Terms of Service

1. Introduction and Acceptance

Welcome to toppers pizza ("we," "us," "our," or "Company"). These Terms of Service ("Terms") govern your access to and use of our website located at topper-pizza.digital, our food delivery and catering services, and any related services provided by toppers pizza (collectively, the "Services").

By accessing or using our Services, placing an order, creating an account, or otherwise engaging with our platform, you ("you," "your," or "User") agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, please do not use our Services.

1.1 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age or the legal age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete information when creating an account or placing orders
• Comply with all applicable laws and regulations
• Be located within our delivery area in Washington, DC and surrounding areas

1.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our Services after such changes constitutes acceptance of the new Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Company," "we," "us," or "our" refers to toppers pizza, a food service business operating in the United States.
• "User," "you," or "your" refers to any individual or entity accessing or using our Services.
• "Services" refers to our food preparation, delivery, catering, online ordering platform, website, and all related services provided by toppers pizza.
• "Content" refers to all information, data, text, images, videos, audio, and other materials available through our Services.
• "Website" refers to topper-pizza.digital and all associated subdomains and pages.
• "Order" refers to any request for food products or services submitted through our platform.
• "Delivery Zone" refers to the geographical areas where we provide delivery services.
• "Account" refers to the user profile created to access our Services.

3. Use of Services

3.1 Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for legitimate food ordering and related purposes. Specifically, you may:

• Browse our menu and product offerings
• Place orders for personal consumption or legitimate business purposes
• Create and maintain a user account
• Access customer support services
• Use our catering services for events and gatherings
• Provide feedback and reviews about our products and services

3.2 Prohibited Use

You agree not to use our Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our Services. Prohibited activities include, but are not limited to:

• Using our Services for any illegal activities or purposes
• Attempting to gain unauthorized access to our systems, accounts, or data
• Interfering with or disrupting our Services or servers
• Using automated systems or software to extract data from our website
• Impersonating any person or entity or misrepresenting your affiliation
• Transmitting spam, unsolicited communications, or promotional materials
• Posting false, misleading, or defamatory content
• Violating any applicable laws, regulations, or third-party rights
• Using our Services to compete with our business or for commercial resale
• Attempting to reverse engineer or modify our software or systems

4. User Accounts

4.1 Account Registration

To access certain features of our Services, you may be required to create an account. When creating an account, you must provide accurate, current, and complete information. You agree to update your account information promptly when changes occur.

4.2 Account Security

You are solely responsible for maintaining the security of your account credentials, including your password. We recommend using a strong, unique password and enabling two-factor authentication when available. You must:

• Keep your login credentials confidential
• Not share your account with others
• Notify us immediately of any suspected unauthorized access
• Log out from shared or public devices

4.3 Account Limitations

Each person may maintain only one active account. Creating multiple accounts to circumvent restrictions or obtain unfair advantages is prohibited and may result in account termination.

4.4 Account Termination Rights

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose a risk to our business or other users. You may also delete your account at any time by contacting customer support.

5. Products and Services

5.1 Product Descriptions and Availability

We strive to provide accurate descriptions, prices, and images of our food products. However, we do not warrant that product descriptions are accurate, complete, or error-free. All products are subject to availability, and we reserve the right to discontinue items without notice.

5.2 Pricing and Payment

All prices are displayed in US Dollars and include applicable taxes unless otherwise stated. Prices are subject to change without notice. Payment is required at the time of order placement through our accepted payment methods. We reserve the right to refuse or cancel orders for any reason, including pricing errors.

5.3 Order Acceptance and Cancellation

Receipt of an order confirmation does not constitute acceptance of your order. We reserve the right to accept or decline orders at our discretion. Orders may be cancelled by us due to:

• Product unavailability
• Pricing errors
• Delivery zone restrictions
• Fraudulent activity suspicions
• Failure to meet minimum order requirements

5.4 Delivery Terms

Delivery services are available within our designated delivery zones during operating hours. Delivery times are estimates and may vary based on order volume, weather conditions, and other factors. We are not liable for delays beyond our reasonable control.

5.5 Food Quality and Temperature

We guarantee that all food items will be prepared using fresh ingredients and proper food safety protocols. Temperature-sensitive items will be delivered in appropriate containers to maintain quality. Any quality issues should be reported within 30 minutes of delivery.

5.6 Allergen Information

While we provide allergen information for our products, we cannot guarantee that any item is completely free from allergens due to potential cross-contamination in our kitchen. Customers with severe allergies should consult with our staff before ordering.

5.7 Refunds and Returns

Our refund and return policy is detailed in our separate Refund Policy document, which is incorporated by reference. Generally, we offer refunds for quality issues, incorrect orders, or service failures as outlined in our policy.

6. Intellectual Property

6.1 Our Intellectual Property

All content on our website and in connection with our Services, including but not limited to text, graphics, logos, images, recipes, software, and design elements, is the property of toppers pizza or our licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License to Users

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

• Reproduce, distribute, or create derivative works
• Use our trademarks or logos without written permission
• Extract or use our recipes for commercial purposes
• Remove copyright or other proprietary notices

6.3 User Content License

By submitting content to our Services (such as reviews, photos, or feedback), you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, distribute, and display such content in connection with our business operations.

6.4 Copyright Infringement

We respect intellectual property rights and expect users to do the same. If you believe your copyright has been infringed, please contact us with detailed information about the alleged infringement.

7. User Content

7.1 Responsibility for Your Content

You are solely responsible for any content you submit, post, or transmit through our Services. You represent and warrant that you own or have the necessary rights to use and authorize us to use your content as described in these Terms.

7.2 Content Standards

All user content must comply with applicable laws and these Terms. Prohibited content includes:

• Illegal, harmful, or threatening material
• Discriminatory or hate speech
• False or misleading information
• Content that infringes on others' rights
• Spam or promotional material
• Explicit or inappropriate content

7.3 Content Removal

We reserve the right to review, edit, or remove any user content at our discretion, particularly content that violates these Terms or applicable laws. However, we are not obligated to monitor user content.

7.4 No Endorsement

We do not endorse any user content or opinions expressed by users. User content does not reflect our views or opinions.

8. Disclaimers

8.1 Service Availability

Our Services are provided on an "as is" and "as available" basis. We do not guarantee that our Services will be uninterrupted, error-free, or free from viruses or other harmful components. We may suspend or discontinue Services for maintenance, updates, or other reasons without prior notice.

8.2 No Warranty

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that:

• Our Services will meet your specific requirements
• Our Services will be available at all times
• Any errors will be corrected promptly
• Our Services are free from security vulnerabilities

8.3 Third-Party Content

Our Services may include content from third parties. We do not endorse, guarantee, or take responsibility for third-party content, and your interactions with third parties are solely between you and such parties.

8.4 Professional Advice

Nothing on our website constitutes professional advice. Information about nutrition, dietary restrictions, or health-related topics is provided for general informational purposes only and should not replace professional medical or nutritional advice.

9. Limitation of Liability

9.1 Maximum Liability

To the fullest extent permitted by law, our total liability for any claims arising from or related to these Terms or your use of our Services shall not exceed the amount paid by you to us in the twelve months preceding the claim.

9.2 Excluded Damages

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or work stoppage
• Personal injury or property damage
• Emotional distress or reputational harm

9.3 Food Safety Limitation

While we maintain high food safety standards, we are not liable for any illness or injury resulting from consumption of our food products, except where such liability cannot be excluded by law.

9.4 Jurisdictional Variations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you. In such cases, our liability is limited to the minimum extent permitted by law.

10. Indemnification

10.1 User Indemnification

You agree to indemnify, defend, and hold harmless toppers pizza, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any laws or regulations
• Your infringement of any third-party rights
• Any content you submit or transmit

10.2 Defense and Settlement

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

10.3 Survival

This indemnification obligation shall survive termination of these Terms and your use of our Services.

11. Third-Party Links and Services

11.1 Third-Party Content

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party services.

11.2 No Endorsement

The inclusion of any links does not imply endorsement by us of the site or any association with its operators. We encourage you to review the terms and privacy policies of any third-party services you visit.

11.3 Third-Party Terms Apply

Your interactions with third-party services are governed by their respective terms of service and privacy policies, not these Terms.

12. Termination

12.1 Termination by Company

We may suspend or terminate your access to our Services immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use our Services ceases immediately.

12.2 Termination by User

You may terminate your account at any time by contacting our customer support. Termination does not relieve you of any obligations incurred prior to termination.

12.3 Effect of Termination

Upon termination:

• Your account and access to Services will be disabled
• You must cease all use of our Services
• We may delete your account data (subject to legal requirements)
• Outstanding payment obligations remain due

12.4 Survival of Terms

The following sections shall survive termination: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and General Provisions.

13. Governing Law and Disputes

13.1 Governing Law

These Terms and any disputes arising from or related to these Terms or our Services shall be governed by and construed in accordance with the laws of the United States and the District of Columbia, without regard to conflict of law principles.

13.2 Dispute Resolution

We encourage you to contact us first to resolve any disputes. If we cannot resolve a dispute through direct communication, either party may pursue resolution through the courts of the District of Columbia.

13.3 Jurisdiction and Venue

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Washington, DC, and you consent to the jurisdiction of such courts.

13.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Changes to Terms

14.1 Right to Modify

We reserve the right to modify these Terms at any time in our sole discretion. Changes may be necessary due to legal requirements, business changes, or service improvements.

14.2 Notification of Changes

We will provide notice of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Modified" date
• Sending email notification to registered users (for significant changes)

14.3 Acceptance of Changes

Your continued use of our Services after the effective date of any changes constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using our Services.

14.4 Review Responsibility

It is your responsibility to review these Terms periodically for changes. We recommend checking this page regularly to stay informed of any updates.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and toppers pizza regarding the use of our Services and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms shall remain in full force and effect.

15.3 Waiver

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

15.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

15.6 Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

16. Contact Information

If you have any questions about these Terms, please contact us using the information below. We aim to respond to all inquiries within 48 hours during business days.