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 mods-pizzas.rest (the "Website"), mobile applications, and all related services (collectively, the "Services").

By accessing, browsing, or using our Website or Services in any manner, including but not limited to placing orders, creating accounts, or viewing content, 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.

1.1 Eligibility Requirements

• You must be at least 18 years of age or have reached the age of majority in your jurisdiction
• You must have the legal capacity to enter into binding contracts
• You must be authorized to use the payment method you provide
• You must comply with all applicable local, state, and federal laws

1.2 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 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. Changes will be effective immediately upon posting to the Website. Your continued use of our Services after any modifications constitutes your acceptance of the updated Terms.

2. Definitions

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

• "Company," "we," "us," "our" refers to Mod Pizza and its affiliates, subsidiaries, officers, directors, employees, and agents.
• "User," "you," "your" refers to any individual or entity that accesses or uses our Website or Services.
• "Services" refers to all services provided by Mod Pizza, including but not limited to food preparation, delivery, pickup, catering, and online ordering.
• "Content" refers to all text, images, videos, audio, code, and other materials available on our Website.
• "Website" refers to mods-pizzas.rest and all associated domains, subdomains, and mobile applications.
• "Order" refers to any request for products or services submitted through our Website or other ordering channels.
• "Products" refers to all food items, beverages, and merchandise offered by Mod Pizza.

3. Use of Services

3.1 Permitted Use

You may use our Services for the following purposes:

• Personal, non-commercial use in accordance with these Terms
• Browsing our menu and placing legitimate food orders
• Creating and maintaining a user account
• Accessing promotional content and offers
• Providing feedback and reviews in a constructive manner
• Compliance with all applicable laws and regulations

3.2 Prohibited Use

You agree not to use our Services for any of the following prohibited activities:

• Any illegal activities or violation of applicable laws
• Harassment, abuse, or harm to other users or our employees
• Unauthorized access attempts to our systems or networks
• Intellectual property violations or copyright infringement
• Sending spam, unsolicited communications, or commercial messages
• Providing false, misleading, or inaccurate information
• Interfering with the proper functioning of our Website or Services
• Creating multiple accounts to circumvent restrictions
• Reverse engineering, decompiling, or attempting to extract source code
• Using automated tools, bots, or scrapers without permission
• Engaging in fraudulent activities or payment disputes
• Violating food safety protocols during pickup or delivery

4. User Accounts

4.1 Registration Requirements

To access certain features of our Services, you must create a user account. During registration, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Choose a secure password and keep it confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

4.2 Account Security

You are solely responsible for maintaining the security of your account credentials. Mod Pizza will not be liable for any loss or damage resulting from unauthorized account access due to your failure to maintain security.

4.3 One Account Per Person

Each person may maintain only one active account. Creating multiple accounts to circumvent restrictions, abuse promotions, or engage in fraudulent activity is strictly prohibited.

4.4 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, suspicious activity, or any other reason we deem appropriate. You may also delete your account at any time by contacting customer service.

5. Products and Services

5.1 Food Safety and Quality Standards

• All food items are prepared in accordance with HACCP (Hazard Analysis Critical Control Points) principles
• We maintain proper food storage temperatures and handling procedures
• Our facilities undergo regular health inspections and maintain current certifications
• Staff receives ongoing food safety training and certification

5.2 Allergen Information and Disclaimers

IMPORTANT ALLERGEN NOTICE: Our kitchen handles common allergens including wheat, dairy, eggs, soy, tree nuts, and peanuts. While we take precautions to prevent cross-contamination, we cannot guarantee that any product is completely free from allergens.

• Customers with food allergies should inform staff of their allergies before ordering
• We provide allergen information to the best of our ability but cannot guarantee accuracy
• Customers with severe allergies should exercise caution and consider the risk
• We are not liable for allergic reactions resulting from undisclosed allergens or cross-contamination

5.3 Delivery Terms and Timing

• Delivery Zones: Delivery is available only within our designated service areas
• Delivery Times: Estimated delivery times are approximate and may vary due to weather, traffic, or order volume
• Minimum Orders: Minimum order requirements may apply for delivery service
• Delivery Fees: Delivery charges and service fees will be clearly displayed before order completion
• Temperature Control: We use insulated bags to maintain food temperature during transport
• Contact Requirements: Valid phone number required for delivery coordination

5.4 Order Cancellation and Modification Policy

• Orders may be cancelled or modified within 5 minutes of placement
• Once food preparation begins, cancellations may not be possible
• Refunds for cancelled orders will be processed according to our refund policy
• We reserve the right to cancel orders due to ingredient unavailability or other circumstances

5.5 Product Descriptions and Pricing

We strive for accuracy in product descriptions and pricing but do not warrant that all information is error-free. Prices are subject to change without notice. In case of pricing errors, we reserve the right to cancel orders or offer corrections.

5.6 Returns and Refunds

Food quality issues should be reported within 24 hours of delivery or pickup. Please refer to our Refund Policy for detailed information about our return and refund procedures.

6. Intellectual Property

6.1 Our Ownership Rights

All content on our Website, including but not limited to text, images, logos, trademarks, recipes, graphics, videos, audio, software code, and design elements, is the exclusive property of Mod Pizza or our licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to access and use our Website solely for personal, non-commercial purposes in accordance with these Terms. This license does not include any right to:

• Reproduce, distribute, or publicly display our content
• Create derivative works based on our content
• Use our trademarks or logos without permission
• Reverse engineer any software or proprietary systems

6.3 User Content License

By submitting content to our Website (including reviews, photos, or feedback), you grant Mod Pizza a worldwide, royalty-free, perpetual, irrevocable license to use, modify, reproduce, and display such content for business purposes.

6.4 Copyright Infringement Reporting

If you believe your copyright has been infringed, please contact us at [email protected] with detailed information about the alleged infringement.

7. User Content

7.1 Content Responsibility

You are solely responsible for any content you submit, post, or transmit through our Services. This includes reviews, photos, comments, and any other user-generated content.

7.2 License Grant to Company

By submitting content, you grant Mod Pizza the right to use, edit, modify, reproduce, distribute, and display such content in connection with our business operations, including marketing and promotional activities.

7.3 Prohibited Content

You agree not to submit content that is:

• Illegal, harmful, threatening, abusive, or harassing
• Defamatory, vulgar, obscene, or invasive of privacy
• Discriminatory or hateful toward any individual or group
• Infringing on intellectual property rights
• Containing viruses or malicious code
• False, misleading, or deceptive
• Spam or commercial solicitations

7.4 Content Removal Rights

We reserve the right to remove, edit, or refuse any user content without notice. We do not endorse user content and are not responsible for its accuracy or reliability.

8. Disclaimers

8.1 Service Availability

Our Services are provided on an "as is" and "as available" basis. We do not warrant that our Services will be uninterrupted, error-free, or completely secure.

8.2 Food Quality and Safety

While we maintain high standards for food quality and safety, we disclaim all warranties regarding:

• Fitness for particular dietary requirements
• Allergen-free guarantees
• Exact nutritional content
• Temperature maintenance during extended delivery times

8.3 Third-Party Content

We are not responsible for the accuracy, reliability, or content of third-party websites, advertisements, or services linked from our Website.

8.4 Professional Advice

Our content is for informational purposes only and should not be considered professional dietary, nutritional, or medical advice. Consult appropriate professionals for specific guidance.

9. Limitation of Liability

9.1 Maximum Liability

To the fullest extent permitted by law, Mod Pizza's total liability for any claims arising from or related to these Terms or your use of our Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

9.2 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or business opportunities
• Loss of data or personal information
• Emotional distress or personal injury
• Property damage not directly caused by our negligence
• Third-party claims or actions

9.3 Food-Related Claims

Our liability for food-related issues is limited to replacement of the affected items or refund of the purchase price. We are not liable for consequential damages from food quality issues except in cases of gross negligence.

10. Indemnification

You agree to indemnify, defend, and hold harmless Mod Pizza, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, 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 applicable laws or regulations
• Your infringement of third-party rights
• Content you submit or transmit through our Services
• Your negligent or wrongful conduct

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

11. Third-Party Links and Services

11.1 External Links

Our Website may contain links to third-party websites, services, or applications. We provide these links for convenience only and do not endorse or assume responsibility for the content, privacy practices, or terms of use of third-party sites.

11.2 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 using third-party services.

11.3 Payment Processors

We use third-party payment processors to handle financial transactions. These processors have their own terms of service and privacy policies that govern the processing of your payment information.

12. Termination

12.1 Company Termination Rights

We may terminate or suspend your account and access to our Services immediately, without prior notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent or suspicious activity
• Abusive behavior toward staff or other customers
• Failure to pay outstanding charges
• Legal requirements or court orders

12.2 User Termination Rights

You may terminate your account at any time by contacting our customer service team or using the account deletion feature if available.

12.3 Effect of Termination

Upon termination:

• Your right to use our Services immediately ceases
• We may delete your account and associated data
• Outstanding orders may be cancelled or fulfilled at our discretion
• Accrued rights and obligations survive termination

13. Governing Law and Disputes

13.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the District of Columbia, United States, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Before filing any legal action, you agree to attempt to resolve disputes through direct communication with our customer service team. We are committed to resolving issues fairly and promptly.

13.3 Jurisdiction and Venue

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Washington, D.C., and you hereby consent to the jurisdiction of such courts.

13.4 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Changes to Terms

14.1 Modification Rights

We reserve the right to modify these Terms at any time to reflect changes in our services, legal requirements, or business practices. Changes will be effective immediately upon posting to our Website.

14.2 Notification of Changes

We will provide notice of significant changes through:

• Prominent posting on our Website
• Email notification to registered users
• In-app notifications for mobile users

14.3 Acceptance of Changes

Your continued use of our Services after any modifications constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must discontinue use of our Services.

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.

15.2 Severability

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

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

We may assign our rights and obligations under these Terms without restriction. You may not assign your rights or obligations without our prior written consent.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, wars, strikes, or government actions.

15.6 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitation of liability, and indemnification.

16. Contact Information