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 pizza-mods.top (the "Website"), our mobile applications, and all related services, content, and functionality (collectively, the "Services").

By accessing, browsing, or using our Services in any manner, including but not limited to placing orders, creating an account, or engaging with our content, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must immediately discontinue use of our Services.

We reserve the right to modify, update, or revise these Terms at any time without prior notice. Any changes will be effective immediately upon posting the updated Terms on our Website. Your continued use of our Services after such modifications constitutes acceptance of the updated Terms. It is your responsibility to review these Terms periodically for changes.

2. Definitions

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

• "Company," "we," "us," or "our" refers to Mod Pizza, a food service business operating at 3936 W 69th Terrace, Prairie Village, KS 66208, USA.
• "User," "you," or "your" refers to any individual or entity that accesses or uses our Services.
• "Services" means all products, services, content, features, technologies, or functions offered by Mod Pizza through our Website, mobile applications, physical locations, delivery services, or any other platform or medium.
• "Content" includes all text, data, graphics, images, photographs, videos, audio, software, scripts, and other materials that appear on or are accessible through our Services.
• "Website" refers to our online platform located at pizza-mods.top and all associated subdomains and pages.
• "Account" means the user profile you create to access certain features of our Services.
• "Order" refers to your request to purchase food products or services from us.
• "Personal Information" has the meaning set forth in our Privacy Policy.

3. Use of Services

3.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. Specifically, you agree to use our Services solely for personal, non-commercial purposes related to ordering food, accessing information about our products and services, and engaging with our content as intended.

• Comply with all applicable federal, state, local, and international laws and regulations
• Provide accurate, current, and complete information when creating accounts or placing orders
• Maintain the security and confidentiality of your account credentials
• Use our Services in a manner consistent with their intended purpose
• Respect the intellectual property rights of Mod Pizza and third parties

3.2 Prohibited Use

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

• Engaging in any unlawful activities or encouraging others to engage in unlawful activities
• Transmitting or distributing harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content
• Attempting to gain unauthorized access to our systems, servers, networks, or accounts
• Violating, infringing, or misappropriating the intellectual property rights of Mod Pizza or any third party
• Sending spam, unsolicited communications, or commercial messages
• Providing false, misleading, or inaccurate information
• Interfering with or disrupting the operation of our Services or servers
• Using automated systems, bots, or scripts to access our Services without express written permission
• Attempting to reverse engineer, decompile, or disassemble any aspect of our Services
• Collecting or harvesting user information without proper authorization
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity
• Using our Services to compete with our business or for any commercial purposes without our written consent

4. User Accounts

To access certain features of our Services, including placing orders and tracking delivery status, you may be required to create a user account. When creating an account, you must provide accurate, complete, and current information as prompted by our registration forms.

• Each user may maintain only one active account
• You must keep your account information current and accurate
• You are responsible for all activities that occur under your account
• We reserve the right to suspend or terminate accounts that violate these Terms
• Account termination may result in loss of access to order history and saved information

5. Products and Services

5.1 Food Products and Menu Items

Mod Pizza offers a variety of food products including artisan pizzas, salads, sides, and beverages. All product descriptions, images, and specifications displayed on our Services are for informational purposes and may not reflect the exact appearance or composition of the actual products served.

5.2 Pricing and Availability

All prices displayed on our Services are subject to change without notice. We strive to ensure accurate pricing, but errors may occur. In the event of a pricing error, we reserve the right to cancel orders or contact you for instructions. Menu items and availability may vary by location and time of day.

5.3 Order Acceptance and Processing

All orders are subject to acceptance by Mod Pizza. We reserve the right to refuse or cancel orders for any reason, including but not limited to product unavailability, pricing errors, or suspected fraudulent activity. Order confirmation does not guarantee acceptance.

5.4 Delivery Services

• Delivery Zones: Delivery is available only within our designated service areas. Service zones and delivery fees may vary by location.
• Delivery Times: Estimated delivery times are approximate and may vary due to weather, traffic, order volume, or other factors beyond our control.
• Minimum Orders: Minimum order requirements may apply for delivery services.
• Temperature-Sensitive Items: We take reasonable precautions to maintain food temperature during delivery, but cannot guarantee optimal temperature upon arrival due to factors beyond our control.
• Delivery Personnel: Our delivery personnel are authorized to deliver orders to the specified address. You are responsible for providing accurate delivery information.

5.5 Order Modifications and Cancellations

Order modifications or cancellations may be possible if requested immediately after order placement and before preparation begins. Once food preparation has started, orders cannot be modified or cancelled. For assistance with order changes, please contact us at +1 913-384-5998.

5.6 Food Quality Guarantee

We are committed to providing high-quality food products. If you are dissatisfied with your order due to quality issues, please contact us within 24 hours of delivery or pickup for resolution. Our food quality guarantee is subject to reasonable verification and may not apply to subjective taste preferences.

For detailed information about returns and refunds, please refer to our Refund Policy.

6. Intellectual Property

The Services and all content, features, and functionality thereof are owned by Mod Pizza and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.1 Our Intellectual Property Rights

All content on our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation of all content, is the exclusive property of Mod Pizza or its content suppliers and is protected by applicable intellectual property laws. Our trademarks, service marks, and logos used and displayed on the Services are registered and unregistered trademarks of Mod Pizza.

6.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to collect, use, copy, or distribute any content from our Services for commercial purposes.

6.3 User Content License

By submitting, posting, or displaying content on or through our Services, you grant Mod Pizza a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media or medium.

7. User Content

Our Services may allow you to submit, post, or display content, including reviews, comments, photos, and other materials ("User Content"). You retain ownership of your User Content, but you are solely responsible for the content you submit and its consequences.

7.1 Prohibited Content

You agree not to submit User Content that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Infringes any patent, trademark, copyright, or other intellectual property rights
• Contains viruses, malware, or other harmful computer code
• Violates the privacy or publicity rights of others
• Is false, misleading, or deceptive
• Promotes illegal activities or violates applicable laws
• Contains spam or unsolicited promotional materials

7.2 Content Moderation

We reserve the right, but are not obligated, to monitor, edit, or remove any User Content at our sole discretion, without notice, and for any reason. We do not endorse any User Content or assume responsibility for its accuracy, quality, or reliability.

8. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

8.1 Third-Party Content and Services

Our Services may include content from third parties or links to third-party websites. We are not responsible for the accuracy, reliability, or content of such third-party materials and do not endorse or assume liability for any third-party content.

8.2 Professional Advice Disclaimer

Information provided on our Services is for general informational purposes only and should not be considered professional advice. Any nutritional information provided is approximate and may vary based on preparation methods and ingredients.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOD PIZZA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, WHETHER ARISING FROM CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

10. Indemnification

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

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any rights of another party, including any Users
• Your User Content
• 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

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Mod Pizza. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

Your interactions with third-party organizations and/or individuals found on or through our Services are solely between you and such organizations and/or individuals. We shall not be liable for any loss or damage of any sort incurred as the result of any such dealings.

12. Termination

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

12.1 Effect of Termination

Upon termination, your right to use our Services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12.2 User-Initiated Termination

You may terminate your account at any time by contacting us at [email protected] or by following the account closure procedures available through our Services.

13. Governing Law and Disputes

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

13.1 Dispute Resolution

In the event of any dispute, claim, or controversy arising from or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, the parties agree to first attempt to resolve such dispute through good faith negotiations.

13.2 Jurisdiction and Venue

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

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will try to provide at least 30 days advance notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on our Services, shall constitute the entire agreement between you and Mod Pizza concerning the Services.

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 be enforced to the fullest extent under law.

15.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

15.5 Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16. Contact Information

If you have any questions about these Terms of Service, please contact us using the following information: