Terms of Service

1. Introduction and Acceptance

Welcome to Mod Pizza ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website located at modspizzas.top, our mobile applications, and all related services (collectively, the "Services") operated by Mod Pizza.

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Services.

1.1 Agreement to Terms

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Services, including customers who place orders for food delivery or pickup.

1.2 Eligibility Requirements

• You must be at least 18 years of age to use our Services
• You must have the legal capacity to enter into binding agreements
• You must provide accurate and truthful information when creating an account
• You must comply with all applicable local, state, and federal laws

1.3 Account Responsibility

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

1.4 Updates to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new effective date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "We," "Us," "Our," or "Company" refers to Mod Pizza, its affiliates, subsidiaries, and related entities.
• "You," "Your," or "User" refers to any individual or entity that accesses or uses our Services.
• "Services" refers to our website, mobile applications, food delivery services, pickup services, and all related offerings.
• "Content" refers to all text, graphics, images, music, software, audio, video, information, and other materials available through our Services.
• "Website" refers to our website located at modspizzas.top and all associated pages and subdomains.
• "Order" refers to any request for food products placed through our Services.
• "Delivery Zone" refers to the geographical areas where we provide food delivery services.

3. Use of Services

3.1 Permitted Use

You may use our Services for the following purposes:

• Browsing our menu and restaurant information
• Placing orders for food delivery or pickup for personal consumption
• Creating and managing your user account
• Accessing customer support services
• Participating in loyalty programs and promotions

3.2 Prohibited Use

You are strictly prohibited from using our Services for any of the following:

• Any illegal or unauthorized purpose
• Violating any applicable laws or regulations
• Transmitting or uploading viruses, malware, or harmful code
• Attempting to gain unauthorized access to our systems
• Interfering with or disrupting the Services
• Impersonating another person or entity
• Collecting personal information about other users
• Using automated systems to access the Services (bots, scrapers, etc.)
• Reverse engineering or attempting to extract source code
• Commercial resale of food products purchased through our Services
• Placing false or fraudulent orders
• Harassing, threatening, or abusing our staff or delivery personnel

4. User Accounts

4.1 Registration Requirements

To place orders and access certain features of our Services, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your password secure and confidential
• Accept responsibility for all activities under your account

4.2 Account Security

You are responsible for safeguarding your account credentials. We recommend using strong passwords and enabling two-factor authentication when available. Notify us immediately if you suspect unauthorized access to your account.

4.3 One Account Per Person

Each person may maintain only one account. Creating multiple accounts to circumvent restrictions or abuse promotions is prohibited.

4.4 Account Termination Rights

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity. You may delete your account at any time by contacting customer support.

5. Products and Services

5.1 Menu and Product Information

We strive to provide accurate descriptions, images, and pricing for all menu items. However, we reserve the right to:

• Modify menu items, prices, and availability without notice
• Correct errors in product descriptions or pricing
• Discontinue items at any time
• Limit quantities available for purchase

5.2 Order Acceptance and Cancellation

All orders are subject to acceptance by us. We reserve the right to refuse or cancel orders for any reason, including:

• Product unavailability
• Pricing or description errors
• Suspected fraudulent activity
• Delivery area restrictions
• Inability to process payment

5.3 Minimum Order Requirements

Delivery orders may be subject to minimum order amounts, which vary by location and may change without notice. These requirements will be clearly displayed during the ordering process.

5.4 Special Dietary Requirements

While we provide allergen information and accommodate special dietary requests when possible, we cannot guarantee that our food is completely free from allergens due to cross-contamination risks in our kitchens.

6. Food Safety and Quality Standards

6.1 Food Safety Compliance

We are committed to maintaining the highest food safety standards in accordance with:

• Local health department regulations
• FDA food safety guidelines
• HACCP (Hazard Analysis Critical Control Points) principles
• Industry best practices for food handling and preparation

6.2 Allergen Information Disclaimer

6.3 Temperature-Sensitive Items

We take special care with temperature-sensitive food items:

• Hot foods are maintained at safe serving temperatures during preparation and delivery
• Cold items are kept refrigerated until pickup or delivery
• Delivery bags are insulated to maintain proper temperatures
• We recommend consuming delivered food promptly upon receipt

6.4 Food Quality Guarantee

We guarantee the quality and freshness of our food products. If you receive an order that does not meet our quality standards, please contact us within 2 hours of delivery for a resolution.

7. Delivery Terms and Conditions

7.1 Delivery Zones and Availability

Delivery service is available only within our designated delivery zones. Delivery areas and availability may change based on:

• Weather conditions
• High demand periods
• Staff availability
• Safety considerations

7.2 Delivery Times

Estimated delivery times are provided for guidance only and are not guaranteed. Actual delivery times may vary due to:

• Order volume and kitchen capacity
• Traffic and weather conditions
• Address accessibility
• Special preparation requirements

7.3 Delivery Address Requirements

You must provide:

• A complete and accurate delivery address
• Clear directions for hard-to-find locations
• A working phone number for contact
• Building access codes when applicable

7.4 Delivery Completion

Delivery is considered complete when:

• Food is handed directly to you or an authorized recipient
• Food is left at the specified location for contactless delivery
• Reasonable attempts have been made to contact you if unavailable

7.5 Failed Delivery Policy

If delivery cannot be completed due to incorrect address, unavailability, or safety concerns, you may be charged for the full order amount without receiving the food.

8. Payment Terms

8.1 Payment Methods

We accept the following payment methods:

• Major credit cards (Visa, Mastercard, American Express)
• Debit cards
• Digital wallets (Apple Pay, Google Pay)
• Gift cards and promotional credits
• Cash for pickup orders only (where available)

8.2 Payment Authorization

By providing payment information, you authorize us to charge the payment method for:

• The total order amount including food, taxes, fees, and tips
• Any additional charges that may apply (delivery fees, service charges)
• Corrections to pricing errors discovered after order placement

8.3 Pricing and Fees

All prices are subject to change without notice. Additional fees may include:

• Delivery fees
• Service charges
• Applicable taxes
• Processing fees for certain payment methods

8.4 Refunds and Cancellations

Refund eligibility is governed by our Refund Policy. Generally, orders cannot be cancelled once preparation has begun.

9. Intellectual Property

9.1 Our Intellectual Property Rights

All content on our Services, including but not limited to text, graphics, logos, images, audio clips, video, data compilations, and software, is our property or the property of our licensors and is protected by copyright, trademark, and other intellectual property laws.

9.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes. This license does not include:

• Resale or commercial use of the Services or content
• Collection and use of product listings or descriptions
• Derivative use of the Services or content
• Downloading or copying account information
• Use of data mining, robots, or similar data gathering tools

9.3 Trademark Information

Mod Pizza and our logos are registered trademarks. You may not use our trademarks without our prior written consent.

9.4 Copyright Infringement Reporting

If you believe your copyright has been infringed, please contact us at [email protected] with:

• Description of the copyrighted work
• Location of the allegedly infringing material
• Your contact information
• A statement of good faith belief that use is not authorized
• A statement of accuracy and authorization to act

10. User Content

10.1 Your Responsibility for User Content

You are solely responsible for any content you submit, post, or display through our Services, including reviews, comments, photos, and other materials ("User Content").

10.2 License Grant to Us

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works, display, and perform your User Content in connection with our Services.

10.3 Prohibited User Content

You may not submit User Content that:

• Is illegal, harmful, threatening, or harassing
• Infringes intellectual property rights
• Contains false or misleading information
• Is defamatory, obscene, or offensive
• Contains viruses or malicious code
• Violates privacy rights
• Promotes illegal activities

10.4 Content Moderation

We reserve the right to review, edit, or remove User Content without notice. We do not endorse or guarantee the accuracy of User Content.

11. Disclaimers

11.1 Service Availability

Our Services are provided "as is" and "as available." We do not warrant that:

• Services will be uninterrupted or error-free
• Results obtained will be accurate or reliable
• Quality of products or services will meet expectations
• Defects will be corrected

11.2 Third-Party Content Disclaimer

We are not responsible for third-party content, including user reviews, external websites, or linked services. Third-party content does not reflect our views or opinions.

11.3 Professional Advice Disclaimer

Information on our Services is for general purposes only and should not be considered professional nutritional, medical, or dietary advice. Consult professionals for specific dietary concerns.

12. Limitation of Liability

12.1 Maximum Liability Limit

To the fullest extent permitted by law, our total liability for any claims arising from your use of our Services shall not exceed the amount you paid for the specific order giving rise to the claim.

12.2 Excluded Damages

We shall not be liable for:

• Indirect, incidental, or consequential damages
• Lost profits or revenue
• Business interruption
• Loss of data or information
• Punitive or exemplary damages

12.3 Essential Purpose

If any limited remedy fails of its essential purpose, our liability remains limited as set forth above.

13. Indemnification

You agree to indemnify, defend, and hold harmless Mod Pizza, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your User Content
• Your violation of rights of another party
• Your violation of applicable laws

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

14. Third-Party Links and Services

Our Services may contain links to third-party websites or integrate with third-party services. We are not responsible for:

• Third-party content or services
• Privacy practices of third parties
• Terms and conditions of third-party services
• Availability or functionality of linked sites

Your interactions with third parties are solely between you and the third party. We do not endorse or make representations about third-party services.

15. Termination

15.1 Termination by Us

We may terminate or suspend your account immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Abusive behavior toward staff
• Excessive chargebacks or refund requests
• Any other reason we deem appropriate

15.2 Termination by You

You may terminate your account at any time by contacting customer support or using account deletion features where available.

15.3 Effect of Termination

Upon termination:

• Your right to use Services ceases immediately
• Outstanding orders may be completed at our discretion
• Account data may be deleted
• Accrued rights and obligations survive termination

16. Governing Law and Disputes

16.1 Applicable Law

These Terms are governed by the laws of the State of Arizona, United States, without regard to conflict of law principles.

16.2 Dispute Resolution

Before filing any legal action, you agree to attempt to resolve disputes through:

1. Direct communication with our customer service team
2. Good faith negotiation
3. Mediation if necessary

16.3 Jurisdiction and Venue

Any legal actions must be brought in the state or federal courts located in Arizona, United States. You consent to the jurisdiction of these courts.

16.4 Class Action Waiver

You agree to resolve disputes individually and waive your right to participate in class actions, collective actions, or representative proceedings.

17. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Post the updated Terms on our website
• Update the "Last Updated" date
• Provide email notification for material changes (if you've provided an email)
• Allow reasonable time before changes take effect

Your continued use of Services after changes take effect constitutes acceptance of the new Terms. If you disagree with changes, you must stop using our Services.

18. General Provisions

18.1 Entire Agreement

These Terms, along with our Privacy Policy and other referenced policies, constitute the entire agreement between you and us regarding use of our Services.

18.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

18.3 Waiver

Our failure to enforce any provision does not waive our right to enforce that provision or others in the future.

18.4 Assignment

We may assign these Terms without notice. You may not assign your rights or obligations without our written consent.

18.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, government actions, or labor disputes.

18.6 Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

19. Contact Information

For questions about these Terms of Service, please contact us: