Terms of Service

Effective Date: May 30, 2026  |  Last Updated: May 30, 2026

1. Acceptance of Terms

Welcome to Pizza Factory ("we," "our," "us," or the "Company"). These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Pizza Factory governing your access to and use of the website located at factorypizza.digital (the "Website"), as well as any related services, features, content, applications, or products offered by us (collectively, the "Services").

By accessing our Website, placing an order, creating an account, subscribing to any promotional communications, or otherwise engaging with our Services in any manner, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms in their entirety;
• You are at least eighteen (18) years of age or have the legal capacity to enter into a binding contract under applicable law;
• You have the authority to enter into this Agreement on behalf of yourself or the entity you represent;
• Your use of the Services complies with all applicable local, state, and federal laws and regulations.

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 the terms "you" and "your" refer to that entity.

We reserve the right to update, modify, or replace any portion of these Terms at any time in accordance with the provisions set forth in Section 12 below. Your continued use of our Services following the posting of any changes constitutes your acceptance of those changes.

2. Description of Services

Pizza Factory operates as a food service business offering customers the ability to browse our menu, place orders for food products including but not limited to pizzas, appetizers, beverages, desserts, and other food and beverage items (collectively, "Products"), and complete transactions through our digital platform located at factorypizza.digital.

Our Services include, without limitation:

• Online Ordering: The ability to browse our menu and place orders for pickup or delivery through our Website;
• Account Management: Creation and management of a personal customer account to track orders, save preferences, and manage payment methods;
• Promotional Communications: Receipt of newsletters, promotional offers, discount codes, and loyalty program communications (subject to your marketing preferences);
• Customer Support: Access to our customer service team for assistance with orders, complaints, and general inquiries;
• Digital Content: Access to our menu descriptions, images, nutritional information (where provided), and other informational content.

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, pricing, availability, and delivery zones are subject to change without prior notice and may vary by location and time of day.

Pizza Factory does not guarantee that any particular menu item will be available at any given time. In the event that an ordered item becomes unavailable after your order is confirmed, we will contact you using the information provided at the time of ordering to offer an alternative or a refund for the unavailable item.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of our Services, you agree to:

• Provide accurate, current, and complete information when registering an account or placing an order;
• Maintain the security and confidentiality of your account credentials and notify us immediately of any unauthorized access or suspected security breach;
• Keep your account information, including contact details and payment information, accurate and up to date;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Services;
• Be present at the designated delivery address at the scheduled delivery time or make appropriate arrangements for receipt of your order;
• Treat our employees, contractors, and delivery personnel with respect and dignity.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities in connection with our Services:

• Submitting false, misleading, or fraudulent orders or providing false personal or payment information;
• Using the Website for any illegal purpose or in violation of any federal, state, or local law or regulation;
• Attempting to gain unauthorized access to our systems, servers, databases, or networks;
• Introducing viruses, malware, ransomware, Trojan horses, worms, or other malicious or technologically harmful software;
• Engaging in scraping, data mining, harvesting, or any systematic extraction of data from our Website without our prior written consent;
• Using automated tools, bots, or scripts to interact with our Website or place orders;
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
• Harassing, threatening, intimidating, or abusing our staff, contractors, or other users in any manner;
• Posting or transmitting any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable;
• Attempting to reverse engineer, decompile, or disassemble any software or technology used on our Website;
• Using our Services for any commercial purpose without our prior written authorization, including reselling our Products;
• Circumventing or attempting to circumvent any technological protection measures on our Website;
• Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of our Services;
• Misusing our promotional offers, discount codes, or loyalty programs by exploiting technical errors or engaging in fraudulent activity.

Violation of any of the above prohibitions may result in immediate termination of your account and access to our Services, as well as potential civil or criminal liability under applicable law.

4. Intellectual Property Rights

All content, materials, features, and functionality on our Website, including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, digital downloads, data compilations, software, and the overall design and appearance of the Website (collectively, "Content"), are the exclusive property of Pizza Factory or its content suppliers and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

The Pizza Factory name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Pizza Factory or its affiliates. You may not use any of these marks without the prior written permission of Pizza Factory. Other trademarks, service marks, and logos displayed on our Website are the property of their respective owners.

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

• Reproduce, distribute, or publicly display any portion of our Content;
• Create derivative works based on our Content;
• Use our Content for any commercial purpose without our express written consent;
• Remove or alter any copyright, trademark, or other proprietary notices;
• Frame or mirror any portion of our Website on any other server or wireless or internet-based device.

Any unauthorized use of our intellectual property terminates the limited license granted herein and may subject you to legal liability. If you believe that any content on our Website infringes your intellectual property rights, please contact us at [email protected].

5. Ordering, Payment, and Pricing

5.1 Order Placement and Acceptance

When you place an order through our Website, you are making an offer to purchase the selected Products subject to these Terms. Your order constitutes an offer, and we reserve the right to accept or decline any order at our sole discretion. An order is not confirmed until you receive an order confirmation from us via email or through our Website.

We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or product descriptions, suspected fraud, or delivery restrictions in your area.

5.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes, delivery fees, or service charges unless expressly stated. The total cost of your order, including all applicable taxes and fees, will be displayed before you confirm your purchase.

We make every effort to ensure pricing accuracy; however, we reserve the right to correct any pricing errors. If an error is discovered after your order is confirmed, we will contact you to offer you the choice of proceeding at the correct price or canceling your order.

5.3 Payment

We accept various forms of electronic payment as indicated on our Website at the time of ordering. By providing 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. You authorize us to charge your designated payment method for the full amount of your order.

All payment transactions are processed through secure third-party payment processors. We do not store complete credit card numbers on our servers. By using our payment services, you also agree to the applicable terms and conditions of our payment processors.

5.4 Refunds and Cancellations

Once an order has been accepted and confirmed, it may not be possible to cancel. If you wish to cancel an order, please contact us immediately at [email protected]. Refunds will be considered on a case-by-case basis. If your order arrives damaged, incorrect, or in an unsatisfactory condition due to our error, please contact us within a reasonable time following delivery, and we will work to resolve your concern promptly.

6. Delivery Services

Delivery availability, timing, and minimum order requirements vary by location. Estimated delivery times provided on our Website are estimates only and are not guaranteed. Pizza Factory shall not be liable for any delays in delivery caused by factors beyond our reasonable control, including traffic conditions, adverse weather, third-party delivery service failures, or other force majeure events.

You are responsible for ensuring that a responsible adult is available to receive the delivery at the designated address. If delivery cannot be completed due to your unavailability or other factors attributable to you, we reserve the right to charge a re-delivery fee or retain the order amount without refund.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIZZA FACTORY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

• Your access to or use of (or inability to access or use) our Services;
• Any conduct or content of any third party on or through our Services;
• Any content obtained from or through our Services;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any food allergies, dietary issues, or health concerns resulting from consumption of our Products;
• Any interruption, suspension, or termination of our Services;
• Delays in delivery or failure to deliver due to circumstances beyond our reasonable control.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PIZZA FACTORY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so some of the above limitations may not apply to you to the extent prohibited by applicable law. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

This limitation of liability reflects a reasonable allocation of risk between the parties and is a fundamental element of the basis of the bargain between Pizza Factory and you.

8. Disclaimers

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

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON OUR WEBSITE;
• WARRANTIES THAT OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES;
• WARRANTIES THAT ANY ERRORS OR DEFECTS IN OUR WEBSITE WILL BE CORRECTED.

Nutritional, allergen, and ingredient information displayed on our Website is provided for general informational purposes only and may not be entirely accurate. Pizza Factory strongly encourages customers with food allergies, dietary restrictions, or other health concerns to contact us directly before placing an order. Our food products are prepared in facilities that may handle common allergens including but not limited to wheat, dairy, eggs, soy, tree nuts, peanuts, fish, and shellfish. We cannot guarantee that cross-contamination will not occur.

Pizza Factory does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by third parties through our Website or linked websites.

9. Indemnification

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

• Your breach or alleged breach of these Terms;
• Your use or misuse of our Services or Website;
• Your violation of any applicable law, regulation, or the rights of any third party;
• Any content or information you submit, post, or transmit through our Website;
• Your negligence, willful misconduct, or fraudulent activity;
• Any false or inaccurate information provided by you in connection with your use of our Services;
• Your violation of any third party's intellectual property, privacy, or other rights.

Pizza Factory reserves 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. You may not settle any claim without our prior written consent.

10. 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 and the laws of the applicable state in which Pizza Factory operates, without giving effect to any choice or conflict of law provision or rule.

To the extent that any dispute is not resolved through the dispute resolution process outlined in Section 11, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States for the resolution of any claims or disputes arising from these Terms or your use of our Services.

Your use of our Website and Services may also be subject to applicable federal laws, including but not limited to the Federal Trade Commission Act ("FTC Act"), which prohibits unfair or deceptive trade practices, and applicable state consumer protection statutes. Where applicable, California residents may have additional rights under the California Consumer Privacy Act ("CCPA") and the California Privacy Rights Act ("CPRA"), as described in our Privacy Policy.

Nothing in these Terms shall limit your rights as a consumer under applicable mandatory laws of your jurisdiction that cannot be excluded by contract.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute proceeding, you agree to first contact Pizza Factory directly to attempt to resolve the dispute informally. You may contact us by email at [email protected] with a description of your claim and the relief you are seeking. We will attempt to respond and resolve your concern within thirty (30) days of receipt of your notice. Both parties agree to negotiate in good faith to resolve any disputes informally before proceeding to formal arbitration or litigation.

11.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be resolved by binding arbitration administered by a recognized arbitration organization in accordance with its applicable rules. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding on both parties.

The arbitration shall be conducted on an individual basis. YOU AND PIZZA FACTORY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. You may only bring claims in your individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

11.3 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. Such a request shall not constitute a waiver of the obligation to arbitrate other claims.

11.4 Time Limitation

Any claim or cause of action arising from or related to these Terms or our Services must be filed within one (1) year after such claim or cause of action arose, regardless of any statute of limitations to the contrary, to the extent permitted by applicable law. Claims not filed within this period are permanently barred.

12. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use our Services or maintain an account with us. Either party may terminate this Agreement at any time for any reason or no reason.

You may terminate your account and discontinue use of our Services at any time by contacting us at [email protected] and requesting account deletion.

Pizza Factory reserves the right to suspend, restrict, or terminate your access to our Services or delete your account, with or without notice, if:

• You violate or breach any provision of these Terms;
• We suspect fraudulent, abusive, or illegal activity in connection with your account;
• Your conduct may cause legal liability or harm to Pizza Factory, its users, or third parties;
• We are required to do so by applicable law or regulation;
• We decide to discontinue or materially alter our Services.

Upon termination, your right to access and use our Services shall immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4, 7, 8, 9, 10, 11, 13, and 14.

13. Changes to Terms

Pizza Factory reserves the right to amend, modify, update, or replace these Terms at any time at our sole discretion. We will provide notice of material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by sending an email notification to registered users or displaying a prominent notice on our Website.

Changes to these Terms will become effective upon posting to our Website unless otherwise specified. It is your responsibility to review these Terms periodically. Your continued use of our Services following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must immediately discontinue your use of our Services and, if applicable, close your account.

We encourage you to review these Terms regularly to stay informed of any updates. Archived versions of these Terms may be available upon request by contacting us at [email protected].

14. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or in conflict with applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be deemed deleted from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect or impair the validity, legality, or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.

The parties expressly agree that the remaining provisions of these Terms are reasonable and shall be enforced to the greatest extent permitted by applicable law.

15. Additional Legal Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, policies, or terms posted on our Website, constitute the entire agreement between you and Pizza Factory with respect to your use of our Services and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, whether written or oral, relating to the same subject matter.

15.2 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver by Pizza Factory of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default, and shall not affect the other terms hereof.

15.3 No Agency

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, agency, franchise, or fiduciary relationship between Pizza Factory and you. You have no authority to make any representations, warranties, or commitments on behalf of Pizza Factory.

15.4 Assignment

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

15.5 Force Majeure

Pizza Factory shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, civil unrest, strikes, labor disputes, power outages, telecommunications failures, supply chain disruptions, fire, flood, terrorism, or any other cause beyond our reasonable control. In such events, we will make reasonable efforts to resume performance as soon as practicable.

15.6 Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Pizza Factory. We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. We do not warrant or endorse the offerings of any third-party entities. You acknowledge and agree that Pizza Factory 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 such third-party content, goods, or services.

15.7 Accessibility

Pizza Factory is committed to making our Website accessible to all users, including individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) to the extent reasonably practicable. If you experience any accessibility barriers on our Website, please contact us at [email protected] so that we may assist you and work to address any identified issues.

15.8 Electronic Communications

By using our Services, you consent to receiving electronic communications from us, including order confirmations, promotional emails, and other service-related notices. 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 receiving promotional communications at any time by following the unsubscribe instructions in any marketing email or by contacting us directly.

16. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, our Services, or any other matter, please do not hesitate to contact us using the information below:

We will make every effort to respond to your inquiries within a reasonable timeframe. For urgent matters related to an active order, please use the contact information provided on our Website for the most prompt assistance.