Terms of Service

Effective Date: May 28, 2026  |  Last Updated: May 28, 2026

1. Acceptance of Terms

Welcome to Mod Pizza Cafe. These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and the owner and operator of modpizza-cafe.rest ("Company," "we," "us," or "our"). By visiting, accessing, browsing, or using this website in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

Your use of this website constitutes your express acceptance of these Terms. If you are using this website 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 the term "you" shall refer to that entity. If you do not have such authority or do not agree with these Terms, you must not access or use this website.

These Terms apply to all visitors, users, and others who access or use the website and related services, including but not limited to online ordering, menu browsing, promotional offers, loyalty programs, and any other features or content made available through modpizza-cafe.rest.

We reserve the right to update, modify, or replace any part of these Terms at any time. Notice of material changes will be provided through the website or via email. Your continued use of the website following any changes constitutes acceptance of those changes.

2. Description of Services

Mod Pizza Cafe operates as a food service business providing customers with access to a variety of pizza and related food products, beverages, and dining experiences. Through our website at modpizza-cafe.rest, we offer the following services:

• Online Menu Access: Browse our current menu offerings, including pizzas, appetizers, beverages, desserts, and seasonal specials.
• Online Ordering: Place orders for pickup or delivery directly through our website or through affiliated third-party platforms.
• Catering Services: Request catering services for events, corporate functions, and private gatherings.
• Promotional Offers and Coupons: Access current deals, discounts, and promotional offers available to our customers.
• Loyalty and Rewards Program: Participate in our customer loyalty program to earn and redeem rewards on eligible purchases.
• Account Management: Create and manage a personal user account to save preferences, track order history, and manage payment methods.
• Customer Support: Contact our team for assistance with orders, feedback, complaints, and general inquiries.
• Nutritional Information: Access nutritional data, allergen information, and ingredient details for menu items.

We reserve the right to modify, suspend, discontinue, or restrict access to any portion of our services at any time without prior notice or liability. We may also impose limits on certain features or restrict access to parts of the website at our sole discretion. Menu items, prices, and availability are subject to change without notice and may vary by location.

3. Eligibility and User Obligations

3.1 Eligibility

By using this website, you represent and warrant that:

• You are at least 13 years of age. Users under the age of 18 must have parental or guardian consent to use our services, particularly to make purchases or create accounts.
• You are a legal resident or are physically located within the United States at the time of use.
• You have the legal capacity to enter into a binding contract under applicable United States law.
• You are not barred from using our services under any applicable law, regulation, or court order.

3.2 Account Registration

Some features of our website may require you to create a user account. When registering, you agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate and current.
• Keep your password secure and confidential, and not share your login credentials with any third party.
• Accept responsibility for all activities that occur under your account, whether or not authorized by you.
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account.

3.3 User Conduct and Obligations

As a user of this website, you agree to use it only for lawful purposes and in compliance with all applicable local, state, and federal laws. You further agree to conduct yourself in a respectful and responsible manner. You shall not:

• Use the website for any purpose that is unlawful, fraudulent, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
• Attempt to gain unauthorized access to any portion of the website, server infrastructure, or any connected systems.
• Engage in any activity that interferes with or disrupts the operation of the website, including transmitting viruses, malware, or any other malicious code.
• Use automated tools, bots, scrapers, or similar technologies to access, collect, or index any content from the website without our express written permission.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Post or transmit any unsolicited commercial communications (spam) through our website or contact forms.
• Collect or harvest personal information of other users without their consent.
• Use the website to place fraudulent orders, abuse promotional offers, or engage in chargebacks without legitimate cause.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the website or its content for commercial purposes without our express written consent.
• Circumvent, disable, or interfere with security features of the website, including features that prevent or restrict copying of content.
• Submit false, misleading, or defamatory reviews or ratings of our products or services.

4. Online Ordering and Payment Terms

4.1 Order Placement

When you place an order through our website, you are making an offer to purchase the selected items at the listed prices. Orders are subject to acceptance by us and are not confirmed until you receive an order confirmation via email or on-screen notification. We reserve the right to refuse or cancel any order at our sole discretion, including orders that appear fraudulent, contain errors, or exceed available inventory.

4.2 Pricing and Availability

All prices displayed on our website are in United States Dollars (USD) and are subject to applicable state and local sales tax. Prices are subject to change without prior notice. Menu items are available while supplies last and may be discontinued or modified at any time. In the event of a pricing error on our website, we reserve the right to cancel orders placed at the incorrect price and notify you accordingly.

4.3 Payment Processing

We accept major credit cards, debit cards, and other payment methods as indicated at checkout. By submitting payment information, you represent that:

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

Payment transactions are processed through secure third-party payment processors. We do not store complete credit card information on our servers. All payment data is handled in accordance with applicable Payment Card Industry Data Security Standards (PCI-DSS).

4.4 Refunds and Cancellations

Our refund and cancellation policies are as follows:

• Orders may be cancelled within a limited window after placement, as specified at the time of ordering.
• Refunds for incorrect, missing, or unsatisfactory items will be evaluated on a case-by-case basis.
• Refund requests must be submitted within 24 hours of the original order delivery or pickup time.
• Refunds, if approved, will be processed to the original payment method within 5-10 business days.
• We reserve the right to deny refund requests that do not meet our eligibility criteria.

4.5 Promotional Codes and Discounts

Promotional codes and discounts are subject to specific terms and conditions, including expiration dates, minimum purchase requirements, and restrictions on combinability. We reserve the right to revoke or modify promotions at any time. Misuse or unauthorized distribution of promotional codes may result in account termination.

5. Intellectual Property Rights

All content on this website, including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, data compilations, software, and the overall design and layout of the website (collectively, "Content"), is the exclusive property of Mod Pizza Cafe or its content suppliers and is protected under applicable United States copyright, trademark, trade dress, and other intellectual property laws.

The Mod Pizza Cafe name, logo, slogans, and all related product and service names, design marks, and trade dress are trademarks or registered trademarks of the Company. You may not use these marks without our prior written consent. Nothing in these Terms grants you any license or right to use our trademarks.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the website and its Content solely for your personal, non-commercial use in connection with ordering food and accessing information about our services. This license does not include:

• Any resale or commercial use of the website or its Content.
• Any collection and use of product listings, descriptions, or prices.
• Any derivative use of the website 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.

If you believe that content on our website infringes your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

6. User-Generated Content

If you submit reviews, feedback, comments, photos, or other content to our website or affiliated platforms ("User Content"), you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our business and marketing activities.

You represent and warrant that you own or have the necessary rights to submit the User Content and that it does not violate any third-party rights or applicable laws. We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

7. Third-Party Links and Services

Our website may contain links to third-party websites, platforms, or services, including food delivery partners, payment processors, and social media platforms. These links are provided for your convenience only. We do not control, endorse, or assume any responsibility for the content, privacy policies, or practices of third-party websites or services. We encourage you to review the terms and privacy policies of any third-party sites you visit.

Your interactions with third-party services, including any transactions or disputes, are solely between you and the applicable third party. We shall not be liable for any losses or damages arising from your use of third-party services.

8. Food Safety, Allergen, and Nutritional Disclaimers

We make every reasonable effort to provide accurate and up-to-date information regarding the ingredients, nutritional content, and potential allergens in our menu items. However, we cannot guarantee that all information is completely accurate or current at all times, as recipes and formulations may change.

The nutritional information provided is based on standard recipes and portion sizes and may vary based on preparation methods, ingredient substitutions, and regional differences. This information is intended as a general guide only and should not be relied upon as dietary or medical advice. Consult a qualified healthcare professional for personalized dietary guidance.

9. Disclaimers and Website Availability

9.1 As-Is Basis

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, 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 website will be available, uninterrupted, timely, secure, or error-free at all times.
• The results obtained from the use of the website will be accurate or reliable.
• Any errors or defects in the website will be corrected.
• The website or the servers that make it available are free of viruses or other harmful components.

9.2 Food Quality

While we strive to maintain the highest standards of food quality and safety, we cannot guarantee that all food products will meet every customer's individual tastes, preferences, or dietary requirements. Product descriptions and photographs on the website are for illustrative purposes only and may not exactly represent the actual product served.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE LAWS OF THE STATE IN WHICH OUR BUSINESS OPERATES, IN NO EVENT SHALL MOD PIZZA CAFE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, goodwill, or other intangible losses.
• Personal injury or property damage of any nature resulting from your access to or use of our website.
• Any unauthorized access to or alteration of your transmissions or data.
• Any conduct or content of any third party on the website.
• Any interruption or cessation of transmission to or from the website.
• Bugs, viruses, or other harmful code that may be transmitted through the website.

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law. Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud, or any other matter that cannot be lawfully excluded.

11. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza Cafe, its officers, directors, employees, agents, contractors, licensors, service providers, and successors 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 or misuse of the website or its services.
• Your violation of any applicable federal, state, or local law or regulation.
• Your violation of any third-party rights, including but not limited to intellectual property rights and privacy rights.
• Any User Content you submit, post, or transmit through the website.
• Any fraudulent, negligent, or harmful conduct in connection with your use of our services.

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 shall not settle any claim without our prior written consent.

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 of the state in which Mod Pizza Cafe operates, without regard to its conflict of law provisions. The Federal Arbitration Act governs the interpretation and enforcement of the dispute resolution provisions below.

These Terms are subject to compliance with applicable federal law, including but not limited to:

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including the right to know, delete, and opt-out of the sale of personal information. Please review our Privacy Policy for more information.

For any disputes not subject to binding arbitration, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located within the United States and waive any objection to such jurisdiction or venue.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute informally by contacting us at [email protected] with a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute within thirty (30) days of receipt. If we are unable to resolve the dispute informally within that period, either party may pursue the formal dispute resolution procedures below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS BETWEEN YOU AND US ARE RESOLVED.

Except for claims for injunctive or other equitable relief, or claims related to intellectual property rights, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. 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. Each party shall bear its own arbitration fees and costs, except where the AAA rules require otherwise or the arbitrator determines that fees should be allocated differently.

13.3 Class Action Waiver

YOU AND MOD PIZZA CAFE 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. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the conclusion of arbitration. You may also assert claims in small claims court if your claims qualify.

14. Term and Termination

These Terms of Service are effective as of the date you first access the website and shall remain in full force and effect while you use the website or maintain an account with us.

We reserve the right, in our sole discretion, to suspend or terminate your account or access to all or any part of the website at any time and for any reason, including but not limited to:

• Violation of these Terms of Service or any applicable law.
• Fraudulent, abusive, or harmful behavior.
• Requests by law enforcement or other government agencies.
• Extended periods of inactivity.
• Discontinuation of the website or services.

You may terminate your account at any time by contacting us at [email protected]. Upon termination, your right to use the website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability.

15. Changes to Terms of Service

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page.
• Post a prominent notice on the website.
• Send an email notification to registered users where required by applicable law.

Changes will become effective immediately upon posting to the website unless otherwise indicated. Your continued use of the website after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the revised Terms, you must stop using the website and close your account.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of the Terms will always be available at modpizza-cafe.rest.

16. Severability

If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.

The parties agree that the invalidity of any particular provision shall not be used to render the entire agreement unenforceable, and the remaining provisions shall be construed and enforced as if the invalid provision had never been included.

17. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published on our website, constitute the entire agreement between you and Mod Pizza Cafe with respect to your use of the website and supersede all prior or contemporaneous communications, agreements, or understandings, whether oral or written.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver by us of any breach or default shall be deemed a waiver of any subsequent breach or default. Any waiver must be made in writing and signed by an authorized representative of Mod Pizza Cafe to be effective.

18. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms that results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, labor disputes, power outages, internet service disruptions, supply chain failures, or any other event constituting force majeure. In such circumstances, we will use commercially reasonable efforts to resume normal operations as soon as practicable.

19. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer these Terms, in whole or in part, to any affiliate, successor, or acquirer without restriction and without notice to you. Any purported assignment by you in violation of this provision shall be null and void.

20. Accessibility

We are committed to ensuring that our website is accessible to individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and applicable web accessibility standards (WCAG 2.1). If you experience any difficulty accessing our website or require assistance, please contact us at [email protected], and we will make reasonable accommodations to assist you.

21. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service or any aspect of our website and services, please contact us using the information below:

We will make every effort to respond to your inquiry within two (2) to five (5) business days. For urgent matters related to food safety or personal injury, please contact your local emergency services or the appropriate regulatory authority.

These Terms of Service were last updated on May 28, 2026, and are effective as of that date. Thank you for choosing Mod Pizza Cafe. We appreciate your business and look forward to serving you.