Terms of Service

1. Introduction and Acceptance

Welcome to Mod Pizza ("we," "our," "us," 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 at mods-pizzas.click ("Website") and all related services, products, and features (collectively, the "Services").

By accessing, browsing, or using our Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Website or Services.

1.1 Eligibility Requirements

• You must be at least 18 years of age to use our Services independently
• You must have the legal capacity to enter into binding contracts
• Your use of our Services must not violate any applicable laws or regulations
• You represent that all information provided is accurate and truthful

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 notify us immediately 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. We will notify you of material changes by posting an updated version on our Website with a new "Last Updated" date. Your continued use of our Services after such changes constitutes acceptance of the modified Terms.

2. Definitions

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

• "Company," "We," "Us," "Our": Refers to Mod Pizza, a food service business operating at 828 Bantam Rd, Bantam, CT 06750, USA
• "User," "You," "Your": Refers to any individual or entity accessing or using our Website or Services
• "Services": All products, services, features, and functionalities provided through our Website, including but not limited to food ordering, delivery, catering, and related services
• "Content": All text, images, videos, audio, graphics, software, and other materials available through our Website
• "Website": Our website located at mods-pizzas.click and any related mobile applications or platforms
• "Order": Any request for food products or services placed through our Website
• "Delivery Zone": The geographical areas where we provide delivery services
• "User Content": Any content, including reviews, comments, photos, or other materials, submitted by users

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
• Placing legitimate food orders for personal consumption
• Browsing our menu and restaurant information
• Accessing customer support and account management features
• Participating in promotional activities and loyalty programs

3.2 Prohibited Use

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

• Using our Services for any illegal or unauthorized purpose
• Violating any applicable local, state, national, or international law or regulation
• Transmitting any harmful, threatening, abusive, harassing, defamatory, or obscene content
• Attempting to gain unauthorized access to our systems, servers, or databases
• Interfering with or disrupting the integrity or performance of our Services
• Creating false accounts or providing false information
• Engaging in any form of spam, unsolicited advertising, or commercial solicitation
• Reverse engineering, decompiling, or attempting to extract source code
• Using automated systems or bots to access our Services without permission
• Infringing on our intellectual property rights or those of third parties
• Placing fraudulent orders or using stolen payment information
• Reselling or redistributing our Services without authorization

4. User Accounts

4.1 Registration Requirements

To access certain features of our Services, you may need to create an account. When registering, you agree to:

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

4.2 Account Security

You are solely responsible for maintaining the security of your account credentials. We recommend using strong, unique passwords and enabling two-factor authentication when available. You agree to log out from your account at the end of each session.

4.3 One Account Per Person

Each person may maintain only one active account. Multiple accounts may be terminated without notice. If you believe someone has created an unauthorized account using your information, please contact us immediately.

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 at our sole discretion. You may also delete your account at any time through your account settings or by contacting customer support.

5. Products and Services

5.1 Food Safety and Quality Standards

5.2 Menu and Pricing

• All menu items and prices are subject to availability and may change without notice
• Prices displayed include applicable taxes unless otherwise stated
• We strive for accuracy but reserve the right to correct pricing errors
• Special offers and promotions are subject to specific terms and conditions
• Seasonal items may have limited availability

5.3 Allergen Information and Disclaimers

5.4 Order Acceptance and Processing

• All orders are subject to acceptance by Mod Pizza
• We reserve the right to refuse or cancel any order at our discretion
• Order confirmation does not guarantee order acceptance
• Orders may be cancelled due to ingredient unavailability, weather conditions, or operational constraints
• Minimum order requirements may apply for delivery

5.5 Delivery Terms and Conditions

• Delivery Zones: Delivery is available only within our designated delivery areas
• Delivery Times: Estimated delivery times are approximate and may vary based on demand, weather, and location
• Delivery Fees: Applicable delivery charges will be displayed during checkout
• Delivery Requirements: Someone must be available to receive the order at the delivery address
• Temperature Control: We take measures to maintain food temperature during delivery, but extended delays may affect food quality
• Address Accuracy: You are responsible for providing accurate delivery information

5.6 Order Modifications and Cancellations

• Orders may be modified or cancelled within 5 minutes of placement
• Once preparation begins, modifications may not be possible
• Cancellation requests must be made through our customer service
• Refunds for cancelled orders will be processed according to our refund policy

5.7 Payment Terms

• Payment is required at the time of order placement
• We accept major credit cards, debit cards, and other approved payment methods
• All transactions are processed securely through encrypted payment systems
• You authorize us to charge your payment method for all applicable fees
• Disputed charges should be reported within 30 days

5.8 Returns and Refunds

Due to the perishable nature of food products, we generally do not accept returns. However, if you are unsatisfied with your order, please refer to our comprehensive Refund Policy for detailed information about our quality guarantee and refund procedures.

6. Intellectual Property

6.1 Our Ownership Rights

All content on our Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, software, and other materials (collectively, "Content"), is owned by Mod Pizza or our licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 Trademarks

The Mod Pizza name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mod Pizza or our affiliates. You may not use these marks without our prior written permission.

6.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Services for personal, non-commercial purposes in accordance with these Terms.

6.4 User Content License

By submitting content to our Website (including reviews, photos, comments), you grant us a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with our business operations.

6.5 Copyright Infringement Reporting

If you believe that any content on our Website infringes your copyright, please contact us at [email protected] with detailed information about the alleged infringement. We will investigate and take appropriate action in accordance with applicable law.

7. User Content

7.1 Your Responsibility

You are solely responsible for any content you submit, post, or transmit through our Services. You represent and warrant that your content does not violate these Terms or any applicable laws.

7.2 Prohibited Content

You may not submit content that:

• Is illegal, harmful, threatening, abusive, or defamatory
• Violates the privacy or publicity rights of others
• Contains hate speech or discriminatory language
• Infringes intellectual property rights
• Contains viruses, malware, or other harmful code
• Is false, misleading, or deceptive
• Contains unsolicited advertising or spam

7.3 Content Moderation

We reserve the right to review, edit, or remove any user content at our sole discretion, with or without notice. We do not guarantee that user content will be monitored or removed, and we are not responsible for user-generated content.

7.4 No Endorsement

The display of user content on our Website does not constitute an endorsement by us. Views expressed in user content are those of the individual users and do not reflect our opinions or positions.

8. Disclaimers

8.1 Service Availability

Our Services are provided "as is" and "as available" without warranties of any kind. We do not guarantee that our Services will be uninterrupted, error-free, or completely secure.

8.2 Food Quality and Safety

While we maintain high standards of food safety and quality, we cannot guarantee that our food products will meet every individual's expectations or dietary requirements. Food preferences are subjective, and individual reactions may vary.

8.3 Third-Party Content

Our Website may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of these third parties.

8.4 Professional Advice Disclaimer

Information provided on our Website is for general informational purposes only and should not be considered professional nutritional or medical advice. Consult with qualified professionals for specific dietary or health concerns.

8.5 Technical Issues

We are not liable for any technical failures, including but not limited to server downtime, network connectivity issues, or software malfunctions that may affect your use of our Services.

9. Limitation of Liability

9.1 Maximum Liability

To the maximum extent permitted by law, our total liability to you 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

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Lost profits or revenue
• Loss of data or information
• Business interruption
• Personal injury (except where prohibited by law)
• Emotional distress
• Loss of goodwill or reputation

9.3 Essential Purpose

The limitations of liability set forth in this section shall apply even if our limited remedies are found to have failed their essential purpose.

9.4 Jurisdictional Variations

Some jurisdictions do not allow the limitation of certain damages, so these limitations may not apply to you to the extent prohibited by applicable law.

10. Indemnification

10.1 Your Indemnification Obligation

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, or 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 applicable laws or regulations
• Your infringement of any third-party rights
• Any content you submit or transmit through our Services
• Any false or misleading information you provide

10.2 Defense and Settlement

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

Your indemnification obligations shall survive the termination of these Terms and your use of our Services.

11. Third-Party Links and Services

11.1 Third-Party Integration

Our Services may integrate with or provide links to third-party websites, applications, or services, including payment processors, delivery partners, and social media platforms.

11.2 No Responsibility

We are not responsible for and do not endorse the content, products, services, or practices of any third parties. Your interactions with third parties are solely between you and the third party.

11.3 Third-Party Terms

Your use of third-party services is governed by their respective terms of service and privacy policies. We encourage you to review these terms before using third-party services.

11.4 Payment Processing

Payment processing services are provided by third-party processors. We do not store your complete payment card information on our servers.

12. Termination

12.1 Termination by Company

We may suspend or terminate your access to our Services at any time, with or without cause, and with or without notice, including but not limited to:

• Violation of these Terms
• Fraudulent or suspicious activity
• Extended period of inactivity
• Technical or security concerns
• Legal or regulatory requirements

12.2 Termination by User

You may terminate your account and stop using our Services at any time by contacting customer support or following the account deletion process in your account settings.

12.3 Effect of Termination

Upon termination:

• Your right to use our Services will cease immediately
• We may delete your account and associated data
• Outstanding orders may be cancelled or completed at our discretion
• You remain liable for any outstanding obligations

12.4 Survival of Terms

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

13. Governing Law and Disputes

13.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut and the United States of America, without regard to conflict of law principles.

13.2 Jurisdiction and Venue

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Connecticut, and you hereby consent to personal jurisdiction and venue therein.

13.3 Dispute Resolution

Before initiating any legal proceedings, you agree to first contact us to attempt to resolve any disputes informally. We are committed to working with you to resolve any issues in good faith.

13.4 Time Limitation

Any claim or cause of action arising from or related to these Terms or your use of our Services must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.

13.5 Class Action Waiver

To the extent permitted by applicable 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 Right to Modify

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Changes may be made to reflect changes in our services, legal requirements, or business practices.

14.2 Notification of Changes

We will provide notice of material changes by:

• Posting an updated version on our Website
• Updating the "Last Updated" date at the top of these Terms
• Sending email notifications for significant changes (if you have provided an email address)
• Displaying a prominent notice on our Website

14.3 Acceptance of Changes

Your continued use of our Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using our Services.

14.4 Review Responsibility

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

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 found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15.3 Waiver

Our failure to enforce any provision of these Terms or to exercise any right shall not constitute a waiver of such provision or right. Any waiver must be in writing and signed by an authorized representative.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time without notice.

15.5 Force Majeure

We shall 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, natural disasters, war, terrorism, labor disputes, or government regulations.

15.6 Headings

The headings and section titles in these Terms are for convenience only and have no legal or contractual significance.

15.7 Language

These Terms are written in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

15.8 Electronic Communications

You consent to receive communications from us electronically, including via email or through our Website. Electronic communications satisfy any legal requirement for written communications.

16. Contact Information

For specific issues related to orders, deliveries, or account problems, please include your order number or account information to help us assist you more efficiently.

For legal matters or formal notices, please send correspondence to the address above, marked "Attention: Legal Department."