Terms of Service

Effective Date: June 24, 2026  |  Last Updated: June 24, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Mod Pizza ("Company," "we," "us," or "our"), governing your access to and use of the website located at modhouse.rest (the "Site"), our mobile applications, online ordering systems, loyalty programs, and all related food and restaurant services (collectively, the "Services").

By visiting our website, placing an order, creating an account, participating in any promotional activity, or otherwise engaging with our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. Your continued use of the Services following any modifications to these Terms constitutes your acceptance of the revised Terms.

If you are accessing or using the Services on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the authority to bind such entity to these Terms, and your acceptance of these Terms will be treated as acceptance by that entity.

These Terms apply to all visitors, registered users, and any other persons who access or use our Services in any capacity whatsoever.

2. Company Information

The Services described in these Terms are provided by:

3. Description of Services

Mod Pizza operates as a food service and restaurant business offering customers access to the following products and services:

3.1 Food and Beverage Products

We provide a variety of freshly prepared food items, including but not limited to pizzas, salads, beverages, desserts, and other menu items. Our menu is subject to change at any time without prior notice, and product availability may vary by location, season, or operational circumstances.

3.2 Online Ordering Platform

Through our website at modhouse.rest and any associated mobile applications, customers may place orders for food and beverages for in-store pickup, dine-in, or delivery (where available). Online orders are subject to these Terms and any additional terms presented at the time of checkout.

3.3 Loyalty and Rewards Programs

We may offer loyalty programs, rewards points, promotional offers, gift cards, or discount programs to qualifying customers. Participation in any such programs is governed by the specific terms and conditions associated with each program, which are incorporated herein by reference.

3.4 Catering and Group Orders

We may provide catering services and group ordering options for businesses, events, and organizations. Catering orders are subject to additional terms and minimum order requirements as communicated at the time of booking.

3.5 Informational and Marketing Services

Our website provides informational content about our menu, locations, nutritional information, company news, and promotional activities. You acknowledge that this information is provided for general informational purposes and may not always reflect real-time inventory or availability.

4. Eligibility and User Accounts

4.1 Age Requirements

You must be at least thirteen (13) years of age to use our Services. If you are under eighteen (18) years of age, you must have the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By using our Services, you represent and warrant that you meet the applicable age requirements.

4.2 Account Registration

Certain features of our Services may require you to create an account. When registering for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account.

4.3 Account Security

You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to comply with this obligation. We reserve the right to terminate or suspend accounts that we believe, in our sole discretion, have been compromised or are being used in violation of these Terms.

4.4 One Account Per Person

Each individual may maintain only one (1) personal account. Creating multiple accounts to circumvent promotional limits, earn duplicate rewards, or otherwise abuse our programs is strictly prohibited and may result in the termination of all associated accounts.

5. User Obligations and Prohibited Activities

5.1 Acceptable Use

By using our Services, you agree to use them only for lawful purposes and in a manner consistent with these Terms, applicable laws, and regulations. You agree to conduct yourself in a respectful and appropriate manner when interacting with our staff, other customers, or our digital platforms.

5.2 Prohibited Conduct

You expressly agree that you will NOT engage in any of the following prohibited activities:

• Use our Services for any illegal, fraudulent, or unauthorized purpose in violation of any applicable federal, state, or local laws, including without limitation the laws of the United States;
• Attempt to gain unauthorized access to our systems, servers, databases, or any connected network;
• Use automated scripts, bots, crawlers, scraping tools, or other non-human methods to access or interact with our website or ordering platforms;
• Interfere with, disrupt, or create an undue burden on our servers, networks, or the Services, including through denial-of-service attacks or similar mechanisms;
• Submit false, misleading, or fraudulent orders, reviews, complaints, or other content;
• Impersonate any person, business entity, or organization, including Mod Pizza employees, agents, or representatives;
• Use our Services to transmit, distribute, or store any material that is defamatory, obscene, harmful, abusive, threatening, harassing, or otherwise objectionable;
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of any software used in connection with our Services;
• Circumvent, disable, or otherwise interfere with any security features, digital rights management systems, or other protective mechanisms on our website or platform;
• Collect, harvest, or store personal information about other users without their explicit consent;
• Use our intellectual property, including trademarks, logos, or brand materials, without our express written permission;
• Resell, sublicense, or commercially exploit any portion of our Services without our prior written authorization;
• Abuse, harass, threaten, or intimidate any Mod Pizza employee, representative, or other customer;
• Place fraudulent orders or abuse promotional codes, discount offers, or loyalty rewards programs;
• Violate any applicable food safety laws, health regulations, or public health guidelines in connection with your use of our Services.

Violation of any of the above prohibitions may result in immediate termination of your account, denial of Services, and may subject you to civil and/or criminal liability under applicable law.

6. Ordering, Payment, and Refund Terms

6.1 Order Placement

When you place an order through our online platform or in-store, you are making an offer to purchase the selected food items at the stated prices. We reserve the right to accept or decline any order at our sole discretion. Order confirmation does not guarantee fulfillment if items become unavailable or if a pricing error is identified.

6.2 Pricing

All prices displayed on our website or in-store are in United States Dollars (USD) and are subject to applicable sales taxes as required by federal, state, and local law. Prices are subject to change without notice. In the event of a pricing error, we reserve the right to cancel the order and issue a full refund.

6.3 Payment Methods

We accept various forms of payment, including major credit and debit cards, digital wallets, gift cards, and other payment methods as indicated at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the information provided is accurate and complete.

6.4 Sales Tax

You are responsible for all applicable federal, state, and local taxes, levies, or duties imposed on transactions conducted through our Services. Tax rates and applicability vary by jurisdiction, and we will apply taxes in accordance with applicable law.

6.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. However, if you have a legitimate concern about the quality or accuracy of your order, please contact us promptly at [email protected]. We will review each situation on a case-by-case basis and, at our sole discretion, may offer a replacement, store credit, or refund as appropriate. Refunds, if approved, will be processed to the original payment method within five (5) to ten (10) business days.

6.6 Delivery Services

Where delivery is offered, delivery times are estimates only and are not guaranteed. Delivery availability, fees, and minimum order requirements may vary by location. We are not responsible for delays caused by third-party delivery providers, weather conditions, traffic, or other circumstances beyond our reasonable control.

7. Intellectual Property Rights

7.1 Ownership of Content

All content available on or through our Services, including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, software, data compilations, and the overall design and layout of our website (collectively, "Content"), is the exclusive property of Mod Pizza or its licensors and is protected by applicable United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

7.2 Trademarks

The name "Mod Pizza," the website domain modhouse.rest, our logo, and all related brand identifiers, product names, and service marks are trademarks or registered trademarks of the Company. You may not use any of our trademarks, trade names, service marks, or logos without our prior express written consent. Nothing in these Terms grants you any license or right to use our intellectual property.

7.3 Limited License to Users

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and Services solely for your personal, non-commercial use. This license does not include the right to: (a) reproduce, distribute, or publicly display any Content; (b) modify or create derivative works from the Content; (c) use any data mining or extraction tools; or (d) use our Services or Content for any commercial purpose without our express written authorization.

7.4 User-Submitted Content

If you submit reviews, feedback, photographs, comments, or any other content to us through our website, social media channels, or other platforms ("User Content"), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, distribute, and display such User Content in connection with our business operations and marketing activities. You represent and warrant that you own or have sufficient rights to grant this license and that your User Content does not infringe any third-party intellectual property rights.

8. Disclaimer of Warranties

8.1 As-Is Basis

OUR SERVICES, WEBSITE, CONTENT, AND ALL FOOD PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 No Guarantee of Availability

We do not warrant that our website or Services will be available at all times, uninterrupted, error-free, or free from viruses or other harmful components. We do not guarantee that any defects will be corrected or that our servers are free of harmful components. You assume full responsibility for your use of our Services and any associated risks.

8.3 Nutritional and Allergen Information

While we make reasonable efforts to provide accurate nutritional and allergen information, we cannot guarantee that all information is complete, current, or error-free. Cross-contamination may occur in our kitchens. If you have severe food allergies, intolerances, or dietary restrictions, you are solely responsible for consulting with our staff before ordering and for making informed decisions about your consumption of our products.

8.4 Third-Party Links and Services

Our website may contain links to third-party websites, services, or platforms 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 encourage you to review the terms and privacy policies of any third-party services you access.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING APPLICABLE FEDERAL AND STATE LAWS OF THE UNITED STATES, MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities;
• Loss of data or information;
• Loss of goodwill or reputation;
• Cost of substitute goods or services;
• Personal injury or property damage (except to the extent caused by our gross negligence or willful misconduct);
• Any other intangible losses.

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza, its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, licensors, and successors (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or in connection with:

1. Your use of or access to our Services;
2. Your violation of any provision of these Terms;
3. Your violation of any applicable law, regulation, or rule, including federal and state laws of the United States;
4. Any User Content you submit, post, or transmit through our Services;
5. Your infringement of any intellectual property or other rights of any third party;
6. Your fraud, willful misconduct, or gross negligence;
7. Any dispute between you and a third party arising from your use of our Services.

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 fully with our defense of such claims. You will not settle any such claim without our prior written consent.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information in connection with the Services is governed by our Privacy Policy, available on our website at modhouse.rest. The Privacy Policy is incorporated into these Terms by reference and is an integral part of this Agreement.

To the extent that you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including rights of access, deletion, correction, and opt-out of the sale or sharing of personal information. Please refer to our Privacy Policy for more details on how to exercise these rights.

By using our Services, you consent to the collection and processing of your data as described in our Privacy Policy. If you do not agree with our data practices, please discontinue use of our Services.

12. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to your use of our Services shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to conflict of law principles that would require the application of the laws of another jurisdiction.

The Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of the arbitration provisions set forth in Section 13 of these Terms. To the extent that any claims are not subject to arbitration, you hereby consent to exclusive jurisdiction and venue in the federal or state courts of competent jurisdiction located in the United States.

Our Services are operated from the United States. If you access our Services from outside the United States, you do so at your own risk and are responsible for compliance with all applicable local laws. We make no representation that our Services are appropriate or available for use in other locations.

In addition to applicable state laws, these Terms are subject to applicable federal laws of the United States, including without limitation the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive acts or practices in commerce, and any other applicable federal consumer protection statutes.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our Services informally by contacting us at [email protected]. We will attempt to resolve the dispute informally by contacting you via email. If the dispute is not resolved within thirty (30) days of your initial contact, either party may pursue formal dispute resolution as described below.

13.2 Binding Arbitration

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, OUR SERVICES, OR YOUR USE THEREOF SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. The arbitration shall be conducted by a recognized arbitration organization under its applicable rules. THE PARTIES UNDERSTAND THAT BY AGREEING TO ARBITRATION, THEY ARE WAIVING THEIR RIGHT TO A JURY TRIAL.

13.3 Class Action Waiver

YOU AND MOD PIZZA AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring claims in small claims court if the claims qualify and remain in such court. Additionally, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

13.5 Time Limitation on Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT WILL BE FOREVER BARRED. This limitation period applies regardless of any statute of limitations to the contrary.

14. Term and Termination

14.1 Duration

These Terms become effective when you first access or use our Services and remain in full force and effect for as long as you continue to use our Services or maintain an account with us, unless terminated earlier in accordance with these Terms.

14.2 Termination by You

You may terminate your account or discontinue use of our Services at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations or liabilities that arose prior to termination.

14.3 Termination by Us

We reserve the right to suspend or terminate your access to our Services, with or without notice, at any time and for any reason, including but not limited to: (a) your violation of these Terms; (b) fraudulent or abusive activity; (c) conduct that we determine, in our sole discretion, may harm us, our employees, customers, or third parties; or (d) requirements of applicable law or regulatory authority.

14.4 Effect of Termination

Upon termination of these Terms or your account: (a) your license to use our Services immediately terminates; (b) any outstanding orders will be processed or cancelled at our discretion; (c) any unused loyalty points or rewards may be forfeited; and (d) provisions of these Terms that by their nature should survive termination shall continue in full force and effect, including Sections 7, 8, 9, 10, 12, 13, and 14.

15. Changes to These Terms

We reserve the right to modify, update, or revise these Terms at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email or through a prominent notice on our website.

Your continued use of our Services following the posting of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must discontinue use of our Services and, if applicable, close your account. We encourage you to review these Terms periodically to stay informed of any updates.

We may provide notice of material changes via:

• Email notification to the address associated with your account;
• A prominent banner or pop-up on our website;
• A notification through our mobile application (if applicable).

16. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, fires, floods, earthquakes, acts of terrorism, war, civil unrest, governmental actions, labor disputes, power outages, internet or telecommunications failures, supply chain disruptions, or any other event of force majeure.

In the event of a force majeure occurrence, we will make reasonable efforts to resume performance as soon as practicable and will notify affected customers through our website or by email.

17. Severability

If any provision of these Terms is found to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction or arbitrator under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

The parties agree that the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely approximates the intent and economic effect of the original provision.

18. Entire Agreement and Waiver

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and Mod Pizza with respect to your use of our Services and supersede all prior agreements, understandings, representations, or warranties, whether oral or written, relating to the subject matter hereof.

18.2 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term shall be deemed a 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.

18.3 No Partnership or Agency

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, franchise, or agency relationship between you and Mod Pizza. You do not have any authority to bind or obligate us in any way.

18.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any purported assignment in violation of this provision shall be null and void.

19. Accessibility

We are committed to making our Services accessible to all users, including those with disabilities. If you experience any difficulty accessing our website or using our Services due to a disability, please contact us at [email protected] so that we may assist you and work to improve accessibility in accordance with applicable accessibility standards and regulations, including the Americans with Disabilities Act (ADA).

20. Electronic Communications Consent

By using our Services and creating an account, you consent to receive electronic communications from us, including emails, text messages, push notifications, and other digital communications relating to your account, orders, promotions, and updates to our policies. You acknowledge that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of marketing 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 administrative communications relating to your account and orders even after you opt out of marketing communications.

21. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact us for any reason related to your use of our Services, please reach out to us through the following channels:

We will make reasonable efforts to respond to all inquiries within a reasonable time period. For urgent matters related to food safety or health concerns, please contact your local health authorities or emergency services as appropriate.