Terms of Service

Effective Date: April 11, 2026  |  Last Updated: April 11, 2026

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and Davanni's ("Company," "we," "us," or "our"), the owner and operator of the website davannis-pizzas.click. By visiting, browsing, placing an order through, or otherwise using this Site, you expressly agree to be bound by these Terms and all applicable federal, state, and local laws and regulations of the United States of America.

If you are accessing or using this Site on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and in that case, "you" and "your" shall refer to such entity. If you do not have such authority, or if you do not agree to these Terms, you may not use this Site.

Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of those changes. We recommend that you review these Terms periodically to stay informed of any updates.

These Terms apply to all visitors, users, customers, and others who access or use the Site, including any features, content, or services provided through the Site.

2. Description of Services

Davanni's operates as a food service business in the United States, offering customers the ability to browse our menu, place online orders for food and beverages, and access information about our products, promotions, and locations through the Site. Our services may include, but are not limited to:

• Online ordering for delivery, carryout, or in-store pickup of food and beverage items
• Menu browsing and nutritional information display
• Promotional offers, loyalty programs, and discount codes
• Customer account creation and management
• Contact and customer support services
• General informational content about Davanni's products and services

We reserve the right to modify, suspend, discontinue, or restrict access to any aspect of our services at any time without prior notice and without liability to you. We may also impose limits on certain features or restrict access to parts of the Site without notice or liability.

All food items offered on the Site are subject to availability. We reserve the right to refuse service, reject orders, or limit order quantities at our sole discretion. Menu items, prices, and availability may vary by location, and any images of food products displayed on the Site are for illustrative purposes only. Actual products may differ from their depictions.

3. Eligibility and User Accounts

You must be at least thirteen (13) years of age to use this Site. By using this Site, you represent and warrant that you meet this minimum age requirement. If you are under the age of eighteen (18), you represent that you have the consent of a parent or legal guardian to use this Site and agree to these Terms.

Certain features of our Site may require you to create a user account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Maintain the confidentiality of your account credentials, including your password
• Accept responsibility for all activities that occur under your account
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security

We reserve the right to terminate accounts, refuse service, remove or edit content, or cancel orders at our sole discretion, including if we believe that your conduct violates these Terms or is harmful to other users, us, third parties, or for any other reason.

4. User Obligations and Prohibited Activities

As a condition of your use of the Site, you agree to use the Site only for lawful purposes and in accordance with these Terms. You agree that you will not:

• Use the Site in any manner that violates any applicable federal, state, local, or international law, rule, or regulation
• Use the Site for any fraudulent, deceptive, or misleading purpose, including submitting false orders or providing inaccurate payment information
• Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site
• Use any automated device, software, process, or means to access, retrieve, scrape, or index the Site or any Site content
• Transmit any advertising or promotional material, including "spam," "junk mail," or any similar solicitation
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Engage in any conduct that restricts or inhibits any other user's use or enjoyment of the Site
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or code comprising or in any way making up a part of the Site
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site
• Collect or harvest any personally identifiable information from the Site without authorization
• Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site
• Use the Site to submit multiple or fraudulent promotional code claims, or abuse any promotional offer
• Engage in any conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law

Violation of any of the above prohibitions may result in immediate termination of your access to the Site and may subject you to civil and/or criminal liability. We reserve the right to cooperate with law enforcement authorities to the fullest extent permitted by law in connection with any violations of these Terms.

5. Online Ordering and Payment Terms

When you place an order through the Site, you are making an offer to purchase food and beverage products from Davanni's. All orders are subject to acceptance and availability. 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 information, suspected fraud, or concerns about the legitimacy of an order.

5.1 Pricing and Taxes

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable federal, state, or local taxes unless otherwise stated. You are responsible for all applicable taxes associated with your order. Sales tax will be calculated and applied at checkout based on applicable laws in your jurisdiction.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated at checkout. By submitting an order, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is accurate and complete. You authorize us to charge your payment method for the total amount of your order, including any applicable taxes and fees.

5.3 Order Confirmation

After you submit an order, you will receive an order confirmation via email. This confirmation does not constitute acceptance of your order. We reserve the right to cancel confirmed orders if we discover errors in pricing, product availability, or other issues. In the event of such a cancellation, we will notify you promptly and issue a full refund if applicable.

5.4 Refunds and Cancellations

If you are dissatisfied with your order, please contact us immediately at [email protected]. Refunds and cancellation policies are subject to our discretion and may be limited by the nature of food products. Once food has been prepared and/or delivered, refunds may not be available except in cases of error on our part or product quality issues. We will evaluate refund requests on a case-by-case basis in accordance with applicable consumer protection laws.

5.5 Promotional Offers and Discount Codes

From time to time, we may offer promotional codes, discounts, or special offers. These promotions are subject to specific terms and conditions and may be modified or discontinued at any time. Promotional codes may not be combined unless expressly permitted, and only one promotional offer may be applied per order unless otherwise stated.

6. Intellectual Property Rights

The Site and all of its contents, features, and functionality — including but not limited to text, graphics, logos, images, photographs, audio and video clips, digital downloads, data compilations, menus, software, and the compilation thereof — are the exclusive property of Davanni's and its licensors and are protected by United States and international intellectual property laws, including but not limited to copyright, trademark, trade dress, patent, and trade secret laws.

The Davanni's name, 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 the prior written permission of Davanni's. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your Web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution

Any unauthorized use of the intellectual property of Davanni's may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

7. User-Generated Content

If our Site permits you to post, submit, publish, display, or transmit content, including reviews, comments, feedback, or other materials ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

You represent and warrant that you own or control all rights to the User Content you submit, that the User Content is accurate, and that use of the User Content does not violate these Terms and will not cause injury to any person or entity. You agree to indemnify us for all claims resulting from User Content you supply.

We reserve the right, but are not obligated, to monitor, edit, or remove any User Content at our sole discretion and without notice.

8. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Davanni's. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or their websites.

You acknowledge and agree that Davanni's 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 content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. Disclaimers and "As-Is" Basis

YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAVANNI'S EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS
• WARRANTIES THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE
• WARRANTIES AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION ON THE SITE
• WARRANTIES THAT ANY ERRORS IN THE SITE WILL BE CORRECTED

DAVANNI'S DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN FOOD ALLERGEN INFORMATION IS PROVIDED AS A COURTESY AND MAY NOT BE EXHAUSTIVE. IF YOU HAVE FOOD ALLERGIES OR DIETARY RESTRICTIONS, YOU ASSUME FULL RESPONSIBILITY FOR VERIFYING THE SUITABILITY OF OUR PRODUCTS FOR YOUR NEEDS.

Some jurisdictions do not allow the exclusion of implied warranties. To the extent that applicable law does not permit such exclusion, those disclaimers shall be read as narrowly as permissible under applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAVANNI'S, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, EVEN IF DAVANNI'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL DAVANNI'S' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO DAVANNI'S IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF DAVANNI'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THE REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some states, including California under the California Consumer Legal Remedies Act (CLRA) and other consumer protection statutes, do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

11. Indemnification

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

• Your violation of these Terms
• Your use of the Site, including but not limited to any content you submit, post, transmit, or otherwise make available through the Site
• Your violation of any rights of another party, including but not limited to intellectual property rights, privacy rights, or rights under applicable consumer protection laws
• Your violation of any applicable federal, state, or local laws, regulations, or rules
• Your negligence or willful misconduct

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

12. Food Allergen and Dietary Information

Davanni's makes reasonable efforts to provide accurate allergen and ingredient information for our menu items. However, we cannot guarantee that any of our food products are entirely free from allergens, including common allergens such as peanuts, tree nuts, dairy, eggs, wheat, soy, fish, or shellfish, as our food is prepared in facilities that handle multiple ingredients.

If you or someone in your party has a food allergy, sensitivity, or dietary restriction, we strongly recommend that you contact us directly before placing an order so we can provide you with the most current and detailed ingredient information. By placing an order, you acknowledge and accept the inherent risk of allergen exposure associated with commercially prepared food products.

Nutritional information provided on the Site is approximate and may vary based on preparation methods, portion sizes, and ingredient substitutions. This information is provided for general informational purposes only and should not be construed as medical or dietary advice.

13. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to them, their subject matter, or their 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 applicable laws of the state in which Davanni's primary business operations are located, without giving effect to any choice or conflict of law provision or rule.

These Terms are also subject to applicable federal laws, including but not limited to:

• The Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., governing unfair or deceptive acts and practices in commerce
• The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, governing unauthorized access to computer systems
• The Electronic Communications Privacy Act (ECPA) and related digital communications laws
• The CAN-SPAM Act, as applicable to electronic communications
• The California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA), to the extent applicable to California residents

Any legal action or proceeding arising under or in connection with these Terms shall be brought exclusively in the appropriate state or federal courts located in the United States, and you irrevocably consent to the personal jurisdiction and venue of such courts.

14. Dispute Resolution and Arbitration

We encourage you to contact us first if you have any concerns or disputes regarding your experience with Davanni's. We will try to resolve any disputes amicably and efficiently. Please contact us at [email protected] before initiating any formal dispute resolution proceedings.

14.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to provide written notice of your dispute to Davanni's at [email protected]. The notice must describe the nature of the dispute and the relief you seek. We will attempt to resolve the dispute informally within thirty (30) days of receipt of the notice.

14.2 Binding Arbitration

If the dispute cannot be resolved informally within thirty (30) days, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration will be conducted under the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration provider.

You understand that by agreeing to arbitration, you are waiving your right to a jury trial and to participate in a class action lawsuit. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND DAVANNI'S 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. Further, unless both you and Davanni's agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

14.4 Exception for Injunctive Relief

Notwithstanding the foregoing arbitration provision, either party may seek emergency or preliminary injunctive or equitable relief from a court of competent jurisdiction to prevent or restrain actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or other proprietary rights, pending final resolution of a claim through arbitration.

15. Term and Termination

These Terms shall remain in full force and effect while you use the Site. We reserve the right, in our sole discretion, to terminate or suspend your access to all or any part of the Site at any time, with or without notice and with or without cause, including without limitation if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.

Upon termination of your account or access rights:

• All rights granted to you under these Terms will immediately terminate
• You must immediately cease all use of the Site
• Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability

You may also terminate your account at any time by contacting us at [email protected] and requesting account deletion. Please note that we may retain certain information as required by applicable law or for legitimate business purposes.

16. Changes to Terms of Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When we make material changes to these Terms, we will provide notice by updating the "Last Updated" date at the top of this page. In some cases, we may also provide additional notice, such as adding a statement to our homepage or sending you an email notification.

Your continued use of the Site after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must immediately stop using the Site. We encourage you to review these Terms regularly to stay informed about your rights and obligations.

We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. We may restrict access to some parts of the Site, or the entire Site, to users, including registered users, from time to time without prior notice.

17. Severability

These Terms operate to the fullest extent permissible by applicable law. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator for any reason, such 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 provision shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. Any such modification or severance shall not affect the validity and enforceability of any other provisions of these Terms.

The failure of Davanni's to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver by Davanni's of any provision of these Terms shall be in writing and shall not constitute a continuing waiver or a waiver of any other provision.

18. Entire Agreement

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

These Terms may not be modified by any oral statement, and no employee, agent, or representative of Davanni's has authority to alter these Terms orally. Any purported modification not made in writing and posted to the Site shall be void and of no effect.

19. No Waiver

No failure or delay by Davanni's in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise of any right or remedy. A waiver by Davanni's of any default shall not constitute a waiver of any subsequent default.

The rights and remedies provided under these Terms are cumulative and not exclusive of any rights or remedies that may be available to Davanni's at law or in equity.

20. Force Majeure

Davanni's shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, labor disputes, power failures, internet or telecommunications outages, supply chain disruptions, or any other event of force majeure. In such circumstances, our obligations under these Terms shall be suspended for the duration of the force majeure event, and we shall not be liable for any resulting loss, damage, or inconvenience.

21. Electronic Communications

When you use the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. 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.

22. California Consumer Rights

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know what personal information is collected about you, the right to request deletion of your personal information, the right to opt-out of the sale or sharing of your personal information, and the right to non-discrimination for exercising your privacy rights. For more information about your California privacy rights, please refer to our Privacy Policy or contact us at the information provided below.

California residents may also have rights under the California Consumer Legal Remedies Act (CLRA), California Business and Professions Code Section 17200, and other applicable consumer protection statutes.

23. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact us for any reason related to your use of the Site or our services, please reach out to us using the contact information below:

We will make every reasonable effort to respond to your inquiry within five (5) business days. For urgent matters related to food safety, allergies, or health concerns, please contact us as soon as possible.