Terms of Service

Effective Date: April 25, 2026  |  Last Updated: April 25, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Davanni's ("Company," "we," "us," or "our"), governing your access to and use of the website pizz-davannis.click (the "Website") and all related services, features, content, and functionality offered by Davanni's, including but not limited to online ordering, menu browsing, promotional activities, and customer support interactions.

By using or accessing our Website, placing an order, creating an account, or otherwise engaging with our services, you represent and warrant 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 legal guardian consent;
• You have the legal capacity and authority to enter into a binding agreement;
• You are not prohibited by any applicable law from using our services;
• All information you provide to us is accurate, complete, and current;
• Your use of our services will comply with these Terms and all applicable local, state, and federal laws and regulations of the United States.

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Continued use of the Website following the posting of any changes constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for updates.

2. Description of Services

Davanni's operates as a food service business providing customers with a variety of food and beverage products, including but not limited to pizza, hoagies, sandwiches, pasta dishes, salads, appetizers, and related menu offerings. Our services are made available through our Website, pizz-davannis.click, and may include the following:

2.1 Online Ordering

We provide an online ordering platform through which customers may browse our menu, customize food items, place orders for delivery or carryout, and process payments electronically. Online ordering is subject to product availability, operating hours, and geographic service areas, which may change without prior notice.

2.2 Menu Information

Our Website provides detailed menu information including item descriptions, pricing, ingredients, and nutritional information where available. While we make every effort to ensure the accuracy of this information, menu items, prices, and availability are subject to change at any time. We do not guarantee that all menu items displayed on the Website will be available at the time of your order.

2.3 Customer Accounts

Users may have the option to create a customer account on our Website, which may allow for saved order history, stored payment information (processed through secure third-party payment processors), and access to promotional offers or loyalty programs. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.4 Promotional and Marketing Communications

With your consent where required by applicable law, we may send you promotional emails, text messages, or other communications regarding special offers, discounts, new menu items, and other Davanni's-related content. You may opt out of such communications at any time in accordance with applicable law, including the CAN-SPAM Act and relevant Federal Trade Commission (FTC) regulations.

2.5 Third-Party Services

Our Website may integrate or link to third-party platforms, services, or applications, including third-party payment processors and delivery service providers. Your use of such third-party services is governed by their respective terms and conditions and privacy policies. We are not responsible for the practices, availability, or content of any third-party services.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a condition of using our Website and services, you agree to:

• Provide accurate, truthful, and complete information when registering an account or placing an order;
• Use our services only for lawful purposes and in a manner consistent with these Terms;
• Promptly update any information you have provided to keep it current and accurate;
• Notify us immediately if you suspect any unauthorized use of your account or any breach of security;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our services;
• Treat our employees, agents, and representatives with respect during all interactions.

3.2 Prohibited Activities

You agree that you will NOT use our Website or services to:

• Violate any applicable law, regulation, or ordinance, including but not limited to laws governing food safety, consumer protection, and electronic commerce;
• Engage in fraudulent activity, including but not limited to submitting false or misleading order information, chargebacks without legitimate basis, or unauthorized use of another person's payment credentials;
• Attempt to gain unauthorized access to our systems, databases, servers, or networks, or attempt to disrupt or interfere with the operation of our Website;
• Transmit any viruses, malware, spyware, ransomware, or other harmful or destructive code;
• Scrape, crawl, or otherwise harvest data from our Website without our express written permission;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our Website or services without express written authorization from Davanni's;
• Use any automated systems, bots, or scripts to access, interact with, or place orders on our Website;
• Engage in any conduct that could damage, disable, overburden, or impair our Website or servers;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Post, transmit, or share any content that is defamatory, obscene, harassing, hateful, discriminatory, or otherwise objectionable;
• Circumvent, disable, or otherwise interfere with any security features of our Website;
• Use our services for any commercial purpose without prior written consent from Davanni's.

Violation of any of the above prohibitions may result in the immediate suspension or termination of your account and access to our services, and may expose you to civil or criminal liability under applicable law.

4. Intellectual Property Rights

4.1 Ownership

The Website and all of its contents, features, and functionality — including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and the arrangement and presentation of such content — are owned by Davanni's, its licensors, or other respective owners, and are protected by United States copyright law, trademark law, trade secret law, and other applicable intellectual property laws and international treaties.

4.2 Trademarks

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

4.3 Limited License

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use our Website solely for your personal, non-commercial purposes in connection with using our services as described herein. This license does not include the right to:

• Modify, adapt, or create derivative works based on our Website or its content;
• Use our Website or its content for commercial purposes without express written consent;
• Remove any copyright, trademark, or other proprietary notices from our Website or content;
• Reproduce, distribute, perform, display, or transmit any content on our Website except as expressly permitted herein.

4.4 User-Generated Content

If you submit, post, or otherwise provide any content to us (including reviews, comments, feedback, or suggestions), you grant Davanni's a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any form or media. You represent and warrant that you own or have the necessary rights to grant this license, and that such content does not infringe any third-party rights.

5. Payment Terms

5.1 Pricing and Payment

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. We reserve the right to modify pricing at any time. The price displayed at the time you submit your order will be the price charged for that order, subject to any applicable taxes, delivery fees, or service charges.

5.2 Accepted Payment Methods

We accept various forms of payment as indicated on our Website at the time of purchase. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order including applicable taxes and fees.

5.3 Taxes

You are responsible for paying all applicable federal, state, and local taxes associated with your purchase. Where required by law, we will collect and remit applicable sales taxes on your behalf.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you experience a problem with your order — such as receiving incorrect items, incomplete orders, or food that does not meet our quality standards — please contact us immediately at [email protected]. Refunds or replacements are issued at our sole discretion on a case-by-case basis. Cancellations must be made before an order enters preparation; once preparation has begun, cancellations may not be accepted.

5.5 Disputed Charges

If you believe you have been charged incorrectly, you must contact us within 30 days of the charge in question. We will investigate your claim and respond in a timely manner. Initiating a chargeback with your financial institution without first contacting us constitutes a breach of these Terms and may result in account suspension.

6. Limitation of Liability

To the fullest extent permitted by applicable law, Davanni's, its affiliates, officers, directors, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:

• Loss of profits, revenue, or business;
• Loss of data or goodwill;
• Personal injury or property damage;
• Unauthorized access to or use of our servers or any personal information stored therein;
• Interruption or cessation of our services;
• Any bugs, viruses, or other harmful code transmitted through our Website by any third party;
• Errors or omissions in any content displayed on our Website;
• Any damages arising from your use of or inability to use our services.

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if Davanni's has been advised of the possibility of such damages.

In no event shall the total aggregate liability of Davanni's 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 Davanni's 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 damages, so some of the above exclusions and limitations may not apply to you to the extent prohibited by applicable law.

7. Disclaimers and "As-Is" Basis

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Davanni's expressly disclaims all warranties, including but not limited to:

• Implied Warranties of Merchantability: We do not warrant that our services will meet your expectations or requirements;
• Fitness for a Particular Purpose: We do not warrant that our services are suitable for any specific purpose;
• Non-Infringement: We do not warrant that our Website or services do not infringe any third-party intellectual property rights;
• Accuracy: We do not warrant that the information on our Website is accurate, complete, current, or error-free;
• Security: We do not warrant that our Website is free from viruses or other harmful components, or that access to our Website will be uninterrupted or secure;
• Nutritional Information: While we strive to provide accurate nutritional and allergen information, we cannot guarantee the complete accuracy of such information. Customers with food allergies or dietary restrictions should exercise caution and contact us directly before placing an order.

Food allergy notice: Our food may contain or come into contact with common allergens, including but not limited to wheat, gluten, dairy, eggs, soy, peanuts, tree nuts, fish, and shellfish. We are not responsible for any allergic reactions or adverse health effects resulting from consumption of our food products. Please consult with our staff if you have specific dietary concerns.

8. Indemnification

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

• Your violation of these Terms of Service;
• Your use or misuse of our Website or services;
• Your violation of any applicable law, rule, or regulation;
• Your infringement of any third-party intellectual property, privacy, or other rights;
• Any content or information you submit, post, or transmit through our Website;
• Any fraudulent, negligent, or willful misconduct on your part;
• Any dispute between you and any third party, including other users of our Website.

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

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation 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 Davanni's is registered and operates, without regard to any conflict of law principles that would cause the application of the laws of any other jurisdiction.

To the extent that any dispute is not subject to the arbitration provisions described in Section 10 below, you and Davanni's agree to submit to the exclusive personal jurisdiction of the state and federal courts located within the United States for the resolution of any disputes. You hereby waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

Our services are controlled and operated from within the United States. We make no representation that our Website or services are appropriate or available for use in other locations. If you access our Website from outside the United States, you do so at your own risk and you are responsible for compliance with local laws.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services by contacting Davanni's directly at [email protected]. We will use good faith efforts to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute cannot be resolved informally within that period, either party may proceed to the dispute resolution mechanisms described below.

10.2 Binding Arbitration

Except for claims that qualify for resolution in small claims court, and except as otherwise provided herein, you and Davanni's agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this arbitration agreement, shall be determined by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, before a single arbitrator.

The arbitration shall take place in the United States, in a location that is reasonably convenient for both parties. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration provision.

10.3 Class Action Waiver

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights. Claims for such relief are not subject to arbitration under this Section.

10.5 Time Limitation on Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Term and Termination

11.1 Duration

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

11.2 Termination by You

You may terminate your use of our services at any time by discontinuing use of our Website and, if applicable, closing your account. To close your account, please contact us at [email protected]. Termination of your account does not relieve you of any obligations or liabilities that accrued prior to termination.

11.3 Termination by Us

We reserve the right, at our sole discretion, to suspend or terminate your access to and use of our Website and services, with or without notice, and without liability to you, for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Your engagement in any fraudulent, illegal, or abusive activity;
• Our decision to discontinue or materially modify our services;
• Technical, security, or legal reasons requiring such action;
• Extended periods of account inactivity.

11.4 Effect of Termination

Upon termination of these Terms for any reason: (a) all rights and licenses granted to you herein will immediately terminate; (b) you must immediately cease all use of our Website and services; (c) any outstanding payment obligations shall survive and remain due; and (d) the following sections shall survive termination: Intellectual Property Rights, Payment Terms (to the extent of outstanding obligations), Limitation of Liability, Disclaimers, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and Miscellaneous Provisions.

12. Changes to Terms

Davanni's reserves the right to revise, amend, or update these Terms of Service at any time and at its sole discretion. When we make 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 pizz-davannis.click;
• Where required by applicable law or where we deem it appropriate, provide additional notice such as via email notification to registered users.

Your continued use of our Website or services following the posting of revised Terms constitutes your acceptance of the updated Terms. If you do not agree with any changes, you must stop using our Website and services and, if applicable, close your account. We encourage you to review these Terms periodically to stay informed of any updates.

Material changes to these Terms will be indicated through a prominent notice on our Website for a reasonable period following the update. However, it remains your responsibility to check for updates. We assume no obligation to notify each user individually of changes to these Terms, except as required by applicable law.

13. Severability

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or in conflict with any applicable law or regulation, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or, if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by such invalidity, illegality, or unenforceability.

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

14. Miscellaneous Provisions

14.1 Entire Agreement

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

14.2 Assignment

You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without our prior written consent. We may freely assign or transfer these Terms, in whole or in part, without restriction. Any attempted assignment in violation of this provision shall be null and void.

14.3 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. No third party shall have any right to enforce any provision of these Terms.

14.4 Force Majeure

Davanni's shall not be liable for any failure or delay in performance under these Terms caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, government actions or restrictions, labor disputes, supply chain disruptions, internet or telecommunications failures, or any other cause beyond our reasonable control.

14.5 Electronic Communications

By using our Website and services, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq.

14.6 Headings

The section headings used in these Terms are for convenience only and shall have no legal or contractual significance.

14.7 Compliance with Laws

Both parties agree to comply with all applicable laws and regulations in connection with these Terms and their respective performance hereunder, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), the Americans with Disabilities Act (ADA), applicable state consumer protection laws, and all applicable food safety regulations under federal and state law.

15. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the following information:

We will make every effort to respond to your inquiry in a timely and professional manner. For order-related inquiries or complaints, please reference your order number in all communications to expedite resolution.