Terms of Service

1. Introduction and Acceptance

Welcome to Mod Pizza ("we," "us," "our," or "Company"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Mod Pizza regarding your use of our website located at pizza-mods.rest (the "Website") and all related services, features, and content provided by us (collectively, the "Services").

By accessing, browsing, or using our Website or Services, ordering food from us, creating an account, or otherwise engaging with our business in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

Eligibility Requirements: To use our Services, you must be at least 18 years of age and have the legal capacity to enter into binding agreements in your jurisdiction. If you are under 18, you may only use our Services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.

Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

Updates to Terms: We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our Website. Your continued use of our Services after any modifications constitutes acceptance of the updated Terms.

2. Definitions

For purposes of these Terms, the following definitions apply:

• "Company," "we," "us," "our" refers to Mod Pizza, a food service business located at 265 Elizabeth St, New York, NY 10012, USA.
• "You," "your," "User" refers to any individual or entity accessing or using our Services.
• "Services" includes our Website, food ordering and delivery services, dine-in services, catering, franchise opportunities, and any other services we provide.
• "Content" means all text, graphics, images, music, software, audio, video, works of authorship, applications, and other materials appearing on or emanating from our Services.
• "Website" refers to our website located at pizza-mods.rest and all associated subdomains and pages.
• "Order" means any request for food, beverages, or other products made through our Services.
• "Delivery Zone" refers to the geographic areas where we provide delivery services.

3. Use of Services

4. User Accounts

Registration Requirements: To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to maintain its accuracy.

Account Security: You are solely responsible for maintaining the confidentiality of your account password and for all activities under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

One Account Per Person: Each person may maintain only one active account. Creating multiple accounts may result in termination of all accounts.

Account Termination: We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or other conduct that we determine to be harmful to our business or other users.

5. Products and Services

Product Descriptions: We strive to provide accurate descriptions of our food items, ingredients, and services. However, we do not warrant that product descriptions are accurate, complete, reliable, or error-free.

Food Safety and Allergen Information: We maintain high food safety and hygiene standards in accordance with local health regulations. However, allergen information is provided for guidance only. If you have food allergies or dietary restrictions, please inform our staff and consult with a medical professional before ordering.

Pricing and Availability: Prices are subject to change without notice. Product availability may vary by location and time. We reserve the right to discontinue any product at any time.

Order Acceptance and Cancellation: Your order represents an offer to purchase our products, which we may accept or decline at our discretion. We reserve the right to cancel orders for any reason, including but not limited to product unavailability, pricing errors, or suspected fraudulent activity. Order modifications may be possible if requested promptly after placement, subject to our discretion and operational constraints.

Minimum Order Requirements: Delivery orders may be subject to minimum order requirements that vary by location and delivery zone. Current minimum order amounts are displayed during the checkout process.

Delivery Terms: Delivery is available within designated delivery zones during specified hours. Delivery times are estimates and may vary due to weather, traffic, order volume, or other factors beyond our control. We are not liable for delays in delivery.

Temperature-Sensitive Items: Hot food items are prepared and packaged to maintain temperature during transport. However, we cannot guarantee food temperature upon delivery due to variables in transit time and environmental conditions.

Payment Terms: Payment is required at the time of order placement. We accept various payment methods as indicated on our Website. You authorize us to charge your chosen payment method for all orders placed.

Food Quality Guarantee: We stand behind the quality of our food. If you are unsatisfied with your order due to quality issues, please contact us within 24 hours of delivery or pickup for resolution, which may include replacement or refund at our discretion.

Returns and Refunds: Due to the perishable nature of food products, returns are generally not accepted except in cases of quality issues or delivery errors. For detailed refund information, please see our Refund Policy.

6. Intellectual Property

Our Ownership: All content on our Website and Services, including but not limited to text, graphics, logos, images, recipes, software, and the compilation thereof, is the property of Mod Pizza or our licensors and is protected by copyright, trademark, and other intellectual property laws.

Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our Services for their intended purposes. This license does not include the right to reproduce, distribute, modify, or create derivative works from our content.

User Content License: By submitting content to our Services (such as reviews, photos, or comments), you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with our business.

Copyright Infringement: We respect intellectual property rights and expect our users to do the same. If you believe that content on our Services infringes your copyright, please contact us at [email protected] with details of the alleged infringement.

7. User Content

Your Responsibility: You are solely responsible for any content you submit, post, or transmit through our Services. You represent and warrant that you have all necessary rights to such content and that it does not violate these Terms or any applicable laws.

License Grant: By submitting content, you grant us the right to use, display, reproduce, modify, and distribute your content in connection with our Services and marketing efforts.

Prohibited Content: You may not submit content that is illegal, defamatory, obscene, threatening, harassing, discriminatory, or violates the privacy or publicity rights of others.

Content Removal: We reserve the right to remove any user content that violates these Terms or that we deem inappropriate, without notice to you.

No Endorsement: We do not endorse any user content and are not responsible for the accuracy, reliability, or legality of user-submitted content.

8. Disclaimers

As-Is Service: 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 warranties of merchantability, fitness for a particular purpose, or non-infringement.

No Warranty of Uninterrupted Service: We do not warrant that our Services will be uninterrupted, error-free, or completely secure. We may experience downtime, technical issues, or service interruptions.

Third-Party Content: Our Services may include links to third-party websites or content. We are not responsible for the accuracy, reliability, or content of such third-party materials.

Professional Advice: Information provided through our Services is for general informational purposes only and should not be considered professional medical, nutritional, or legal advice.

9. Limitation of Liability

Maximum Liability: To the fullest extent permitted by law, our total liability to you for any claims arising from or related to these Terms or our Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater.

Excluded Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, regardless of whether we have been advised of the possibility of such damages.

Essential Purpose: The limitations set forth in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

Jurisdictional Variations: Some jurisdictions do not allow the limitation of certain damages, so these limitations may not apply to you.

10. Indemnification

User Indemnification: You agree to defend, indemnify, and hold harmless Mod Pizza, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Content you submit or post through our Services
• Any fraudulent or illegal activities

Defense Rights: We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

Survival: This indemnification obligation will survive termination of these Terms and your use of our Services.

11. Third-Party Links and Services

Third-Party Links: Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of such third parties.

Third-Party Terms: Your interactions with third-party services are governed by their respective terms of service and privacy policies. We encourage you to review these documents before engaging with third-party services.

No Endorsement: The inclusion of links to third-party services does not constitute an endorsement or recommendation by us.

12. Termination

Company Termination Rights: We may suspend or terminate your access to our Services immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to our business, other users, or third parties.

User Termination Rights: You may discontinue use of our Services at any time. If you have an account, you may delete it through your account settings or by contacting us.

Effect of Termination: Upon termination, your right to use our Services ceases immediately. We may delete your account and associated data, subject to our Privacy Policy and applicable law.

Survival: Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law will survive termination of these Terms.

13. Governing Law and Disputes

Applicable Law: These Terms and your use of our Services are governed by the laws of New York, United States, without regard to conflict of law principles.

Dispute Resolution: We encourage you to contact us first to resolve any disputes informally. If informal resolution is unsuccessful, any disputes will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

Class Action Waiver: You agree that any disputes will be resolved individually and not as part of a class action, collective action, or representative proceeding.

Jurisdiction and Venue: For any disputes not subject to arbitration, you agree to the exclusive jurisdiction and venue of the courts located in New York, New York.

14. Changes to Terms

Right to Modify: We reserve the right to modify these Terms at any time to reflect changes in our Services, legal requirements, or business practices.

Notification: We will notify you of material changes by posting the updated Terms on our Website and updating the "Last Updated" date. For significant changes, we may provide additional notice through email or prominent website notices.

Acceptance: Your continued use of our Services after the effective date of any changes constitutes acceptance of the updated Terms.

Review Responsibility: It is your responsibility to review these Terms periodically for changes.

15. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and us concerning our Services.

Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any provision of these Terms will not constitute a waiver of our right to enforce such provision in the future.

Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms at any time without restriction.

Force Majeure: We shall not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, or government regulations.

Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

16. Contact Information