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," "you," or "your") and Davanni's ("Company," "we," "us," or "our"), governing your access to and use of the Site located at davannis-pizzas.rest and all related services, features, content, and functionality offered by the Company.

By accessing the Site, placing an order, creating an account, subscribing to communications, or otherwise interacting with our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. Your continued use of the Site following the posting of any modifications to these Terms constitutes your acceptance of such modifications.

You represent and warrant that you are at least eighteen (18) years of age, or the age of majority in your jurisdiction, and that you have the legal capacity to enter into a binding contract. If you are using the Services on behalf of a business entity, you represent and warrant that you have authority to bind that entity to these Terms.

2. Company Information

The Site and Services are operated by:

3. Description of Services

Davanni's is a food service business operating in the United States. Through the Site, we offer the following services and features:

• Online Menu Access: Users may browse our current food and beverage menu, including pizzas, hoagies, salads, appetizers, desserts, and other food items offered by Davanni's.
• Online Ordering: Users may place orders for pickup or delivery through our Site or through third-party platforms integrated with our Services.
• Account Registration: Users may create an account to manage their orders, save preferences, and access loyalty or rewards programs, where available.
• Catering Inquiries: Users may submit requests for catering services for events, corporate orders, or group functions.
• Promotional Communications: Users may opt in to receive newsletters, promotional offers, and updates from Davanni's via email or other channels.
• Customer Support: Users may contact our team for assistance with orders, feedback, complaints, or general inquiries.
• Location and Hours Information: Users may access information about restaurant locations, operating hours, and contact details.

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

4. User Accounts and Registration

Certain features of our Site may require you to register for an account. When registering, you agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Maintain the security and confidentiality of your account credentials, including your username and password.
• Notify us immediately at [email protected] if you become aware of any unauthorized access to or use of your account.
• Accept full responsibility for all activities that occur under your account, whether or not authorized by you.

We reserve the right to terminate or suspend your account at any time if we have reason to believe that any information you have provided is inaccurate, false, or misleading, or if you have violated any provision of these Terms.

5. User Obligations and Prohibited Activities

By using the Site and Services, you agree to comply with all applicable federal, state, and local laws of the United States, and to use the Services solely for lawful purposes. You further agree that your use of the Site will be consistent with these Terms and any other applicable guidelines we may publish from time to time.

5.1 General User Obligations

You agree to:

• Provide truthful and accurate information when placing orders, creating accounts, or contacting us.
• Ensure that any delivery address or contact information you provide is accurate and complete.
• Pay for all orders and charges you incur through the Site in a timely manner.
• Treat our staff, delivery personnel, and other users with respect and courtesy.
• Comply with all applicable food safety guidelines and regulations when handling delivered food items.

5.2 Prohibited Activities

You agree that you will NOT, under any circumstances:

• Use the Site for any unlawful, fraudulent, or deceptive purpose.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Submit false, misleading, or fraudulent orders or payment information.
• Attempt to gain unauthorized access to any portion of the Site, our servers, or any related systems or networks.
• Use any automated means, including bots, scrapers, crawlers, or data mining tools, to access or extract data from the Site without our express written permission.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful or malicious code to the Site.
• Engage in any activity that disrupts, damages, or interferes with the proper functioning of the Site or the enjoyment of the Site by other users.
• Attempt to reverse-engineer, decompile, disassemble, or otherwise tamper with any software or technology underlying the Site.
• Copy, reproduce, distribute, transmit, display, perform, or create derivative works of any content from the Site without our express written permission.
• Post or transmit any content that is defamatory, obscene, offensive, harassing, threatening, or otherwise objectionable.
• Use the Site to send unsolicited commercial communications (spam).
• Engage in conduct that could harm the reputation or business interests of Davanni's.
• Circumvent or disable any security features, access controls, or technological protection measures on the Site.
• Violate any applicable local, state, national, or international laws or regulations in connection with your use of the Services.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole judgment, violates these provisions, including without limitation reporting such conduct to law enforcement authorities and pursuing all available civil and criminal remedies.

6. Online Ordering and Payment Terms

6.1 Order Placement

When you place an order through the Site, you are making an offer to purchase the selected food items at the stated prices. All orders are subject to acceptance by Davanni's, and we reserve the right to refuse or cancel any order at our discretion, including in cases of pricing errors, suspected fraud, product unavailability, or issues with payment processing.

You will receive a confirmation of your order via the Site or by email. This confirmation constitutes acceptance of your order by Davanni's. It is your responsibility to review your order carefully before submission to ensure accuracy regarding items, quantities, customizations, delivery address, and payment details.

6.2 Pricing and Availability

All prices listed on the Site are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes, delivery fees, service charges, or gratuities unless otherwise stated. We make every effort to ensure that menu items and prices are displayed accurately; however, errors may occur. In the event of a pricing error, we reserve the right to cancel the affected order and notify you of the error.

Menu items are subject to availability and may be temporarily or permanently discontinued without notice. We are not liable for the unavailability of any menu item after an order has been placed, and in such cases, we will contact you to arrange a suitable alternative or issue a refund.

6.3 Payment Processing

Payment for online orders must be made using accepted payment methods as indicated on the Site, which may include major credit cards, debit cards, and other electronic payment platforms. By submitting your payment information, you represent and warrant that you are authorized to use the payment method provided and that the information is accurate and complete.

We use third-party payment processors to handle transactions. Your payment information is processed in accordance with the applicable payment processor's terms and privacy policy. We do not store full credit card numbers on our servers.

6.4 Refunds and Cancellations

All sales are final once an order has been accepted and preparation has begun. If you wish to cancel an order, please contact us immediately at [email protected]. Cancellations may not be possible once preparation or delivery has commenced. Refunds, where applicable, will be issued in accordance with our Refund Policy, which is available on the Site or upon request.

If your order is incorrect due to our error, please contact us within a reasonable time of receipt, and we will work with you to resolve the issue, which may include a replacement, credit, or refund at our discretion.

7. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, menu designs, and software, is the property of Davanni's or its content suppliers and is protected by applicable United States and international intellectual property laws, including copyright, trademark, and trade secret laws.

The Davanni's name, logo, and all related marks, product names, and service names are trademarks or registered trademarks of Davanni's. You may not use any such marks without our prior written permission. Any other trademarks, service marks, or trade names appearing on the Site are the property of their respective owners.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for personal, non-commercial purposes in connection with the Services we provide. This license does not include:

• The right to resell or commercially exploit any content or Services on the Site.
• The right to collect or use product listings, descriptions, or prices for commercial purposes.
• The right to make derivative uses of the Site or its content.
• The right to use any data mining, robots, or similar data gathering and extraction tools.
• The right to download or copy account information for the benefit of any third party.
• The right to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Davanni's.

Any unauthorized use of the Site or its content may violate copyright law, trademark law, the laws of privacy and publicity, and applicable communications regulations and statutes, and is strictly prohibited. Such unauthorized use may subject you to civil and criminal penalties under applicable United States law.

8. User-Generated Content

If you submit any reviews, comments, feedback, suggestions, photographs, or other content to the Site or to our social media pages (collectively, "User Content"), you grant Davanni's 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 otherwise control all rights to the User Content you submit, that such content is accurate, and that use of the content you supply does not violate these Terms or any applicable law or regulation.

We reserve the right, but not the obligation, to monitor, edit, or remove any User Content at our sole discretion.

9. Third-Party Links and Services

The Site may contain links to third-party websites, services, or applications (including delivery platforms, payment processors, and social media channels) that are not owned or controlled by Davanni's. These links are provided for your convenience only. We have no control over the content, privacy policies, or practices of third-party sites and assume no responsibility or liability for them.

We strongly encourage you to read the terms of service and privacy policies of any third-party websites you visit. The inclusion of any link does not imply our endorsement of the linked site or its operator. You access any third-party sites entirely at your own risk.

10. Disclaimers and "As-Is" Basis

YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED UNDER 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, uninterrupted, timely, secure, or error-free.
• Warranties regarding the accuracy, completeness, or reliability of any information or content on the Site, including menu descriptions, nutritional information, or pricing.
• Warranties that defects, if any, will be corrected.
• Warranties regarding the quality of any products, services, information, or other material purchased or obtained through the Site meeting your expectations.

We make no warranty or representation regarding the results that may be obtained from use of the Services, or regarding the accuracy or reliability of any information obtained through the Services. No advice or information, whether oral or written, obtained from Davanni's or through the Site shall create any warranty not expressly stated in these Terms.

Allergen and Dietary Information: While we strive to provide accurate allergen and dietary information, we cannot guarantee that our food products are free from any particular allergen. Our food is prepared in facilities that handle common allergens including but not limited to gluten, dairy, eggs, nuts, soy, and shellfish. If you have food allergies or dietary restrictions, please contact us directly before placing an order. Davanni's shall not be liable for any allergic reactions or adverse health effects resulting from the consumption of our food products.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND ANY APPLICABLE STATE CONSUMER PROTECTION LAWS, DAVANNI'S AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities.
• Personal injury or property damage of any nature whatsoever.
• Any unauthorized access to or use of our servers and any personal information stored therein.
• Any interruption or cessation of transmission to or from the Site.
• Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Site by any third party.
• Any errors or omissions in any content or any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Site.

IN NO EVENT SHALL DAVANNI'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DAVANNI'S IN THE SIX (6) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless Davanni's and its respective officers, directors, employees, agents, licensors, and service providers 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 violation of these Terms of Service.
• Your use or misuse of the Site or Services.
• Your violation of any applicable law, regulation, or the rights of any third party.
• Any User Content you submit, post, or transmit through the Site.
• Your fraudulent or intentionally wrongful conduct.
• Any dispute between you and any third party in connection with your use of the Services.

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 claim 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.

13. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms or your use of the Site or Services shall be governed by and construed in accordance with the laws of the United States of America, including applicable federal law, without regard to 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 arbitration as set forth in Section 14 below, you agree that any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction located within the United States, and you hereby irrevocably consent to personal jurisdiction and venue in such courts.

We make no representation that the Site or Services are appropriate or available for use in any particular location outside the United States. If you access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with all applicable local laws.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute with us informally by contacting us at [email protected] with a written description of your dispute and the relief sought. We will attempt to resolve the dispute informally within thirty (30) days of receipt of your notice. If we are unable to resolve the dispute informally, either party may proceed to binding arbitration as described below.

14.2 Binding Arbitration

EXCEPT FOR DISPUTES RELATING TO INTELLECTUAL PROPERTY RIGHTS OR CLAIMS ELIGIBLE FOR SMALL CLAIMS COURT, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitration shall be conducted in English. 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.

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. Unless both you and Davanni's agree in writing, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

14.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual claim in small claims court if the claim qualifies and the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

15. Term and Termination

These Terms are effective as of the date you first access the Site or use the Services and shall remain in full force and effect for as long as you continue to use the Site or Services, unless terminated earlier in accordance with these Terms.

We reserve the right, at our sole discretion and without notice or liability, to:

• Terminate or suspend your access to the Site and/or Services for any reason, including if we believe you have violated these Terms.
• Modify, suspend, or discontinue all or any portion of the Site or Services at any time.
• Remove any User Content you have submitted to the Site.

You may terminate these Terms at any time by ceasing all use of the Site and Services and, if applicable, by deleting your account.

Upon termination of these Terms for any reason:

• Your right to access and use the Site and Services will immediately cease.
• Any outstanding payment obligations you have incurred shall remain due and payable.
• All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Changes to These Terms

We reserve the right to modify, update, or replace these Terms of Service at any time, in our sole discretion, without prior notice to you (except as required by applicable law). When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and may, at our discretion, provide additional notice such as posting a notice on the Site or sending you an email notification.

Your continued use of the Site or Services after the posting of any revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately discontinue your use of the Site and Services. We encourage you to review these Terms periodically to stay informed of any updates.

17. Electronic Communications

By using the Site or communicating with us via email, you consent to receive communications from Davanni's electronically. We may 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.

18. Compliance with Applicable Laws

Davanni's operates in compliance with all applicable federal, state, and local laws of the United States, including but not limited to:

• The Federal Trade Commission Act (FTC Act): We comply with the FTC's regulations regarding unfair or deceptive acts or practices in commerce.
• The Americans with Disabilities Act (ADA): We strive to make our Site accessible to individuals with disabilities.
• The CAN-SPAM Act: We comply with applicable federal laws governing commercial email communications.
• The California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA): To the extent applicable, we honor the privacy rights of California residents, including the right to know, the right to delete, and the right to opt out of the sale of personal information. Please refer to our Privacy Policy for more details.
• Food Safety Modernization Act (FSMA) and applicable FDA regulations: We adhere to applicable federal and state food safety laws and regulations.
• State and Local Restaurant Licensing Laws: Davanni's operates in compliance with all applicable state and local licensing, health, and safety regulations governing food service establishments in the United States.

19. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or void for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, 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 any such invalidity or unenforceability.

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless expressly acknowledged and agreed to in writing by the waiving party. A waiver by us of any breach or default shall not constitute a waiver of any subsequent breach or default.

20. 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 Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the same subject matter.

In the event of any conflict between these Terms and any other policy or agreement on the Site, these Terms shall prevail unless the other policy or agreement expressly states otherwise.

21. Force Majeure

Davanni's shall not be liable or responsible for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including without limitation: acts of God, fire, flood, storm, earthquake, explosion, epidemic, pandemic, war, invasion, hostilities, terrorist threats, civil unrest, government orders or regulations, strikes or labor disputes, supply chain disruptions, or failures of third-party infrastructure or services.

22. Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any purported assignment without such consent shall be null and void. We may freely assign these Terms or any of our rights or obligations hereunder to any affiliate, subsidiary, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

23. No Third-Party Beneficiaries

These Terms of Service are for the sole and exclusive benefit of the parties hereto and their respective successors and permitted assigns. Nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

24. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, your rights under these Terms, or the practices of Davanni's, please contact us using the information below:

These Terms of Service were last updated on April 11, 2026. Davanni's reserves all rights not expressly granted herein.