Terms of Service

Please read these Terms of Service carefully before using the website located at cafemod.top or any services offered by Mod Pizza. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," or "you") and Mod Pizza ("Company," "we," "us," or "our"), the operator of the website cafemod.top and all associated food service operations. By accessing our website, placing an order, creating an account, or otherwise interacting with our services, you expressly agree to these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree with any part of these Terms, you must immediately discontinue your use of our website and services. Your continued use of any portion of our services following the posting of changes to these Terms constitutes your acceptance of those changes.

These Terms apply to all visitors, users, customers, and others who access or use the services provided through cafemod.top. If you are using our services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" will refer to such entity.

You must be at least eighteen (18) years of age to use our services and enter into this Agreement. By using our services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract under applicable United States law.

2. Description of Services

Mod Pizza operates as a food service establishment offering a wide variety of food and beverage products to consumers across the United States. Our services include, but are not limited to:

• Online Food Ordering: We provide an online platform through our website cafemod.top that allows customers to browse our menu, customize their orders, and place food and beverage orders for pickup or delivery.
• Menu Browsing and Customization: Users may explore our full menu offerings, including pizzas, salads, beverages, and other food items, with options for customization to meet individual dietary preferences and requirements.
• Loyalty Programs: We may offer loyalty reward programs that allow customers to earn and redeem points or credits toward future purchases.
• Catering Services: We may offer catering services for events, corporate functions, and group gatherings, subject to availability and separate catering agreements.
• Account Management: Registered users may create and manage personal accounts to track order history, save preferences, and manage payment methods.
• Promotional Offers: We may from time to time offer special promotions, discounts, coupon codes, and limited-time deals through our website, email communications, or other channels.
• Customer Support: We provide customer support services to assist with order inquiries, complaints, and general questions about our products and services.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services. Menu items, prices, and availability are subject to change without notice and may vary by location.

All food and beverage products are subject to availability. We make no guarantee that any particular menu item will be available at any given time. Nutritional information provided on our website is approximate and may vary depending on preparation methods, ingredient substitutions, and portion sizes.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

As a user of our website and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain and promptly update your account information to ensure it remains accurate and complete.
• Maintain the confidentiality of your account credentials, including your username and password.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account or any other breach of security.
• Use our services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable local, state, and federal laws and regulations.
• Treat our staff and other customers with respect and dignity.

3.2 Prohibited Activities

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

• Using our website or services for any unlawful purpose or in violation of any applicable laws or regulations, including but not limited to the Federal Trade Commission Act (FTC Act) and applicable state consumer protection laws.
• Attempting to gain unauthorized access to any portion or feature of our website, or any other systems or networks connected to our website.
• Engaging in any form of data scraping, data mining, or harvesting of information from our website without our express written consent.
• Using automated tools, bots, spiders, or crawlers to access or interact with our website in a manner that imposes an unreasonable burden on our infrastructure.
• Submitting false, misleading, or fraudulent orders, payment information, or personal details.
• Impersonating any person or entity, or falsely claiming an affiliation with any person or entity.
• Transmitting any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.
• Attempting to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of our website or any underlying technology.
• Uploading or transmitting any content that contains viruses, malware, ransomware, or any other harmful or malicious code.
• Interfering with or disrupting the integrity or performance of our website or the data contained therein.
• Engaging in any activity that could damage, disable, overburden, or impair our servers or networks.
• Using our services to facilitate the commission of any criminal offense or encourage conduct that would constitute a criminal offense.
• Reselling or redistributing our services without our express written authorization.
• Misusing promotional codes, coupons, or loyalty rewards in ways not intended by us, including creating multiple accounts to exploit promotions.
• Posting or submitting reviews, feedback, or content that is defamatory, obscene, harassing, threatening, or otherwise objectionable.

We reserve the right, at our sole discretion, to terminate or suspend your access to our services immediately and without prior notice if we believe you have violated any provision of these Terms or engaged in any prohibited activity.

4. Intellectual Property Rights

The website cafemod.top and all of its content, features, and functionality — including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof — are the exclusive property of Mod Pizza or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our trademarks, service marks, trade names, logos, and other branding elements displayed on our website may not be used in connection with any product or service without the prior written consent of Mod Pizza. All other trademarks not owned by us that appear on our website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

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

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our website or its content for commercial purposes.
• Modify, adapt, translate, or create derivative works based upon our website or its content.
• Remove or alter any copyright, trademark, or other proprietary notices.
• Use our content in any manner that could create a false impression about our business or its affiliations.

Any feedback, suggestions, ideas, or other information you provide to us about our services ("User Submissions") shall be deemed non-confidential and we shall have the right to use such information on an unrestricted basis. By submitting any User Submission, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content in any form or medium.

5. Payment Terms

All purchases made through cafemod.top are subject to the following payment terms:

5.1 Pricing

All prices listed on our website are in United States Dollars (USD) and are subject to change without notice. Prices displayed do not include applicable taxes, delivery fees, or service charges, which will be calculated and displayed during the checkout process before you confirm your order.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as specified on our website at the time of purchase. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

5.3 Order Confirmation

Your order is not confirmed until you receive an electronic order confirmation from us. We reserve the right to cancel or refuse any order at our discretion, including orders that appear to be placed fraudulently or in violation of these Terms.

5.4 Refunds and Cancellations

Due to the perishable nature of our food products, all sales are generally final once an order has been prepared. If you are dissatisfied with your order due to an error on our part or a quality issue, please contact us immediately at [email protected] and we will work to resolve the issue in accordance with our refund policy. Refunds, when applicable, will be issued to the original payment method within a reasonable timeframe.

5.5 Taxes

You are responsible for paying all applicable federal, state, and local taxes associated with your purchases. We will collect and remit applicable sales taxes as required by law. The amount of tax charged may vary based on your location and the nature of the items purchased.

5.6 Promotional Codes and Discounts

Promotional codes and discounts are subject to specific terms and conditions issued at the time of the promotion. Promotional codes may not be combined with other offers unless expressly stated. We reserve the right to void or cancel orders where promotional codes have been misused.

6. Disclaimers

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, MOD PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• Any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
• Any warranty that our website will be uninterrupted, timely, secure, or error-free.
• Any warranty regarding the accuracy, reliability, completeness, or currency of any information or content on our website.
• Any warranty that defects or errors will be corrected.
• Any warranty that our website or the servers that make it available are free of viruses or other harmful components.

We do not warrant that the nutritional information, allergen information, or ingredient lists provided on our website are completely accurate or up to date. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly at [email protected] before placing an order to verify ingredient information. We cannot guarantee that our food preparation processes eliminate the risk of cross-contamination with allergens.

We make no warranties or representations about the accuracy or completeness of the content on any websites linked to or from our website. We have no liability or responsibility for any content on such linked websites.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or anticipated savings
• Loss of data or information
• Loss of business opportunity or goodwill
• Personal injury or property damage
• Costs of procurement of substitute goods or services
• Any other damages arising out of or related to your use of, or inability to use, our services

THESE LIMITATIONS APPLY WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MOD PIZZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, MOD PIZZA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MOD PIZZA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in their entirety. In such cases, our liability shall be limited to the fullest extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza and its officers, directors, employees, agents, subsidiaries, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorneys' fees and court costs) arising from or related to:

• Your use of and access to our website and services.
• Your violation of any term or provision of these Terms of Service.
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or proprietary right.
• Any content you submit, post, transmit, or otherwise make available through our services.
• Your violation of any applicable federal, state, or local law or regulation.
• Any claim that your use of our services caused damage to a third party.
• Your fraudulent, negligent, or willful misconduct.

This indemnification obligation will survive the termination of these Terms and your use of our services. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.

9. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms or your use of our services shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Mod Pizza's principal place of business is located, without regard to its conflict of law principles or provisions.

To the extent that any dispute is not subject to the arbitration provisions set forth below, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located within the United States for the purpose of litigating all such claims or disputes. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Our services are intended for use by residents of the United States. We make no representation that our website or services are appropriate or available for use in locations outside the United States. Those who choose to access our website from outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

These Terms shall be interpreted consistent with applicable United States federal law, including the Federal Trade Commission Act (FTC Act), which governs consumer protection and prohibits unfair or deceptive business practices. Where applicable, California residents may also have rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) as further described in our Privacy Policy.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof ("Dispute") informally by contacting us at [email protected]. We will use good faith efforts to resolve the Dispute informally within thirty (30) days of receiving notice of the Dispute. If we are unable to resolve the Dispute informally within that period, either party may proceed to the dispute resolution procedures set forth below.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES INDIVIDUAL ARBITRATION OF DISPUTES RATHER THAN CLASS ACTION LAWSUITS.

If informal resolution is unsuccessful, any Dispute shall be finally resolved by binding arbitration administered in the United States in accordance with the rules of the American Arbitration Association (AAA) then in effect. The arbitration shall be conducted in English and the arbitrator's decision shall be final and binding on both parties.

You and Mod Pizza agree that any arbitration shall be conducted on an individual basis only and not as a class, consolidated, or representative action. YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

10.3 Exceptions to Arbitration

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 intellectual property rights, confidential information, or other proprietary rights.

10.4 Time Limitation

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE. IF NOT FILED WITHIN ONE YEAR, THE CLAIM IS PERMANENTLY BARRED.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you continue to access or use our website and services. Some provisions of these Terms, by their nature, shall survive termination, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

11.2 Termination by You

You may terminate your account and cease using our services at any time by contacting us at [email protected] or by deleting your account through the account management features on our website.

11.3 Termination by Us

We reserve the right, at our sole discretion, to suspend or terminate your account and access to our services, with or without notice, and with or without cause, for any reason, including but not limited to:

• Violations of these Terms or our policies.
• Fraudulent, abusive, or illegal activity.
• Non-payment of outstanding amounts owed to us.
• Behavior that is harmful to other users, third parties, or us.
• Business reasons, including discontinuation of services.

11.4 Effect of Termination

Upon termination of your account or access to our services, any outstanding orders may be cancelled, any unused loyalty points or credits may be forfeited, and any licenses granted to you under these Terms will immediately cease. We shall have no liability to you for any termination of your account or access to our services.

12. Changes to Terms

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. We may also, at our discretion, provide additional notice of significant changes via email to the address associated with your account or through a prominent notice on our website.

It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued use of our website and services after any changes to these Terms constitutes your binding acceptance of such changes. If you do not agree to the modified Terms, you must immediately discontinue your use of our services.

We will not make changes to these Terms that retroactively diminish your rights with respect to completed transactions. However, changes may affect your rights and obligations for future transactions.

13. Severability

If any provision of these Terms of Service is found to be invalid, illegal, unenforceable, or in conflict with applicable law by a court of competent jurisdiction or an arbitrator, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these Terms. In either case, the remaining provisions of these Terms shall continue in full force and effect and shall not be impaired or invalidated in any way.

The invalidity or unenforceability of any particular provision of these Terms in any jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction or any other provision of these Terms.

No waiver of any term or provision 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.

14. Additional Provisions

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by us on our website, constitute the entire agreement between you and Mod Pizza with respect to your use of our website and services, and supersede all prior and contemporaneous agreements, negotiations, representations, and understandings between you and us regarding such subject matter.

14.2 No Agency Relationship

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

14.3 Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, war, terrorism, labor disputes, power outages, government actions, internet or telecommunications failures, or any other event of force majeure. In such circumstances, we will use commercially reasonable efforts to resume normal operations as soon as practicable.

14.4 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may freely assign, transfer, or delegate our rights and obligations under these Terms, including in connection with a merger, acquisition, corporate reorganization, or sale of assets. These Terms are binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

14.5 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect. They shall not be used to interpret or construe any provision of these Terms.

14.6 Electronic Communications

By using our services or communicating with us electronically, you consent to receive communications from us electronically. We may communicate with you by email, by posting notices on our website, or through other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. Contact Information

If you have any questions, concerns, or comments about these Terms of Service or our services, please do not hesitate to contact us. We are committed to providing excellent customer service and will make every effort to respond to your inquiry promptly.

These Terms of Service were last updated on July 1, 2026, and are effective as of that date. By continuing to use our website and services, you confirm your agreement to these Terms. Thank you for choosing Mod Pizza — we look forward to serving you.