misleading reviews, ratings, or other feedback about our products or services;
• Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of the above prohibitions, including without limitation removing the offending content, suspending or terminating the account of such violators, and reporting such violations to law enforcement authorities as we deem necessary.

4. Intellectual Property Rights

All content available on or through the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the overall compilation and arrangement thereof (collectively, the "Content"), is the property of the Company or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

All trademarks, service marks, trade names, logos, and trade dress that appear on the Site are proprietary to us or our licensors. You are strictly prohibited from using any of our trademarks, service marks, or trade names without our express prior written consent.

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

• Reproduce, modify, adapt, translate, or create derivative works of any Content;
• Distribute, sell, lease, or transfer any Content to third parties;
• Publicly display or perform any Content;
• Reverse engineer or disassemble any portion of the Site's software;
• Remove or alter any proprietary notices, labels, or marks on the Content.

Any unauthorized use of the Content or the Site terminates the license granted herein and may violate applicable copyright, trademark, and other laws. You acknowledge that you do not acquire any ownership rights by accessing or using the Services or any Content.

If you believe that any Content on the Site infringes upon your intellectual property rights, please contact us at [email protected] with detailed information about the alleged infringement, and we will investigate the matter in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA).

5. Online Ordering and Payment Terms

5.1 Order Placement and Acceptance

When you place an order through the Site, you are submitting an offer to purchase the selected food and beverage items subject to these Terms. We reserve the right to accept or reject any order in our sole discretion. An order is not accepted until you receive a confirmation from us, which may be communicated via email or on-screen notification.

Prices for our products are subject to change at any time without prior notice. We are not responsible for typographical errors in pricing or product descriptions. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price and notify you accordingly.

5.2 Payment Processing

All payments for online orders are processed through secure third-party payment processors. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge the full amount of your order, including applicable taxes and any delivery fees, to that payment method.

We do not store your full credit card or payment account numbers on our servers. All payment data is handled by our third-party payment processors in accordance with applicable Payment Card Industry Data Security Standards (PCI DSS).

5.3 Refunds and Cancellations

Due to the perishable nature of our food products, all sales are generally final once an order has been prepared. If you experience an issue with your order — including incorrect items, quality concerns, or delivery problems — please contact us promptly at [email protected]. We will review your concern and, at our sole discretion, offer a replacement, store credit, or refund as appropriate.

Order cancellations may be accepted if requested before the order enters the preparation stage. Once preparation has begun, cancellations may not be possible, and no refund will be issued. We encourage customers to review their orders carefully before submission.

5.4 Sales Tax

Applicable federal, state, and local sales taxes will be calculated and added to your order total at checkout in accordance with the laws of the jurisdiction in which the transaction occurs. You are solely responsible for any taxes applicable to your purchases.

6. Food 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 facilities that may handle common allergens, including but not limited to wheat, dairy, eggs, nuts, soy, and shellfish. Cross-contamination is possible, and we cannot guarantee that any menu item is completely free of allergens.

Customers with known food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order to discuss their specific needs. We shall not be liable for any allergic reactions or adverse health effects resulting from consumption of our products, except to the extent required by applicable law.

7. Third-Party Links and Services

The Site 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, or practices of any third-party sites or services. We strongly advise you to read the terms and privacy policies of any third-party sites you visit.

We may also use third-party service providers to facilitate our Services, including payment processors, delivery platforms, analytics providers, and marketing services. These third parties are engaged under separate agreements and are responsible for their own compliance with applicable laws.

Our inclusion of any third-party links or services does not imply endorsement, sponsorship, or recommendation by us. We expressly disclaim any liability arising from your use of third-party websites or services.

8. Disclaimers and "As-Is" Basis

THE SITE AND ALL SERVICES, CONTENT, AND PRODUCTS OFFERED THROUGH THE SITE 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 SITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
• ANY ERRORS IN THE SITE WILL BE CORRECTED;
• THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our warranties are limited to the maximum extent permitted by applicable law.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

• YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE;
• ANY CONTENT OBTAINED FROM THE SITE;
• ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE SITE;
• ANY FOOD PRODUCTS PURCHASED THROUGH THE SITE.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify, and hold harmless the Company 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, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Site or Services, including but not limited to any data transmitted through your account;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including but not limited to any intellectual property or privacy rights;
• Any claim that your conduct caused damage to a third party;
• Any misrepresentation made by you.

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Site or 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 event you agree to cooperate with our defense of such claim.

11. Privacy Policy

Your use of the Site and Services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. By using the Site, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy. To the extent you are a resident of California, your rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) are further described in our Privacy Policy.

We are committed to protecting your personal information and handling it in compliance with applicable federal and state privacy laws, including the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive acts or practices in connection with the collection and use of consumer data.

12. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the applicable state laws where our business is registered and principally operates, without regard to any conflict of law provisions that would cause the application of the laws of any other jurisdiction.

Any legal action, suit, or proceeding arising out of or related to these Terms or the Services that is not subject to mandatory arbitration as described below shall be instituted exclusively in the federal or state courts of competent jurisdiction located in the United States. You and the Company each consent to the personal jurisdiction of such courts and waive any objection to venue or personal jurisdiction.

You acknowledge that our Services are operated from the United States, and that the laws of the United States, including the Federal Trade Commission Act, govern the consumer protection aspects of our relationship. Nothing in these Terms shall limit any rights you may have under applicable mandatory local consumer protection laws.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us and attempt to resolve any dispute informally. Please send a written description of your dispute to [email protected]. We will attempt to resolve the dispute informally within thirty (30) days of receipt of your notice. If we are unable to resolve the dispute informally within that period, either party may proceed to formal dispute resolution.

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 claims that qualify for small claims court, any and all disputes, claims, or controversies arising out of or relating to these Terms, the Site, or the Services — including disputes regarding the existence, validity, interpretation, performance, breach, or termination of these Terms — shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect.

The arbitration shall be conducted in the English language. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The parties agree that the arbitration shall be conducted on an individual basis only and that the parties waive the right to participate in any class, collective, or representative action or proceeding.

13.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH 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 OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

13.4 Exception for Injunctive Relief

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights pending the resolution of the dispute through arbitration.

14. Term and Termination

These Terms shall remain in full force and effect while you use the Site or Services. We reserve the right, in our sole discretion, to:

• Suspend or terminate your account and access to the Services at any time and for any reason, including but not limited to violation of these Terms;
• Refuse service to any person or entity at any time;
• Discontinue the Site or any portion thereof with or without notice.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Site and Services will immediately cease.

Upon termination of your account or these Terms for any reason, all provisions of these Terms that by their nature should survive termination shall survive, including without limitation: intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability. Termination of your account does not relieve you of any obligation to pay any outstanding fees or fulfill any pending orders.

15. Changes to Terms of Service

We reserve the right to modify, update, or replace any part of these Terms of Service at our sole discretion at any time. When we make changes, we will update the "Last Updated" date at the top of this page. We may also, at our discretion, provide notice of material changes through the Site or via email if you have provided us with your email address.

It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Site or Services following the posting of any changes to these Terms constitutes your acceptance of those changes. If you do not agree with the revised Terms, you must discontinue your use of the Site and Services immediately.

We will not make retroactive changes to these Terms that materially reduce your rights without your explicit consent, except to the extent required by applicable law. Changes to these Terms do not affect rights and obligations that arose before the effective date of the revised Terms.

16. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be eliminated from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, which shall remain in full force and effect.

The parties agree that such invalid, illegal, or unenforceable provision shall be replaced with a valid, enforceable provision that most closely reflects the original intent of the parties and achieves the same economic effect as the original provision to the greatest extent possible under applicable law.

17. Waiver

The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Company. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default, and shall not affect the other terms of these Terms.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or guidelines posted by us on the Site, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral, between you and the Company regarding such subject matter.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. The section headings used in these Terms are for convenience only and have no legal or contractual effect.

19. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms arising out of or caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental restrictions, war, terrorism, labor disputes, power outages, internet or telecommunications failures, or supply chain disruptions. In such cases, our obligations shall be suspended for the duration of the event, and we will make reasonable efforts to resume normal operations as soon as practicable.

20. Electronic Communications

By using the Site or sending us emails, you agree to receive electronic communications from us. 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 further agree that any notices provided by electronic mail or through the Site satisfy any legal requirement that such notices be in writing, to the fullest extent permitted by applicable law.

21. Compliance with Laws

You represent and warrant that your use of the Site and Services complies with all applicable laws and regulations, including but not limited to United States federal law, state law, and any applicable local ordinances. You are solely responsible for ensuring that your use of the Services is lawful in your jurisdiction.

Our Services are intended for use within the United States. We make no representation that the Site or Services are appropriate or available in locations outside of the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

22. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact us for any reason related to your use of the Site or Services, please reach out to us using the contact information below:

We will make reasonable efforts to respond to all inquiries in a timely manner. When contacting us regarding a legal matter or dispute, please include "Legal Notice" in the subject line of your communication to ensure proper routing and prompt handling.