Terms of Service

1. Introduction and Acceptance

Welcome to Mod Pizza ("we," "us," "our," or "Company"). These Terms of Service ("Terms") govern your use of our website at pizzas-mod.rest, mobile applications, delivery services, catering services, and any related food services provided by Mod Pizza.

By accessing, browsing, or using our website, mobile application, placing an order, or utilizing any of our 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 these Terms, please do 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
• Have the legal capacity to enter into binding agreements
• Provide accurate and complete information when creating an account or placing orders
• 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. When we make material changes, we will provide notice through our website or by email. Your continued use of our services after such notice constitutes acceptance of the updated Terms.

2. Definitions

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

• "We," "Us," "Our," or "Company": Refers to Mod Pizza and its affiliates, subsidiaries, employees, officers, directors, and agents.
• "You," "Your," or "User": Refers to any individual or entity accessing or using our services.
• "Services": Includes our website, mobile applications, food delivery services, catering services, online ordering system, and any related services provided by Mod Pizza.
• "Content": All text, images, graphics, videos, audio, software, data, and other materials available through our services.
• "Website": Our website located at pizzas-mod.rest and any associated domains or subdomains.
• "Food Products": All pizzas, beverages, appetizers, desserts, and other food items offered by Mod Pizza.
• "Order": A request for food products or services submitted through our website, mobile app, or by phone.

3. Use of Services

3.1 Permitted Use

You may use our services for the following purposes:

• Browsing our menu and restaurant information
• Placing orders for personal, non-commercial consumption
• Creating and managing your user account
• Accessing promotional offers and loyalty programs
• Communicating with our customer service team
• Providing feedback and reviews about our food and services

3.2 Prohibited Use

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

• Violating any applicable laws, regulations, or third-party rights
• Engaging in fraudulent activities or providing false information
• Attempting to gain unauthorized access to our systems or other users' accounts
• Interfering with or disrupting our services or servers
• Using automated systems or bots to access our services
• Reselling or redistributing our food products for commercial purposes without authorization
• Posting or transmitting harmful, offensive, or inappropriate content
• Infringing upon our intellectual property rights or those of third parties
• Sending spam or unsolicited communications through our platforms
• Attempting to reverse engineer our software or applications

4. User Accounts

4.1 Registration Requirements

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

• 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

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 must immediately notify us if you suspect any unauthorized access to your account.

4.3 One Account Per Person

Each user is permitted to maintain only one active account. Creating multiple accounts to abuse promotions, circumvent restrictions, or for any fraudulent purpose is strictly prohibited.

4.4 Account Termination Rights

We reserve the right to suspend or terminate your account at any time for violations of these Terms, suspicious activity, or for any other reason deemed necessary to protect our business or other users.

5. Products and Services

5.1 Food Safety and Quality Standards

5.2 Allergen Information

5.3 Product Descriptions and Pricing

We strive to provide accurate descriptions and pricing for all menu items. However, we reserve the right to:

• Modify menu items, prices, and availability without prior notice
• Correct any errors in pricing or product information
• Discontinue items due to seasonal availability or other factors
• Substitute ingredients when necessary due to availability

5.4 Order Acceptance and Cancellation

5.5 Delivery Terms and Service Areas

5.6 Payment Terms

Payment is due at the time of order placement. We accept major credit cards, debit cards, and digital payment methods. All payments are processed securely through encrypted payment systems.

5.7 Food Quality Guarantee

5.8 Returns and Refunds

Due to the perishable nature of food products, returns are generally not accepted. For refund policies and procedures, please refer to our Refund Policy.

6. Intellectual Property

6.1 Our Ownership Rights

All content and materials available through our services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation of all content, are the exclusive property of Mod Pizza or its content suppliers and are protected by United States and international copyright 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 its affiliates or licensors. You may not use such marks without our prior written permission.

6.3 Limited License to Users

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

• Resell or make commercial use of our services or content
• Collect and use product listings, descriptions, or prices
• Make derivative use of our services or content
• Download or copy account information for the benefit of another merchant

6.4 User Content License

By submitting content to our services (such as reviews, photos, or comments), you grant us a worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

6.5 Copyright Infringement

We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact us 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 transmit through our services. This includes reviews, comments, photos, and any other materials you provide.

7.2 License Grant to Company

By providing content through our services, you grant us the right to use, display, reproduce, modify, and distribute your content in connection with our business operations, marketing, and promotional activities.

7.3 Prohibited Content

You may not submit content that:

• Is illegal, harmful, threatening, abusive, or discriminatory
• Infringes upon the rights of others
• Contains false or misleading information
• Is spam or commercially solicited content
• Contains viruses or malicious code
• Violates our community standards or these Terms

7.4 Right to Remove Content

We reserve the right to remove, edit, or refuse to display any user content that violates these Terms or that we deem inappropriate for any reason, without notice to you.

7.5 No Endorsement

We do not endorse any user content and expressly disclaim any and all liability in connection with user content. User opinions and statements do not reflect our views or opinions.

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, or non-infringement.

8.2 No Warranty of Uninterrupted Service

We do not warrant that our services will be uninterrupted, error-free, or completely secure. We may experience technical difficulties, maintenance periods, or other disruptions that could affect service availability.

8.3 Food Service Disclaimers

8.4 Third-Party Content

We are not responsible for third-party content, links, or services accessible through our platforms. Such content is provided for informational purposes only and does not constitute our endorsement.

8.5 Professional Advice Disclaimer

Our services do not provide professional nutritional, medical, or dietary advice. Information about our food products is for general informational purposes only and should not be considered professional advice.

9. Limitation of Liability

9.1 Maximum Liability Limits

To the fullest extent permitted by law, our total liability to you for all damages, losses, and causes of action arising out of or relating 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 incident giving rise to liability.

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 information
• Business interruption
• Personal injury (except as required by law)
• Emotional distress
• Food-borne illness (except as required by law)

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 of their essential purpose.

9.4 Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain types of damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Mod Pizza, its affiliates, officers, directors, employees, agents, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

• Your violation of these Terms
• Your use of our services in a manner not authorized by these Terms
• Your violation of any rights of another party
• Content you submit, post, or transmit through our services
• Any fraudulent or illegal activities conducted through your account

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will cooperate with our defense of these claims.

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 us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

We do not endorse or assume responsibility for third-party products or services. Your interactions with third-party organizations and individuals are solely between you and such organizations and individuals.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.

12. Termination

12.1 Termination by Company

We may terminate or suspend your account and access to our services immediately, without prior notice, if you breach these Terms or for any other reason we deem necessary to protect our business interests or other users.

12.2 Termination by User

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

12.3 Effect of Termination

Upon termination:

• Your right to use our services will cease immediately
• We may delete your account and all associated data
• Outstanding orders may still be fulfilled at our discretion
• You remain liable for all charges incurred before termination

12.4 Survival of Provisions

The following provisions shall survive termination: payment obligations, indemnification, limitation of liability, intellectual property rights, and any other provisions that by their nature should survive.

13. Governing Law and Disputes

13.1 Applicable Law

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

13.2 Dispute Resolution Process

Before pursuing formal legal action, we encourage you to contact us directly to resolve any disputes. Many concerns can be resolved quickly and satisfactorily through direct communication.

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 Henderson, Kentucky, and you hereby consent to the jurisdiction and venue of such courts.

13.4 Class Action Waiver

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 these Terms at any time in our sole discretion. Changes may be necessary due to legal requirements, business changes, or to improve our services.

14.2 Notification of Changes

When we make material changes to these Terms, we will:

• Post the updated Terms on our website
• Update the "Last Modified" date
• Send notification via email if you have an account with us
• Provide notice through our mobile application if applicable

14.3 Acceptance of Changes

Your continued use of our services after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must discontinue use of 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 legal notices published by us on our services, constitute the entire agreement between you and us concerning our services.

15.2 Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to exercise or 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 to any party at any time without notice to you. You may not assign these Terms 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, war, terrorism, labor disputes, or governmental actions.

15.6 Headings

The headings in these Terms are for convenience only and shall not affect their interpretation.

16. Contact Information

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

Response Times

We strive to respond to all inquiries within 24 hours during business days. For urgent matters related to orders or food safety concerns, please call us directly at +1 270-212-3653.

Legal Department: For legal matters or concerns regarding these Terms, please send correspondence to our business address marked "Attention: Legal Department" or email us at [email protected] with "Legal Matter" in the subject line.