Terms of Service

Effective Date: April 4, 2026  |  Last Updated: April 4, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and the operator of pizzassimos.top ("Company," "we," "us," or "our"), governing your access to and use of the website located at pizzassimos.top and all related services, features, content, and functionality offered through it (collectively, the "Services").

By visiting our website, creating an account, placing an online order, subscribing to communications, or engaging with any portion of our digital or physical services, you expressly accept and consent to these Terms in their entirety. Your continued use of the website or Services following any modification to these Terms constitutes your acceptance of the revised Terms.

These Terms apply to all visitors, registered users, customers, and any other individuals or entities who access or use our Services in any capacity. If you are 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" or "your" shall include that entity.

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use our Services. By using our website or placing an order, you represent and warrant that you meet this age requirement. We reserve the right to refuse service to anyone for any reason at any time in compliance with applicable law.

2. Description of Services

We operate an online platform and associated food service business offering the following services:

• Online Food Ordering: Customers may browse our menu and place orders for pizza, appetizers, beverages, desserts, and other food and beverage items through our website.
• Delivery Services: We offer delivery of food orders to addresses within our designated service area, subject to availability, minimum order requirements, delivery fees, and estimated delivery timeframes.
• Carryout/Pickup Services: Customers may place orders online for in-store pickup at our designated location(s).
• Catering and Group Orders: We may offer catering services for special events, group gatherings, or bulk orders, subject to separate terms and advance notice requirements.
• Promotional and Loyalty Programs: From time to time, we may offer promotional deals, discounts, loyalty rewards, or coupon codes, which are subject to their own terms and expiration dates.
• Customer Communications: With your consent, we may send you marketing emails, text messages, or notifications about promotions, new menu items, and service updates.

We reserve the right to modify, suspend, expand, or discontinue any aspect of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

Menu items, prices, availability, and service areas are subject to change without prior notice. Images of food items displayed on our website are for illustrative purposes only and may not exactly represent the finished product. We make reasonable efforts to ensure the accuracy of our menu descriptions, allergen information, and nutritional data, but we do not guarantee complete accuracy.

3. User Accounts and Registration

To access certain features of our Services, including placing online orders, saving your preferences, or participating in loyalty programs, you may be required to create a user account. By 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 account credentials, including your password, confidential and secure.
• Notify us immediately of any unauthorized use of your account or any other breach of security at [email protected].
• Accept responsibility for all activities that occur under your account, whether or not you authorized them.

We reserve the right to refuse registration, terminate accounts, or remove or edit content at our sole discretion. You may not create more than one account, use another person's account without permission, or transfer your account to any other person.

4. User Obligations and Prohibited Activities

By using our Services, you agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to those of the United States. You further agree to use our Services only for lawful purposes and in a manner consistent with these Terms.

4.1 General Obligations

You agree to:

• Provide accurate and truthful information when placing orders, creating accounts, or communicating with us.
• Pay for all orders placed through our platform in a timely manner.
• Ensure that delivery addresses provided are accurate and accessible.
• Treat our staff, delivery personnel, and other users with respect and courtesy.
• Comply with all applicable food safety, health, and sanitation guidelines when receiving food deliveries.

4.2 Prohibited Activities

You are strictly prohibited from engaging in any of the following activities:

• Using our website or Services for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.
• Engaging in fraudulent activity, including placing false or unauthorized orders, using stolen payment information, or submitting fraudulent refund or chargeback requests.
• Attempting to gain unauthorized access to our website, servers, databases, or any other systems or networks connected to our Services.
• Using automated means, bots, crawlers, or scrapers to access, collect, or harvest data from our website without our prior written consent.
• Transmitting or uploading any viruses, malicious code, or other harmful software through our website.
• Impersonating any person or entity, or falsely claiming affiliation with any person, organization, or business.
• Interfering with or disrupting the integrity or performance of our website, servers, or networks.
• Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of our website or any related software.
• Using our Services to transmit unsolicited commercial communications, spam, or any form of mass messaging.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of our Services for commercial purposes without our express written permission.
• Posting or transmitting any content that is defamatory, obscene, offensive, harassing, threatening, or otherwise objectionable.
• Collecting or storing personal information about other users without their consent.

Violation of any of the above prohibitions may result in immediate termination of your account, refusal of service, and/or legal action as permitted by applicable law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and other relevant federal and state statutes.

5. Ordering, Pricing, and Payment Terms

5.1 Order Placement

When you place an order through our website, you are making an offer to purchase the selected items at the listed prices. We reserve the right to accept or decline any order at our discretion. An order is confirmed only when you receive a written confirmation via email or on-screen notification. We reserve the right to cancel orders due to pricing errors, unavailability of items, service area limitations, or suspected fraud.

5.2 Pricing

All prices listed on our website are in U.S. Dollars (USD) and are subject to applicable sales taxes as required by federal, state, and local law. Prices may change without prior notice. Delivery fees, service charges, and gratuity (where applicable) will be disclosed prior to checkout. We are not responsible for pricing errors resulting from technical issues, and we reserve the right to cancel any orders placed at incorrect prices.

5.3 Payment

We accept payment through the methods listed on our website at checkout, which may include major credit cards, debit cards, and other approved electronic payment methods. By providing your 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 payment method.

All transactions are processed through secure third-party payment processors. We do not store complete credit card information on our servers. Disputes related to payment processing are subject to the terms and policies of the relevant payment processor.

5.4 Refunds and Cancellations

Once an order has been confirmed and preparation has begun, cancellations may not be possible. Refunds will be considered on a case-by-case basis in accordance with our Refund Policy. If you believe an error has occurred with your order, please contact us promptly at [email protected]. We reserve the right to issue refunds in the form of store credit at our sole discretion.

6. Delivery Terms

Delivery availability, service areas, and estimated delivery times are subject to change without notice and may be affected by factors including but not limited to weather conditions, high demand periods, staffing availability, and geographic limitations. We do not guarantee specific delivery times and shall not be liable for delays caused by circumstances beyond our reasonable control.

You are responsible for ensuring that a responsible adult is present to receive the delivery. If a delivery cannot be completed due to incorrect address information or no one being available to receive the order, you may not be entitled to a refund. Risk of loss and title for food items pass to you upon delivery to the address provided.

7. Intellectual Property Rights

All content on our website, including but not limited to text, graphics, logos, images, photographs, video content, menu designs, user interface layouts, software, code, and any other materials (collectively, "Content"), is the exclusive property of the Company or its licensors and is protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and other proprietary rights.

Our trademarks, service marks, trade names, and logos displayed on our website are our exclusive property or are used with permission. Nothing in these Terms grants you any right or license to use our trademarks, service marks, trade names, logos, or other proprietary designations.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our website and Services solely for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:

• Reproduce, modify, distribute, transmit, display, perform, or create derivative works from any Content.
• Use any Content for commercial purposes without our prior written consent.
• Remove or alter any copyright, trademark, or other proprietary notices contained in the Content.
• Frame or mirror any portion of our website without our express written permission.

Any unauthorized use of our Content or intellectual property may result in civil and/or criminal liability. If you believe that any content on our website infringes your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement.

8. User-Generated Content

If our website permits you to submit reviews, comments, feedback, photos, or other content ("User Content"), you retain ownership of your User Content but grant us a worldwide, royalty-free, non-exclusive, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our Services and marketing efforts.

You represent and warrant that your User Content does not violate any third-party rights, applicable laws, or these Terms. We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

9. Disclaimer of Warranties

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

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR MATERIALS ON OUR WEBSITE.
• WARRANTIES RELATED TO THE QUALITY, SAFETY, TASTE, OR SUITABILITY OF OUR FOOD PRODUCTS FOR ANY PARTICULAR DIETARY REQUIREMENT OR HEALTH CONDITION.

We do not warrant that our website will meet your requirements or that any errors in the Service will be corrected. You use our Services at your own risk. Nothing in these Terms shall exclude or limit any warranty implied by law that would be unlawful to exclude or limit.

Allergen Notice: Our food products may contain or come into contact with allergens including but not limited to gluten, dairy, eggs, nuts, soy, shellfish, and other common allergens. Customers with food allergies or dietary restrictions should exercise caution and contact us directly before placing an order. We cannot guarantee that any item is completely free of allergens.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND ANY RELEVANT STATE CONSUMER PROTECTION STATUTES, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, OUR SERVICES.
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL.
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES.
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN.
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE.
• ANY ERRORS, MISTAKES, OR INACCURACIES IN OUR CONTENT OR SERVICES.
• DELAYS OR FAILURES IN OUR DELIVERY SERVICES DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE THIRTY (30) DAYS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

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

• Your use or misuse of our Services or website.
• Your violation of any provision of these Terms.
• Your violation of any applicable federal, state, or local law or regulation.
• Your infringement of any intellectual property or other rights of any third party.
• Any User Content you submit, post, transmit, or otherwise make available through our Services.
• Any fraudulent, false, or misleading information you provide to us.

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses. You shall not settle any such claim without our prior written consent.

12. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference and available on our website at pizzassimos.top. By using our Services, you consent to the collection, use, and sharing of your personal information as described in our Privacy Policy.

We are committed to complying with applicable U.S. privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, the Federal Trade Commission Act (15 U.S.C. § 45) regarding unfair or deceptive practices related to consumer data, and applicable state privacy laws.

We implement reasonable security measures to protect your personal information but cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.

13. Third-Party Links and Services

Our website may contain links to third-party websites, applications, or services that are not owned or controlled by us. These links are provided for your convenience only. 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.

Your interactions with third-party websites or services are governed by their respective terms of service and privacy policies. We strongly encourage you to review the terms and privacy policies of any third-party websites you visit.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which our principal place of business is located, without regard to its conflict of law provisions.

Any legal action, suit, or proceeding arising out of or relating to these Terms or our Services that is not subject to arbitration under Section 15 shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue of any such action in such courts.

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded from these Terms.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to contact us at [email protected] and provide a written description of the dispute, your name, contact information, and the relief you are seeking. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally within that period, either party may proceed with formal dispute resolution as described below.

15.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for claims that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms, your use of our Services, or any food product or order (collectively, "Dispute") shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, except as modified herein. The arbitration shall be conducted in the English language. 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 WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

15.4 Opt-Out Right

You may opt out of the arbitration agreement described in this Section by sending written notice to us at [email protected] within thirty (30) days of first agreeing to these Terms. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

16. Term and Termination

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

• Suspend or terminate your account and access to our Services at any time, with or without cause or notice.
• Refuse service to any individual or entity for any lawful reason.
• Discontinue, modify, or restrict our Services or any portion thereof at any time.

Upon termination of your account or these Terms:

• Your license to use our Services will immediately cease.
• Any outstanding orders or obligations shall be addressed in accordance with our applicable policies.
• Provisions of these Terms that by their nature should survive termination shall remain in effect, including but not limited to Sections 7, 9, 10, 11, 14, 15, and 18.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion.

17. 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.
• Post the revised Terms on our website at pizzassimos.top.
• Where required by applicable law, provide notice via email or prominent website notice.

Your continued use of our Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must discontinue your use of our Services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of these Terms will always be available at pizzassimos.top.

18. Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be illegal, invalid, void, unenforceable, or contrary to applicable law, such provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the parties agree to negotiate in good faith a replacement provision that, to the greatest extent possible, achieves the original intent and economic effect of the severed provision.

19. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if made in writing and signed by an authorized representative of the Company. No waiver of any right or provision shall be deemed a further or continuing waiver of such right or provision or a waiver of any other right or provision.

20. Entire Agreement

These Terms, 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 the Company with respect to your use of our Services and supersede all prior and contemporaneous agreements, communications, representations, and understandings, whether written or oral, regarding such subject matter.

If there is any conflict between these Terms and any other agreement you may have with us, these Terms will govern unless the other agreement specifically states otherwise.

21. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, civil unrest, labor disputes, power outages, internet or telecommunications failures, supply chain disruptions, or any other similar events ("Force Majeure Events"). In the event of a Force Majeure Event, we will use reasonable efforts to notify you and to resume normal operations as soon as practicable.

22. Electronic Communications

By using our Services and providing us with your email address or phone number, you consent to receive electronic communications from us, including order confirmations, receipts, promotional offers, and updates regarding our Services. You agree that all agreements, notices, disclosures, and other communications we provide 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]. Opting out of marketing communications will not affect transactional communications related to your orders or account.

23. Compliance with Laws

You agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of our Services. This includes, without limitation:

• The Federal Trade Commission Act (15 U.S.C. § 45) regarding unfair or deceptive acts or practices.
• The CAN-SPAM Act and applicable anti-spam regulations.
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030).
• Applicable state consumer protection laws.
• All applicable food safety regulations under the Food Safety Modernization Act (FSMA) and regulations enforced by the U.S. Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA).

24. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, wish to report a violation, or need to contact us for any purpose described herein, please reach out to us using the following information:

We will make reasonable efforts to respond to your inquiry within a reasonable timeframe. For urgent matters related to food safety, please contact the appropriate local health authority in addition to reaching out to us.