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 Punch Pizza ("Company," "we," "us," or "our"), the operator of the website located at punch-pizza.digital (the "Website"). This Agreement governs your access to and use of the Website, mobile-accessible features, online ordering systems, and all related services we offer.

By accessing, browsing, or using the Website in any manner — including but not limited to placing orders, creating an account, subscribing to promotional communications, or simply viewing content — you affirm that:

• You are at least 18 years of age, or if you are between the ages of 13 and 17, you have obtained verifiable parental or guardian consent;
• You have the legal capacity to enter into a binding agreement under applicable United States law;
• You are not barred from receiving services under the laws of the United States or any other applicable jurisdiction;
• All information you provide to us is accurate, current, and complete.

If you are using the Website on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such case, "you" shall refer to that entity.

2. Description of Services

Punch Pizza is a food service business that provides customers with the ability to browse our menu, place online orders for food and beverage products, schedule pickup or delivery, and engage with promotional content and loyalty programs through our Website. Our services include, but are not limited to:

• Online Menu Browsing: Access to our current menu offerings, including pizza, appetizers, beverages, and other food items, along with descriptions, pricing, and nutritional information where available;
• Online Ordering: The ability to submit orders for pickup or delivery directly through the Website;
• Account Management: Creation and management of a personal user account to track orders, save preferences, and manage payment methods;
• Promotional Communications: Opt-in access to special offers, deals, coupons, and loyalty rewards programs;
• Customer Support: Communication channels to address order inquiries, complaints, feedback, and general questions;
• Third-Party Integrations: Connectivity with third-party payment processors, delivery service providers, and other vendors to facilitate order fulfillment.

We reserve the right, at our sole discretion, to modify, suspend, 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 hours of operation are subject to change without prior notice. Punch Pizza does not guarantee that any specific item will be available at the time of your order. In the event that an ordered item is unavailable, we will make reasonable efforts to notify you and offer an alternative or a full refund.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a condition of your use of the Website and our services, you agree to:

• Provide accurate, truthful, and complete information when registering an account, placing an order, or communicating with us;
• Maintain the confidentiality and security of your account credentials, including your username and password;
• Notify us immediately at [email protected] if you suspect unauthorized access to or use of your account;
• Use the Website solely for lawful purposes and in accordance with these Terms;
• Comply with all applicable local, state, and federal laws and regulations;
• Ensure that any order placed on behalf of another person has been authorized by that individual.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities while using our Website or services:

Violation of any of the above prohibitions may result in immediate termination of your account, refusal of service, and potential legal action. We reserve the right to report any illegal activity to the appropriate law enforcement authorities.

4. Account Registration and Security

While certain features of our Website may be accessible without creating an account, some functions — such as saved addresses, order history, and loyalty rewards — require you to register. When creating an account, you agree to:

• Provide a valid email address, accurate personal information, and a secure password;
• Not share your account credentials with any third party;
• Take full responsibility for all activities conducted through your account;
• Log out from your account at the end of each session when using a shared or public device.

You are solely responsible for maintaining the confidentiality of your account. Punch Pizza will not be liable for any loss or damage arising from unauthorized use of your account. You may delete your account at any time by contacting us at [email protected].

5. Payment Terms

5.1 Pricing and Payment Methods

All prices displayed on the Website are in United States Dollars (USD) and are inclusive or exclusive of applicable sales tax, as indicated at checkout. We accept major credit and debit cards, and other payment methods as may be made available from time to time. Payment is processed through secure third-party payment processors. By submitting your payment information, you authorize us and our payment processors to charge the applicable amount to your designated payment method.

5.2 Order Confirmation

An order is not confirmed until you receive an email confirmation from us. We reserve the right to refuse, cancel, or limit any order at our sole discretion, including orders that appear to be placed by dealers, resellers, or distributors, or orders that we believe may be fraudulent.

5.3 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been accepted and preparation has begun. However, if you experience an issue with your order — such as receiving incorrect items, missing items, or a product that does not meet quality standards — please contact us within 24 hours of receiving your order at [email protected]. We will review your request and, at our discretion, offer a replacement, store credit, or refund as appropriate.

Order cancellations may be made only before preparation has commenced. Once an order enters the preparation stage, it cannot be cancelled.

5.4 Promotional Offers and Discounts

Promotional codes, coupons, and discount offers are subject to their own terms and conditions and may not be combined unless expressly stated. Punch Pizza reserves the right to withdraw or modify any promotional offer at any time. Misuse or abuse of promotional offers may result in the cancellation of orders and/or suspension of your account.

6. Intellectual Property Rights

All content and materials available on the Website, including but not limited to text, graphics, logos, menu design, photographs, images, icons, audio clips, video clips, digital downloads, data compilations, and software, are the property of Punch Pizza or its content suppliers and are protected by applicable intellectual property laws, including United States copyright law, trademark law, and trade secret law.

The Punch Pizza name, logo, and all related marks, product names, and trade dress are trademarks or registered trademarks of Punch Pizza. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these materials in any way without our prior written consent. Any unauthorized use may violate applicable intellectual property laws and other applicable laws and regulations.

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

• Resell or make any commercial use of the Website or its contents;
• Download or copy any account information for the benefit of another party;
• Use data mining, robots, or similar data gathering and extraction tools;
• Create any derivative works based on the Website or its content.

If you believe that any content on our Website infringes your intellectual property rights, please notify us at [email protected] with a detailed description of the alleged infringement.

7. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources, including delivery platforms, payment processors, and social media platforms. These links are provided solely for your convenience and informational purposes. Punch Pizza does not endorse and is not responsible for the content, products, services, privacy practices, or terms and conditions of any third-party websites or services.

Your interactions with third-party platforms are governed solely by their respective terms and privacy policies. We strongly encourage you to review those policies before engaging with any third-party services. Punch Pizza shall not be liable for any loss or damage incurred as a result of your use of or reliance on any third-party content, services, or resources.

8. Disclaimers and "As-Is" Basis

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

• Implied Warranties: Any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement;
• Service Continuity: That the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components;
• Accuracy: That the information and materials on the Website, including menu items, prices, and availability, will be accurate, complete, or current at all times;
• Results: That the use of our services will produce any specific outcome or result;
• Third-Party Content: That content provided by third parties, including reviews or delivery estimates, is accurate or reliable.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, the implied warranties are limited to the greatest extent permitted by applicable law.

Punch Pizza does not warrant that food items are free from allergens. It is the responsibility of the Customer to inform us of any dietary restrictions or allergies prior to placing an order, and to review published allergen information. Customers with serious food allergies are advised to contact us directly before ordering.

9. Limitation of Liability

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

• Indirect Damages: Indirect, incidental, special, exemplary, punitive, or consequential damages;
• Loss of Data or Profits: Loss of data, revenue, profits, goodwill, business, or anticipated savings;
• Service Interruption: Damages arising from interruption, suspension, or termination of the Website or services;
• Third-Party Actions: Damages arising from the acts or omissions of third-party service providers, delivery drivers, or payment processors;
• Unauthorized Access: Damages resulting from unauthorized access to or alteration of your data or transmissions.

IN ANY EVENT, PUNCH PIZZA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PUNCH PIZZA IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. If you are located in such a state, the above limitation may not apply to you to the extent prohibited by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Punch Pizza and its owners, officers, directors, employees, agents, contractors, affiliates, and successors 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 any of our services;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your infringement of any intellectual property or other rights of any third party;
• Any content or information you submit, post, or transmit through the Website;
• Your negligence, willful misconduct, or fraudulent activity;
• Any dispute between you and a third party related to or arising from your use of our services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate with us in asserting any available defenses.

11. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state in which Punch Pizza operates, without regard to conflicts of law principles. To the extent applicable, the following federal laws may apply to your use of our services:

• Federal Trade Commission Act (15 U.S.C. § 41 et seq.): Governing unfair or deceptive acts and practices in commerce;
• Computer Fraud and Abuse Act (18 U.S.C. § 1030): Governing unauthorized access to computer systems;
• CAN-SPAM Act (15 U.S.C. § 7701 et seq.): Governing commercial electronic communications;
• Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.): Validating electronic agreements and signatures;
• California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA): To the extent applicable for California residents interacting with our services.

You agree that any legal action or proceeding arising out of or related to these Terms or your use of the Website shall be brought exclusively in the competent courts of the United States. You hereby consent to the personal jurisdiction of such courts and waive any objection to venue in such proceedings.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Punch Pizza at [email protected] and describe the nature of your dispute in detail. We will use good-faith efforts to resolve any dispute informally within thirty (30) calendar days of receiving your notice. If the dispute is not resolved within this period, either party may proceed to the formal dispute resolution process outlined below.

12.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES — INCLUDING QUESTIONS OF VALIDITY, INTERPRETATION, FORMATION, OR BREACH — SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH AND SHALL TAKE PLACE ON AN INDIVIDUAL BASIS.

By agreeing to these Terms, you and Punch Pizza each waive the right to a jury trial and the right to participate in class action litigation. The arbitrator shall have the authority to award any relief that a court of competent jurisdiction could award. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND PUNCH PIZZA 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. Unless both you and Punch Pizza agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

12.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or to address issues related to data security breaches.

13. Term and Termination

13.1 Duration

These Terms of Service are effective as of the date you first access or use the Website and shall continue in full force and effect until terminated in accordance with this section.

13.2 Termination by You

You may terminate your use of our services and close your account at any time by ceasing to use the Website and contacting us at [email protected] to request account deletion. Termination does not relieve you of any obligations incurred prior to the termination date, including outstanding payment obligations.

13.3 Termination by Punch Pizza

Punch Pizza reserves the right, in its sole discretion, to suspend or terminate your account and access to the Website and services at any time, with or without notice, for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Failure to pay for orders placed;
• Requests from law enforcement or regulatory authorities;
• Extended periods of account inactivity;
• Discontinuation of our services.

13.4 Effect of Termination

Upon termination, your right to access and use the Website and services shall immediately cease. Any provisions of these Terms that by their nature should survive termination — including, without limitation, intellectual property provisions, disclaimers, limitation of liability, indemnification, and dispute resolution — shall survive and remain in full force and effect.

14. Changes to Terms

Punch Pizza reserves the right to modify, update, or replace any part of these Terms of Service at any time at our sole discretion. When we make material changes, we will notify you by:

• Posting the revised Terms on this page with an updated "Last Updated" date;
• Sending a notification to the email address associated with your account (if applicable); and/or
• Displaying a prominent notice on the Website.

Your continued use of the Website or our services following the posting of any changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of the Website and services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

For non-material changes — such as corrections of typographical errors, updates to contact information, or clarifications that do not alter the substance of your rights — we may update the Terms without specific notice, though the "Last Updated" date will reflect any revisions.

15. Severability

If any provision of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity or unenforceability of any such provision shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.

The parties further agree that the intent reflected in any invalid or unenforceable provision shall, to the greatest extent possible, be given effect through valid and enforceable substitute provisions that most nearly achieve the same economic and legal effects as the original provisions.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Punch Pizza on the Website, constitute the entire agreement between you and Punch Pizza regarding your use of the Website and services. This Agreement supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties relating to the subject matter herein.

No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Punch Pizza. No waiver shall be deemed a continuing waiver or a waiver of any other right under these Terms.

17. Force Majeure

Punch Pizza shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental restrictions, labor disputes, supply chain disruptions, internet outages, power failures, civil unrest, or acts of terrorism. In the event of a force majeure event, we will use commercially reasonable efforts to resume normal operations as quickly as practicable.

18. Electronic Communications

By using our Website, creating an account, or placing an order, you consent to receive electronic communications from Punch Pizza, including order confirmations, account notifications, promotional materials (subject to your opt-in preferences), and updates to these Terms. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically satisfy any applicable legal requirement that such communications be in writing.

In accordance with the CAN-SPAM Act and applicable state anti-spam laws, all promotional emails will include a clear and conspicuous opt-out mechanism. You may opt out of promotional communications at any time by clicking the "unsubscribe" link in any marketing email or by contacting us directly at [email protected]. Please note that opting out of promotional communications will not affect transactional communications related to active orders or account management.

19. Accessibility

Punch Pizza is committed to ensuring digital accessibility for people with disabilities. We continuously work to improve the accessibility of our Website in accordance with the Web Content Accessibility Guidelines (WCAG) 2.1 and applicable provisions of the Americans with Disabilities Act (ADA). If you experience difficulty accessing any part of our Website, please contact us at [email protected] and we will make reasonable accommodations to assist you.

20. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you wish to exercise any of your rights under applicable law, please contact us using the details below: