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, governing your access to and use of our website located at mods-pizzas.digital (the "Website"), our mobile applications, and all related services, features, and content (collectively, the "Services").

By accessing, browsing, or using our Website or Services, ordering food through our platform, creating an account, or otherwise engaging with our business, 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. If you do not agree to these Terms, you must not use our Services.

1.1 Eligibility Requirements

To use our Services, you must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and have the legal capacity to enter into binding contracts. If you are using our Services on behalf of a minor, you represent and warrant that you are the parent or legal guardian of such minor and that you have the authority to bind the minor to these Terms.

By using our Services, you represent and warrant that: (a) you are legally capable of entering into binding contracts; (b) all information you provide is accurate, current, and complete; (c) you will comply with all applicable laws and regulations; and (d) you have not been previously suspended or removed from our Services.

1.2 Account Responsibility

If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

1.3 Updates to Terms

We reserve the right to modify these Terms at any time, in our sole discretion. Any changes will be effective immediately upon posting on our Website. Your continued use of our Services following the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically to stay informed of any updates.

2. Definitions

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

• "Company," "we," "us," or "our" refers to Mod Pizza, a food service business operating in the United States, with our principal address at 828 Bantam Rd, Bantam, CT 06750, USA.
• "User," "you," or "your" refers to any individual or entity that accesses or uses our Services.
• "Services" encompasses all services provided by Mod Pizza, including but not limited to our website, mobile applications, online ordering platform, food delivery services, dine-in services, catering services, and customer support.
• "Content" includes all text, images, videos, audio files, graphics, software, data, and other materials available through our Services.
• "Website" refers to our primary website located at mods-pizzas.digital and all associated subdomains and pages.
• "Order" refers to any request for food items, beverages, or related services placed through our Services.
• "Delivery Zone" refers to the geographical areas where we provide delivery services, as determined and updated by us from time to time.

3. Use of Services

3.1 Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services solely for your personal, non-commercial purposes. This includes:

• Browsing our menu and restaurant information
• Placing orders for food and beverages
• Managing your account and order history
• Participating in loyalty programs and promotions
• Contacting customer support
• Providing feedback and reviews

You agree to use our Services only in compliance with these Terms and all applicable federal, state, and local laws and regulations. You are solely responsible for ensuring that your use of our Services does not violate any applicable laws or third-party rights.

3.2 Prohibited Use

You agree not to engage in any of the following prohibited activities:

• Illegal Activities: Using our Services for any unlawful purpose or in violation of any applicable laws or regulations.
• Harmful Behavior: Transmitting any content that is defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable.
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, or networks, or to other users' accounts.
• Intellectual Property Violations: Infringing upon our intellectual property rights or those of third parties.
• Spam and Unsolicited Communications: Sending spam, chain letters, or other unsolicited communications through our Services.
• False Information: Providing false, misleading, or inaccurate information during registration or ordering.
• System Interference: Interfering with or disrupting the operation of our Services or servers.
• Commercial Exploitation: Using our Services for commercial purposes without our prior written consent.
• Data Mining: Using automated tools to extract data from our Services without permission.
• Impersonation: Impersonating other users, our employees, or third parties.

4. User Accounts

4.1 Registration Requirements

While account registration is not required to browse our Website, you must create an account to place orders, access certain features, and participate in our loyalty programs. During registration, you must provide accurate, current, and complete information, including your name, email address, phone number, and delivery address.

4.2 Account Security Responsibility

You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username and password. You agree to choose a strong password and to keep your login information secure. You must immediately notify us of any unauthorized use of your account or any security breach.

We are not liable for any loss or damage arising from your failure to comply with these security obligations. You are responsible for all activities that occur under your account, whether or not authorized by you.

4.3 Accurate Information

You agree to provide and maintain accurate, current, and complete account information. This is particularly important for delivery addresses, contact information, and payment details to ensure successful order fulfillment. You must promptly update your account information if it changes.

4.4 One Account Per Person

Each user may maintain only one account. Creating multiple accounts to circumvent restrictions, abuse promotions, or for any other reason is prohibited and may result in account termination.

4.5 Account Termination Rights

We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms or for any other reason we deem appropriate. You may also terminate your account at any time by contacting our customer support.

5. Products and Services

5.1 Food Safety and Hygiene Standards

We are committed to maintaining the highest standards of food safety and hygiene in compliance with all applicable health regulations. Our kitchen facilities are regularly inspected, and our staff follows strict food handling protocols. However, we cannot guarantee that our food preparation areas are completely free from allergens or that cross-contamination will not occur.

5.2 Product Descriptions and Accuracy

We strive to provide accurate descriptions, images, and pricing for all menu items on our Website. However, we do not warrant that product descriptions, colors, information, or other content available through our Services is accurate, complete, reliable, current, or error-free. Menu items, ingredients, and prices are subject to change without notice based on availability and seasonal variations.

5.3 Pricing and Availability

All prices displayed on our Website are in United States Dollars and are subject to change without notice. Prices do not include applicable taxes, delivery fees, service charges, or tips, which will be calculated and displayed at checkout. We reserve the right to modify prices at any time. Menu item availability may vary by location and time of day.

5.4 Delivery Terms and Timing

We offer delivery services within designated delivery zones. Delivery times are estimates and may vary based on weather conditions, order volume, traffic, and other factors beyond our control. Standard delivery time is 30-60 minutes, but may be longer during peak hours or adverse conditions.

Delivery Zone Restrictions: Delivery is available only within our designated delivery areas. Delivery zones may change without notice. A delivery fee will be applied to all delivery orders, which will be displayed at checkout.

Minimum Order Requirements: A minimum order value may be required for delivery, which varies by location and will be displayed at checkout.

5.5 Order Acceptance and Cancellation

All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspicion of fraudulent activity. If your order is cancelled, any payment will be refunded.

Order Modification and Cancellation Policy: You may cancel or modify your order within 5 minutes of placement. After this time, orders cannot be modified or cancelled as preparation has likely begun. Cancellations after food preparation has started may be subject to charges.

5.6 Payment Terms

Payment is required at the time of order placement. We accept major credit cards, debit cards, and other payment methods as displayed on our Website. By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge the total amount of your order.

5.7 Food Quality Guarantee

We are committed to providing high-quality food and service. If you are not satisfied with your order, please contact us within 24 hours of delivery or pickup. We will work to resolve any quality issues and may offer a replacement, refund, or credit as appropriate.

5.8 Temperature-Sensitive Item Handling

We take special care in handling temperature-sensitive items to maintain food safety and quality. Hot items will be kept hot and cold items cold during preparation and delivery. However, we cannot control environmental factors during delivery that may affect food temperature.

5.9 Returns and Refunds

For detailed information about our return and refund policies, please refer to our separate Refund Policy, which is incorporated into these Terms by reference and available at our website.

6. Intellectual Property

6.1 Our Ownership

All content and materials available through our Services, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof, are owned by Mod Pizza or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks, service marks, trade names, logos, and trade dress (collectively, "Trademarks") are owned by Mod Pizza and are protected under applicable trademark laws. You may not use our Trademarks without our prior written consent.

6.2 Limited License to Users

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal, non-commercial use. This license does not include any right to resell or make commercial use of our Services or content, collect and use product listings or descriptions, make derivative use of our Services or content, download or copy account information for the benefit of another merchant, or use data mining or similar data gathering tools.

6.3 User Content License

By submitting, posting, or displaying content through our Services (including reviews, comments, photos, and feedback), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media format and through any media channels.

6.4 Copyright Infringement Reporting

We respect the intellectual property rights of others and expect our users to do the same. If you believe that content available through our Services infringes your copyright, please contact us at [email protected] with detailed information about the alleged infringement.

7. User Content

7.1 Responsibility for Your Content

You are solely responsible for any content you submit, post, or display through our Services. You represent and warrant that you own or have the necessary rights to use and authorize us to use your content as described in these Terms.

7.2 Prohibited Content

You agree not to submit, post, or display any content that:

• Is illegal, harmful, threatening, abusive, defamatory, vulgar, obscene, or otherwise objectionable
• Infringes any intellectual property rights of third parties
• Contains personal information of third parties without consent
• Contains viruses, malware, or other harmful computer code
• Promotes illegal activities or violates applicable laws
• Is spam or unsolicited commercial communication
• Impersonates any person or entity or misrepresents your affiliation

7.3 Right to Remove Content

We reserve the right, but have no obligation, to monitor, review, and remove any user content at our sole discretion, without prior notice, for any reason, including if we determine that such content violates these Terms or applicable law.

7.4 No Endorsement

We do not endorse any user content and specifically disclaim any responsibility or liability for user content. User content does not reflect our views or opinions and should not be attributed to us.

8. Disclaimers

8.1 "As Is" Service Provision

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

8.2 No Warranty of Uninterrupted Service

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH OUR SERVICES.

8.3 Third-Party Content Disclaimer

Our Services may contain links to third-party websites or content. We are not responsible for the availability, accuracy, or content of such third-party sites or resources and do not endorse any advertising, products, or services available through such sites.

8.4 Professional Advice Disclaimer

Nothing in our Services should be construed as professional medical, nutritional, or dietary advice. If you have specific dietary needs or health concerns, please consult with appropriate professionals before ordering.

9. Limitation of Liability

9.1 Maximum Liability Limits

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR SERVICES.

9.2 Excluded Damages

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SPECIFIC ORDER OR SERVICE GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

9.3 Essential Purpose Failure

THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9.4 Jurisdictional Variations

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

10. Indemnification

10.1 User Indemnification of Company

You agree to indemnify, defend, and hold harmless Mod Pizza, its officers, directors, employees, agents, and suppliers from and against any and all losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you submit or transmit through our Services
• Your negligent or wrongful conduct

10.2 Defense and Settlement 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.

10.3 Survival of Indemnification

This indemnification obligation shall survive the termination of these Terms and your use of our Services.

11. Third-Party Links and Services

11.1 No Responsibility for Third Parties

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 any third-party sites or services.

11.2 Third-Party Terms Apply

Your use of any third-party services is governed by the terms and conditions of those services. We encourage you to review the terms and privacy policies of any third-party services before using them.

11.3 No Endorsement

The inclusion of any link does not imply endorsement by us of the linked site or service. We disclaim all liability for any harm resulting from your use of third-party services.

12. Termination

12.1 Company Right to Terminate

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to your breach of these Terms, violation of applicable laws, or engaging in prohibited conduct.

12.2 User Right to Terminate

You may terminate your account at any time by contacting our customer support at [email protected] or by following the account closure process on our Website.

12.3 Effect of Termination

Upon termination, your right to use our Services will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12.4 Survival of Provisions

Sections relating to intellectual property, user content licenses, disclaimers, limitation of liability, indemnification, and general provisions shall survive any termination of these Terms.

13. Governing Law and Disputes

13.1 Applicable Law

These Terms and any action related thereto will be governed by the laws of the State of Connecticut and the United States, without regard to conflict of law provisions. Any disputes arising under these Terms shall be resolved in accordance with the laws of Connecticut.

13.2 Dispute Resolution Process

Before filing any formal legal action, you agree to first contact us at [email protected] to attempt to resolve any dispute informally. We will work in good faith to resolve any legitimate concerns.

13.3 Jurisdiction and Venue

You and Mod Pizza agree that any judicial proceeding to resolve claims relating to these Terms or our Services will be brought in the federal or state courts of Connecticut. Both parties consent to venue and personal jurisdiction in such courts.

14. Changes to Terms

14.1 Right to Modify

We reserve the right to modify these Terms at any time at our sole discretion. We may make changes to reflect changes in law, our business practices, or for other reasons we deem appropriate.

14.2 Notification of Changes

When we make material changes to these Terms, we will notify you by posting the updated Terms on our Website and updating the "Last Updated" date. For significant changes, we may also send notification via email or through our Services.

14.3 Continued Use Equals Acceptance

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

14.4 Review Responsibility

It is your responsibility to review these Terms periodically to stay informed of any changes. We recommend checking this page regularly.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Mod Pizza regarding your use of our Services and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision must be in writing and signed by us.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may freely assign these Terms without restriction.

15.5 Force Majeure

We will not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, or government regulations.

15.6 Headings for Convenience

The headings in these Terms are for convenience only and do not limit or otherwise affect the meaning of the provisions.

16. Contact Information

16.1 Company Details

If you have any questions about these Terms or need to contact us for any reason, please reach out using the following information:

16.2 Response Times

We strive to respond to all inquiries within 24-48 hours during business days. For urgent matters related to food orders or delivery, please call our phone number for immediate assistance.

Business Hours: Monday through Friday, 9:00 AM to 6:00 PM (Eastern Time). Weekend and holiday response times may be longer.

Thank you for choosing Mod Pizza. We appreciate your business and look forward to serving you!