Terms of Service

Effective Date: May 30, 2026  |  Last Updated: May 30, 2026

1. Acceptance of Terms

By accessing, browsing, or using the website located at fresh-modpizza.click (the "Website"), placing an order, registering an account, or otherwise engaging with any services provided by our company (collectively referred to as "Services"), you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and any other policies or guidelines incorporated herein by reference.

These Terms constitute a legally binding agreement between you and the operator of this Website (referred to herein as "we," "us," "our," or "the Company"). If you are accessing or using our Services 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 references to "you" shall include that entity.

Your continued use of the Website following any updates or modifications to these Terms shall constitute your acceptance of the revised Terms. We reserve the right to update or modify these Terms at any time, and we will endeavor to provide notice of material changes where practicable.

You must be at least 13 years of age to use this Website. If you are under the age of 18, you must have the consent of a parent or legal guardian to use our Services. By using the Website, you represent and warrant that you meet all applicable age requirements.

2. Description of Services

The Company operates an online platform at fresh-modpizza.click that provides food-related services, including but not limited to:

• Online ordering and delivery of pizza and related food items;
• Browsing our menu and customizing food orders;
• Placing pickup or delivery orders through our online platform;
• Managing user accounts and order histories;
• Participating in promotional programs, loyalty rewards, and special offers;
• Receiving communications regarding orders, promotions, and updates;
• Accessing nutritional and allergen information for menu items;
• Providing customer feedback and reviews;
• Any other ancillary services offered through the Website.

We reserve the right to modify, suspend, discontinue, or restrict access to any aspect of our Services at any time, with or without notice, and without liability to you or any third party. New features or tools added to the Website shall also be subject to these Terms.

Menu items, prices, availability, and delivery areas are subject to change without prior notice. We do not guarantee that any particular item will be available at any given time. Food items are prepared in facilities that may handle common allergens. It is your responsibility to review allergen information and consult with us if you have dietary restrictions or food allergies before placing an order.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Website and Services, you agree to:

• Provide accurate, current, and complete information when registering an account or placing an order;
• Maintain the confidentiality of your account credentials and promptly notify us of any unauthorized access;
• Accept responsibility for all activities that occur under your account;
• Comply with all applicable federal, state, and local laws and regulations while using our Services;
• Use our Services only for lawful purposes and in a manner that does not infringe upon the rights of others;
• Keep your contact and payment information up to date;
• Be present at the designated delivery address at the agreed time, or designate an authorized person to receive your order;
• Review order confirmations for accuracy and notify us promptly of any errors.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use our Website for any unlawful, fraudulent, deceptive, or malicious purpose;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Attempt to gain unauthorized access to any portion of our Website, server, or database;
• Use automated tools, bots, scrapers, crawlers, or other means to access, monitor, or copy content from our Website without prior written consent;
• Transmit any viruses, malware, spyware, or other harmful code through our Website;
• Engage in any conduct that disrupts, damages, or interferes with the proper functioning of our Website or servers;
• Post, upload, or transmit any content that is defamatory, abusive, obscene, threatening, harassing, or otherwise objectionable;
• Use our Website to collect or harvest personal information of other users without authorization;
• Attempt to reverse engineer, decompile, or disassemble any software or proprietary technology associated with our Website;
• Place fraudulent orders, use stolen payment information, or engage in any form of payment fraud;
• Exploit promotions, coupons, or loyalty programs in a manner not intended or authorized by us;
• Circumvent or attempt to circumvent any technical measures we use to protect our Website;
• Use our Services in any way that could damage our reputation or the goodwill associated with our brand.

Violation of any of the above prohibitions may result in immediate termination of your account, refusal of service, and may expose you to civil or criminal liability. We reserve the right to cooperate with law enforcement authorities in investigating and prosecuting users who engage in illegal activities.

4. Intellectual Property Rights

All content available on this Website, including but not limited to text, graphics, logos, images, photographs, video content, audio clips, digital downloads, data compilations, software, and the overall design and layout of the Website (collectively, "Content"), is the exclusive property of the Company or its licensors and is protected by United States and international intellectual property laws, including copyright, trademark, trade dress, patent, and trade secret laws.

The Company's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other trademarks, service marks, and logos used on this Website are the trademarks of their respective owners.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and its Content solely for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, distribute, or publicly display any Content;
• Modify or create derivative works based on the Content;
• Use any Content for commercial purposes or for any public display;
• Remove or alter any proprietary notices or labels on the Content.

Any unauthorized use of the Content or intellectual property on this Website may violate copyright laws, trademark laws, and other regulations and could result in criminal or civil penalties. We reserve all rights not expressly granted in these Terms.

If you believe that any content on our Website infringes your copyright or other intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement, pursuant to the Digital Millennium Copyright Act (DMCA) or other applicable law.

5. Ordering and Payment Terms

5.1 Placing Orders

By placing an order through our Website, you represent that you are legally capable of entering into binding contracts and that all information you provide is accurate. All orders are subject to availability and confirmation. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to cases of suspected fraud, incorrect pricing, or unavailability of items.

Once you submit an order, you will receive an order confirmation. However, confirmation of your order does not constitute acceptance of your order by us. We reserve the right to decline orders after confirmation in circumstances beyond our reasonable control.

5.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes or delivery fees, which will be displayed separately at checkout. We make every effort to ensure pricing accuracy, but in the event of a pricing error, we reserve the right to cancel your order and notify you accordingly.

5.3 Payment

We accept various forms of payment as indicated on our Website at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method. You authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees.

Payment processing is handled through secure third-party payment processors. We do not store full credit or debit card numbers on our servers. You agree to comply with all terms and conditions of your payment provider. In the event of non-payment or a disputed transaction, we reserve the right to suspend or terminate your account and pursue collection remedies available under applicable law.

5.4 Refunds and Cancellations

Given the perishable nature of food products, all sales are generally final once an order has been accepted and prepared. However, if you receive an incorrect or unsatisfactory order, please contact us immediately at [email protected]. We will evaluate your complaint and, at our discretion, may offer a refund, replacement, or credit toward a future order. We are not obligated to provide refunds for customer errors, such as incorrect delivery addresses or changes of mind after the order has been placed.

6. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL SERVICES, CONTENT, AND PRODUCTS PROVIDED THROUGH IT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF FOOD PRODUCTS FOR ANY PARTICULAR DIETARY NEED OR HEALTH CONDITION.

Some jurisdictions do not allow the exclusion of implied warranties; therefore, some of the above exclusions may not apply to you. In such cases, our warranties are limited to the minimum extent permitted by applicable law.

We do not warrant or make any representations regarding the results that may be obtained from using our Services, or the accuracy or reliability of any information obtained through the Website. You use the Website and our Services entirely at your own risk.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, 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 business opportunities;
• Damages arising from unauthorized access to or alteration of your transmissions or data;
• Damages arising from any interruption, suspension, or termination of Services;
• Damages arising from errors, inaccuracies, or omissions in any content on the Website;
• Damages arising from food allergic reactions or health issues related to consumption of our products, where appropriate allergen disclosures were made available;
• Damages arising from your reliance on any information obtained through the Website;
• Any other matters relating to our Services.

IN ANY CASE, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The foregoing limitations of liability shall apply whether or not the Company has been advised of the possibility of such damages. Some states do not allow certain limitations of liability, so some or all of the above limitations may not apply to you to the extent prohibited by law. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, contractors, licensors, affiliates, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation;
• Your use of or access to the Website or Services;
• Your User Content or any content you submit, post, or transmit through the Website;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or rights of publicity;
• Any false, misleading, or inaccurate information you provide to us;
• Your negligent or intentional misconduct;
• Any dispute between you and another user of the Website or a third party.

We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which the Company operates, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising under or related to these Terms shall be subject to the exclusive jurisdiction of the state or federal courts located in the United States.

The following federal and state laws may apply to your use of our Services and your relationship with us:

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Please refer to our Privacy Policy for more information regarding your rights as a California consumer.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our Services ("Dispute") informally by contacting us at [email protected]. You agree to provide a written description of the Dispute, the relief sought, and your contact information. We will attempt to resolve the Dispute informally within thirty (30) days of receipt of your notice. If the Dispute cannot be resolved informally within this period, either party may proceed to binding arbitration as set forth below.

10.2 Binding Arbitration

Except as otherwise provided herein, any Dispute that cannot be resolved informally shall be resolved by binding individual arbitration administered by a recognized arbitration organization under its applicable rules. The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding. You and the Company agree that any arbitration shall be conducted on an individual basis only, and not as a class, consolidated, or representative action.

10.3 Class Action Waiver

10.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.

10.5 Small Claims Court

Either party may bring a qualifying claim in small claims court, so long as the matter remains in small claims court and proceeds only on an individual basis.

11. Term and Termination

11.1 Term

These Terms are effective as of the date first posted and shall remain in full force and effect for as long as you continue to access or use the Website or Services, unless earlier terminated in accordance with these Terms.

11.2 Termination by You

You may terminate your account and discontinue use of our Services at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of obligations that arose prior to termination, including payment obligations for completed orders.

11.3 Termination by Us

We reserve the right, in our sole and absolute discretion, to suspend or terminate your account or your access to the Website and Services at any time and for any reason, including but not limited to:

• Your violation of any provision of these Terms;
• Fraudulent or illegal activity associated with your account;
• Inability to verify your identity or payment information;
• Prolonged inactivity of your account;
• Our decision to discontinue all or part of the Services;
• Any conduct that we determine, in our sole discretion, to be harmful to other users, us, or third parties.

11.4 Effect of Termination

Upon termination of your account, your right to use the Website and Services will immediately cease. We are not liable to you or any third party for any termination of your account or access to the Services. Any provisions of these Terms that by their nature should survive termination — including, without limitation, ownership provisions, warranty disclaimers, indemnification, limitation of liability, and dispute resolution — shall survive termination.

12. Changes to These Terms

We reserve the right, at our sole discretion, to modify, update, or replace any part of these Terms of Service at any time. Changes will be effective immediately upon posting to the Website. The "Last Updated" date at the top of this page will reflect the date of the most recent revision.

We will make reasonable efforts to notify users of material changes to these Terms through the Website, email notification, or other reasonable means. However, your continued use of the Website following any changes constitutes your acceptance of the revised Terms. You are responsible for reviewing these Terms periodically to stay informed of any updates.

If you do not agree to the modified Terms, you must discontinue your use of the Website and Services immediately. No modification of these Terms by you shall be effective unless made in writing and signed by an authorized representative of the Company.

13. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications 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 make any representations about third-party websites or services.

We encourage you to review the terms and privacy policies of any third-party websites you visit. You access third-party links entirely at your own risk, and we shall not be liable for any losses or damages resulting from your use of or reliance on any third-party website or service.

Our Website may integrate with third-party payment processors, delivery service providers, and other service partners. Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the actions or omissions of such third parties.

14. Privacy Policy

Your use of the Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information in compliance with applicable law, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, as well as applicable federal privacy regulations. Please review our Privacy Policy carefully. By using our Services, you consent to the practices described in our Privacy Policy.

15. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, government actions, power failures, internet outages, supply chain disruptions, labor disputes, or any other events beyond our reasonable control ("Force Majeure Event"). In the event of a Force Majeure Event, our obligations will be suspended for the duration of the event, and we will make reasonable efforts to resume normal operations as quickly as possible.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and the Company with respect to the subject matter herein and supersede all prior and contemporaneous agreements, communications, representations, and understandings, whether oral or written, between the parties regarding such subject matter.

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

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from these Terms. The invalidity, illegality, 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 court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and all remaining provisions shall continue to be binding and effective.

18. No Waiver

No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise of that right or the exercise of any other right, power, or remedy. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.

19. Electronic Communications and Notices

By using our Website and Services, you consent to receiving electronic communications from us, including order confirmations, promotional materials, account notices, and updates to our policies. You agree that any notices, agreements, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of promotional communications at any time by following the unsubscribe instructions included in our emails or by contacting us at [email protected]. However, we may continue to send you transactional and account-related communications even after you opt out of promotional messages.

20. Accessibility

We are committed to making our Website accessible to users with disabilities in accordance with applicable law, including the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG). If you encounter any accessibility barriers while using our Website, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

21. Children's Privacy

Our Website and Services are not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe that your child has provided us with personal information without your consent, please contact us immediately at [email protected] and we will take steps to remove such information from our records in compliance with the Children's Online Privacy Protection Act (COPPA) and other applicable laws.

22. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service or our Services, please do not hesitate to contact us using the information below:

We will make every reasonable effort to respond to your inquiries within a reasonable timeframe. For urgent matters related to an active order, please use the contact information above and mark your communication as urgent.