Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at pizz-pizzana.digital (the "Website") or any services offered by Pizzana ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue use of the Website and our services.

1. Acceptance of Terms

By accessing, browsing, or using the Website at pizz-pizzana.digital, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference. These Terms constitute a binding legal contract between you ("User," "Customer," or "you") and Pizzana.

You represent and warrant that you are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), that you are using the Website with the knowledge, supervision, and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. Individuals under the age of thirteen (13) are not permitted to use this Website.

Your continued use of the Website following the posting of any modifications or updates to these Terms shall constitute your acceptance of such changes. We encourage you to review these Terms periodically to remain informed of any updates.

2. Company Information

These Terms of Service are entered into between you and:

3. Description of Services

Pizzana is a food service business operating in the United States that provides customers with the ability to browse our menu offerings, place online food orders, schedule pickup or delivery services, and engage with our brand through our digital platform located at pizz-pizzana.digital. Our services include, but are not limited to:

• Online Menu Access: Customers may view our full menu, including food items, pricing, ingredients, and available customization options.
• Online Ordering: Customers may place food orders through the Website for pickup or delivery, subject to availability, geographic limitations, and operational hours.
• Account Creation: Users may create personal accounts to save preferences, view order history, manage loyalty rewards (if applicable), and expedite future transactions.
• Promotions and Special Offers: We may from time to time offer promotional discounts, loyalty programs, coupons, or limited-time deals accessible through the Website.
• Customer Support: We provide customer service assistance via email at [email protected] and any other channels identified on the Website.
• Informational Content: The Website may feature blog posts, nutritional information, and other food-related content for informational purposes.

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. Menu items, prices, and availability are subject to change without prior notice.

4. User Accounts and Registration

Certain features of the Website may require you to create an account. When registering for an account, you agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Keep your login credentials, including your password, confidential and secure.
• Accept responsibility for all activities that occur under your account, whether or not you authorized such activities.
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other security breach.

We reserve the right to suspend or terminate your account at our sole discretion, without notice, if we reasonably believe that you have violated any provision of these Terms or if your conduct poses a risk to Pizzana, other users, or third parties. You may not transfer, sell, or assign your account to any third party without our prior written consent.

5. User Obligations and Prohibited Activities

By using our Website and services, you agree to use them only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations in the United States. You specifically agree that you will not:

• Use the Website for any fraudulent, illegal, or unauthorized purpose.
• Submit false, misleading, or inaccurate information when placing orders, registering an account, or communicating with us.
• Attempt to gain unauthorized access to any portion of the Website, server, system, or network connected to Pizzana.
• Use any automated tools, bots, scrapers, crawlers, or similar technologies to access, collect, or harvest data from the Website without our prior written consent.
• Introduce any viruses, malware, ransomware, Trojan horses, worms, or other malicious or harmful code into the Website or associated systems.
• Engage in any conduct that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website.
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of any software underlying the Website.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its content without our express written permission.
• Impersonate any person or entity, including any employee or representative of Pizzana.
• Post, transmit, or distribute any content that is defamatory, obscene, offensive, harmful, threatening, or that violates the rights of any third party.
• Use our services to send unsolicited commercial communications (spam) to any person.
• Violate any applicable food safety regulations, consumer protection laws, or other applicable laws and regulations of the United States.
• Engage in any activity that constitutes unfair competition or that is likely to cause confusion or dilute the goodwill associated with the Pizzana brand.

Any violation of these prohibitions may result in the immediate termination of your right to use the Website, and we reserve the right to pursue all available legal remedies against you.

6. Orders, Pricing, and Payment Terms

6.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected food items subject to these Terms. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at any time, including after confirmation, for reasons including but not limited to product unavailability, errors in pricing or product description, or suspicion of fraudulent activity.

6.2 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Prices are subject to change without prior notice. In the event of a pricing error, we reserve the right to cancel the affected order and notify you of the error. Delivery fees, service charges, and gratuity (where applicable) will be disclosed prior to the completion of your order.

6.3 Payment

We accept payment through the methods displayed on the Website at the time of your order. By submitting payment information, you represent and warrant that:

• You are authorized to use the payment method provided.
• The payment information you provide is accurate and complete.
• You authorize us to charge the applicable fees to your designated payment method.

All payment transactions are processed through secure, third-party payment processors. We do not store your full payment card information on our servers. Your use of third-party payment processors is subject to their respective terms of service and privacy policies.

6.4 Refunds and Cancellations

Once an order has been confirmed and preparation has begun, cancellations may not be possible. Refund eligibility will be evaluated on a case-by-case basis. If you are dissatisfied with your order due to quality issues or errors attributable to us, please contact us at [email protected] within a reasonable time following receipt of your order. We reserve the right to offer a refund, store credit, or replacement at our sole discretion. Chargebacks initiated without contacting us first may result in the suspension or termination of your account.

6.5 Promotions and Discount Codes

Promotional offers, coupons, and discount codes are subject to their individual terms and expiration dates. Only one promotional offer may be applied per order unless otherwise stated. We reserve the right to modify or discontinue any promotional offer at any time without notice. Misuse or fraudulent use of promotional codes will result in the cancellation of the associated order and may result in account termination.

7. Delivery and Pickup

Delivery services, where available, are subject to geographic limitations, minimum order requirements, and estimated delivery timeframes. Estimated delivery times are approximations only and are not guaranteed. Factors including weather conditions, traffic, and high order volume may affect delivery times, and Pizzana shall not be held liable for delays beyond our reasonable control.

It is your responsibility to provide accurate delivery address information. If an order cannot be delivered due to an incorrect address provided by you, we may not be able to issue a refund. For pickup orders, you are responsible for collecting your order within the timeframe communicated at the time of purchase. We are not responsible for the quality of food items that have been left uncollected beyond the designated pickup window.

8. Intellectual Property Rights

All content appearing on the Website, including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, data compilations, page designs, software, and the overall "look and feel" of the Website (collectively, "Content"), is the exclusive property of Pizzana or its licensors and is protected by United States copyright law, trademark law, trade dress law, and other applicable intellectual property laws and treaties.

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

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial purposes of ordering food and accessing related services. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works of any Content.
• Use any Content for commercial purposes without our express written consent.
• Remove any copyright, trademark, or other proprietary notices from any Content.
• Frame or mirror any portion of the Website on any other website or platform.

Any unauthorized use of the Content terminates this limited license and may constitute a violation of applicable intellectual property laws, for which Pizzana reserves all rights and remedies.

9. User-Generated Content

If you submit reviews, comments, feedback, suggestions, photographs, or any other content ("User Content") to us through the Website, social media, or any other channel, you grant Pizzana a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

You represent and warrant that: (a) you own or otherwise have the right to grant the license set forth above; (b) your User Content does not violate any third party's intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights; and (c) your User Content does not violate any applicable law or regulation.

We reserve the right, but are not obligated, to monitor, edit, or remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

10. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Pizzana. These links are provided for your convenience only and do not constitute an endorsement, sponsorship, or recommendation by Pizzana. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Pizzana shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party content, goods, or services available through any such links. We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites you visit.

11. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL SERVICES, CONTENT, AND INFORMATION PROVIDED BY PIZZANA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. PIZZANA EXPRESSLY DISCLAIMS 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 FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION DISPLAYED ON THE WEBSITE.
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD ITEMS ORDERED THROUGH THE WEBSITE FOR ANY PARTICULAR DIETARY NEED OR HEALTH CONDITION.

Nutritional and allergen information provided on the Website is for general informational purposes only. It is your responsibility to inform our staff of any allergies, dietary restrictions, or medical conditions prior to placing your order. Pizzana cannot guarantee that any food item is free from allergens, as our kitchen handles common allergens including nuts, gluten, dairy, eggs, and other ingredients. Individuals with severe allergies are strongly advised to contact us directly before ordering.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not fully apply to you.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW IN THE UNITED STATES, IN NO EVENT SHALL PIZZANA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES.
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES.
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN.
• ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE WEBSITE BY ANY THIRD PARTY.
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.

IN ANY CASE, PIZZANA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PIZZANA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if Pizzana has been advised of the possibility of such damages. Some jurisdictions do not allow limitations on implied warranties or exclusions of liability for incidental or consequential damages, so the above limitations may not apply to you in their entirety.

13. Indemnification

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

• Your violation of these Terms of Service.
• Your use or misuse of the Website or services.
• Any User Content you submit, post, transmit, or otherwise make available through the Website.
• Your violation of any applicable federal, state, or local law or regulation.
• Your violation of any third party's rights, including intellectual property rights, privacy rights, or publicity rights.
• Any misrepresentation made by you to Pizzana or any third party in connection with your use of the Website.

We reserve the right, at your expense, to assume the 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 matter without the prior written consent of Pizzana.

14. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America, including applicable federal laws and regulations, without regard to its conflict of law provisions.

To the extent that state law applies, the laws of the state in which Pizzana's principal place of business is located shall govern. You agree that any legal action or proceeding relating to your access to or use of the Website or these Terms shall be instituted in a state or federal court of competent jurisdiction within the United States. You agree to submit to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such proceeding in such courts.

These Terms are subject to applicable consumer protection laws of the United States, including the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45 et seq., which prohibits unfair or deceptive acts or practices in or affecting commerce. To the extent our business operates in or serves customers in California, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) may also apply to the handling of your personal information, as further described in our Privacy Policy.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Pizzana in good faith by email at [email protected] to describe the nature of your dispute and the relief you seek. We will attempt to resolve the dispute informally within thirty (30) calendar days of receiving your notice. If we are unable to resolve the dispute informally within this period, either party may proceed to formal dispute resolution as set forth below.

15.2 Binding Arbitration

Except as provided below, you and Pizzana agree that any dispute, claim, or controversy arising out of or relating to these Terms, or to your use of the Website or services, shall be resolved exclusively by final and binding arbitration, rather than in court. The arbitration shall be conducted by a nationally recognized arbitration organization, such as the American Arbitration Association (AAA), in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in the English language, and the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND PIZZANA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Pizzana agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

15.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Additionally, if applicable law prohibits arbitration of a particular claim, such claim shall be brought in the appropriate court, and the remaining claims shall proceed to arbitration.

15.5 Opt-Out Right

You have the right to opt out of the arbitration agreement by sending written notice of your decision to opt out to [email protected] within thirty (30) days of first becoming subject to this arbitration agreement. Your notice must include your name, address, and a clear statement that you want to opt out of the arbitration agreement.

16. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Website or any of our services. We reserve the right, in our sole discretion, to:

• Suspend or terminate your account and your access to the Website and services, at any time and without prior notice, for any reason, including if we believe you have violated these Terms.
• Discontinue all or part of our services, temporarily or permanently, at any time.

You may terminate your account at any time by contacting us at [email protected]. Upon termination, your right to use the Website and services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights provisions, disclaimers, limitations of liability, indemnification obligations, dispute resolution, and governing law.

17. Changes to These Terms

We reserve the right to modify, update, or replace these Terms of Service at any time and 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. We may also, at our discretion, provide additional notice such as an email notification or a prominent notice on the Website.

Your continued access to or use of our Website and services following the posting of revised Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically to stay informed of any updates. If you do not agree to the revised Terms, you must stop using the Website and our services immediately.

18. Severability

If any provision of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision under this section shall not affect the validity and enforceability of the rest of these Terms, which shall continue in full force and effect.

The parties further agree that the unenforceable provision will be replaced by a provision that is enforceable and most nearly reflects the intent of the original provision to the maximum extent permitted by applicable law.

19. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Pizzana on the Website, constitute the entire agreement between you and Pizzana with respect to your use of the Website and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

No waiver by Pizzana of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Pizzana to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Force Majeure

Pizzana shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation): strikes, lock-outs, or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations, or restrictions of any government or regulatory authority.

21. Accessibility

Pizzana is committed to ensuring that our Website is accessible to all individuals, including those with disabilities, in compliance with applicable law including the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience any difficulty accessing content on our Website due to a disability or accessibility need, please contact us at [email protected] so that we may assist you and work toward improving accessibility.

22. Electronic Communications Consent

By creating an account or otherwise using our Website, you consent to receive electronic communications from Pizzana, including email communications, push notifications (if applicable), and other digital communications. You agree that all agreements, notices, disclosures, and other communications 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 contained in any marketing email or by contacting us at [email protected]. However, you acknowledge that we may continue to send you transactional communications related to your orders and account.

23. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service or our services, please do not hesitate to contact us using the information below. We will make every effort to respond to your inquiry within a reasonable timeframe.