Terms of Service

Please read these Terms of Service carefully before using our website or services. By accessing or using modpizza-fresh.rest, you agree to be bound by these Terms of Service and all applicable laws and regulations.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and the operator of modpizza-fresh.rest ("Company," "we," "us," or "our") governing your access to and use of our website located at modpizza-fresh.rest and all related services, content, features, and functionalities offered therein (collectively, the "Services").

By accessing, browsing, or using this website, placing an order, creating an account, or otherwise engaging with any of our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, including our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in their entirety, you must immediately cease using this website and our Services.

If you are using our 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 references to "you" shall apply to that entity.

These Terms apply to all visitors, users, customers, and others who access or use the Services, regardless of whether they create an account or make a purchase.

2. Description of Services

We operate an online food ordering and information platform specializing in fresh, made-to-order pizza and related food and beverage items. Our Services include, but are not limited to:

• Online Food Ordering: The ability to browse our menu, customize your pizza and other food items, and place orders for pickup or delivery where available.
• Menu Information: Detailed descriptions of our food items, ingredients, nutritional information, and allergen disclosures.
• Account Management: The ability to create and manage a personal user account, save preferences, track order history, and manage payment methods.
• Loyalty and Rewards Programs: Participation in any promotional, loyalty, or rewards programs that we may offer from time to time.
• Customer Support: Access to customer service resources to assist with orders, complaints, inquiries, and feedback.
• Promotions and Special Offers: Information about current deals, discounts, coupons, and limited-time offers.
• Catering Services: Submission of catering inquiries and orders for large events and group orders where available.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without 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.

Availability of specific menu items, delivery zones, and promotional offers may vary by location and are subject to change without prior notice. We do not guarantee the continuous availability of all Services at all times.

3. User Eligibility and Account Registration

You must be at least thirteen (13) years of age to access or use our Services. If you are under the age of eighteen (18), you represent that you have obtained parental or guardian consent to use our Services and that your parent or guardian has agreed to these Terms on your behalf.

To access certain features of our Services, including placing orders, you may be required to register for an account. When registering, you agree to:

• Provide accurate, current, and complete information as prompted by the registration form;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security of your password and account credentials, and accept responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security;
• Not share your account credentials with any third party or permit others to access your account.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including but not limited to instances where we believe that your conduct violates these Terms or is harmful to our interests, other users, employees, or third parties.

4. User Obligations and Prohibited Activities

By using our Services, you agree to use them only for lawful purposes and in accordance with these Terms. You agree not to engage in any of the following prohibited activities:

4.1 General Prohibited Conduct

• Using our Services in any manner that violates any applicable federal, state, local, or international law or regulation, including but not limited to the Federal Trade Commission Act (FTC Act), applicable consumer protection laws, and regulations governing online transactions;
• Engaging in any fraudulent activity, including submitting false orders, using fraudulent payment methods, or misrepresenting your identity;
• Harassing, threatening, intimidating, or causing harm to any of our employees, agents, or other users;
• Using our Services to transmit or distribute unsolicited commercial communications (spam);
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity;
• Collecting or harvesting any personally identifiable information from our Services without our express written consent.

4.2 Technical Prohibited Conduct

• Attempting to gain unauthorized access to any portion or feature of our Services, or any other systems or networks connected to our website;
• Using any automated means, including bots, scrapers, spiders, or similar tools, to access or collect data from our website without our express written permission;
• Introducing any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material to our website;
• Attempting to probe, scan, or test the vulnerability of our systems or networks, or to breach any security or authentication measures;
• Interfering with or disrupting the integrity or performance of our Services or any data contained therein;
• Circumventing, disabling, or otherwise interfering with security-related features of our website.

4.3 Content-Related Prohibited Conduct

• Uploading, posting, or transmitting any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable;
• Submitting false, inaccurate, or misleading reviews, ratings, or feedback;
• Using our Services to infringe upon the intellectual property rights of others;
• Reselling or commercially exploiting any portion of our Services without our express written consent.

Violation of these prohibitions may result in immediate termination of your account and access to our Services, and may subject you to civil and/or criminal liability.

5. Ordering, Pricing, and Payment Terms

5.1 Order Placement

When you place an order through our website, you are making an offer to purchase food items subject to these Terms. All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, inaccuracies in pricing or product descriptions, or suspected fraudulent activity.

You will receive an order confirmation via email once your order has been placed. This confirmation does not constitute acceptance of your order. Acceptance occurs when your order is being prepared.

5.2 Pricing

All prices displayed on our website are in United States Dollars (USD) and are subject to change without notice. Applicable taxes, delivery fees, and service charges will be added at checkout. We make every effort to ensure that prices displayed are accurate; however, we reserve the right to correct pricing errors at any time.

In the event of a pricing error, we will notify you and give you the opportunity to confirm the order at the correct price or cancel the order. We shall not be obligated to honor orders placed at incorrect prices.

5.3 Payment Methods

We accept various payment methods as indicated at checkout, including major credit and debit cards. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information is accurate and complete;
• You authorize us to charge the applicable fees to your payment method.

Payment processing is subject to the terms and conditions of our third-party payment processors. We do not store complete credit card numbers on our servers.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you experience a problem with your order — such as receiving incorrect items or items of unsatisfactory quality — please contact us immediately at [email protected]. We will evaluate each situation on a case-by-case basis and may offer a refund, replacement, or store credit at our sole discretion.

6. Intellectual Property Rights

All content, materials, and features available through our Services, including but not limited to text, graphics, logos, images, photographs, video clips, audio clips, digital downloads, data compilations, software, and the overall design and appearance of the website (collectively, "Content"), are owned by, licensed to, or controlled by us and are protected by United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

The name, logos, and all related names, logos, product and service names, designs, and slogans associated with our business are our trademarks or the trademarks of our licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

6.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our website and Services solely for your personal, non-commercial use. This license does not include:

• Any resale or commercial use of our Services or Content;
• Any collection and use of product listings, descriptions, or prices;
• Any derivative use of our Services or Content;
• Any downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

6.2 User-Generated Content

If you submit, post, or transmit any content, reviews, feedback, suggestions, or other materials through our Services ("User Content"), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and 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 right to submit such User Content and that it does not violate any third-party rights.

7. Disclaimers and "As-Is" Basis

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• Our Services will function uninterrupted, secure, or available at any particular time or location;
• Any errors or defects will be corrected;
• Our Services are free of viruses or other harmful components;
• The results of using our Services will meet your requirements;
• The information and content available through our Services is accurate, complete, reliable, current, or error-free.

7.1 Food and Allergen Disclaimer

While we make every effort to accurately describe our food items and their ingredients, we cannot guarantee that our food products will be free from all allergens. Our food is prepared in facilities that handle various allergens, including but not limited to gluten, dairy, eggs, tree nuts, peanuts, soy, and shellfish. If you have food allergies or dietary restrictions, it is your responsibility to inform us at the time of ordering and to exercise caution. We strongly recommend consulting with our staff before placing your order.

Nutritional information provided on our website is approximate and may vary based on regional differences, customizations, ingredient substitutions, and preparation methods. We shall not be liable for any health issues arising from the consumption of our food products.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by applicable law.

Nothing in these Terms shall exclude or limit our liability for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence, or any other liability that cannot be excluded or limited by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless our company, its affiliates, licensors, service providers, employees, officers, directors, agents, contractors, and successors (collectively, "Indemnified Parties") 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 our Services or your reliance on any information obtained through our Services;
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or rights of publicity;
• Any User Content you submit, post, or transmit through our Services;
• Your negligent or wrongful conduct;
• Any claim that your User Content caused damage to a third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any such matter without our prior written consent.

10. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection, use, and disclosure of your 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 described in detail in our Privacy Policy. We are committed to complying with all applicable federal and state privacy laws, including those enforced by the Federal Trade Commission (FTC).

11. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which our principal place of business is located, without regard to its conflict of law provisions.

You agree that any legal action or proceeding relating to these Terms or your access to or use of our Services that is not subject to arbitration as described below shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You irrevocably submit to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, we encourage you to first contact us directly to seek an informal resolution. You may contact us at [email protected]. We will make good-faith efforts to resolve the dispute within thirty (30) days of receiving your notice.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes relating to intellectual property rights or as otherwise excluded below, any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof ("Dispute") shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, which are incorporated herein by reference.

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. The arbitrator shall apply the same substantive law as a court would apply.

The following Disputes are not subject to arbitration and may be pursued in any court of competent jurisdiction:

• Claims involving intellectual property rights;
• Claims for injunctive or other equitable relief;
• Small claims court actions that fall within that court's jurisdiction.

12.3 Class Action Waiver

YOU AND WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial and waive any right to participate in a class action lawsuit or class-wide arbitration.

12.4 Time Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13. Term and Termination

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

• Terminate or suspend your account and access to our Services at any time, with or without cause, and with or without notice;
• Refuse service to any person or entity for any reason at any time;
• Modify, discontinue, or restrict any aspect of our Services at any time.

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

All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnity obligations, limitations of liability, dispute resolution provisions, and governing law provisions.

Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations for orders already placed.

14. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. For material changes, we may also provide additional notice such as posting a notice on our website or sending an email to the address associated with your account.

Your continued use of our Services following the posting of revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Services immediately.

We encourage you to review these Terms periodically to stay informed of any changes. It is your responsibility to check this page regularly for updates.

15. Third-Party Links and Services

Our 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, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or individuals or their websites.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Your interactions with third-party websites and services are governed solely by the terms applicable to those third parties.

Our use of third-party delivery partners, payment processors, and other service providers is subject to their respective terms and conditions. We are not responsible for the performance, actions, or omissions of such third parties.

16. Force Majeure

We shall not be liable for any failure or delay in the performance of our obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, labor disputes, internet disruptions, power failures, cyberattacks, supply chain disruptions, or other events of force majeure.

In the event of a force majeure event, we will use commercially reasonable efforts to resume normal operations as quickly as practicable and will notify you of the situation to the extent reasonably possible.

17. Electronic Communications

By using our Services or sending emails to us, you consent to receiving electronic communications from us. These communications may include notices about your account, order confirmations, promotional materials (subject to your preferences), and other information concerning or related to our Services. You agree that all agreements, notices, disclosures, and other communications we send electronically satisfy any legal requirement that such communications be in writing.

You may opt out of receiving promotional communications at any time by following the unsubscribe instructions in such communications or by contacting us at [email protected]. Opting out of promotional communications will not affect your receipt of transactional communications related to your account or orders.

18. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the validity, legality, and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby, provided that the essential economic terms of this agreement can still be given effect.

The invalid, illegal, or unenforceable provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never formed part of these Terms.

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on our website, constitute the entire agreement between you and us concerning your use of our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

No oral or written information or advice given by us or our authorized representatives shall create a warranty or in any way increase the scope of our obligations under these Terms. You may not rely on any such oral or written information or advice.

20. Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver shall be effective unless made in writing and signed by our authorized representative.

21. Assignment

You may not assign or transfer these Terms or 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 assign or transfer these Terms, in whole or in part, at any time without notice to you, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

22. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to contact us for any reason related to our Services, please reach out to us using the following contact details:

We will make reasonable efforts to respond to your inquiries in a timely manner. For urgent matters related to active orders, please contact us immediately via email.