Terms of Service

Effective Date: April 20, 2026  |  Last Updated: April 20, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and Davanni's ("Davanni's," "we," "us," or "our"), governing your access to and use of the website davannis-pizzas.digital, including all content, features, functionality, and services offered through the Site (collectively, the "Services").

By accessing the Site, creating an account, placing an order, or otherwise interacting with any portion of our Services, you expressly acknowledge that you have read, understood, and agreed to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are accessing or using the Services 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 all references to "you" shall refer to such entity.

You must be at least eighteen (18) years of age to use this Site. By using this Site, you represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may only use the Site under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms.

Davanni's reserves the right, in its sole discretion, to modify or update these Terms at any time. Your continued use of the Site after any such modification constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

2. Description of Services

Davanni's operates as a food service business offering customers the ability to browse our menu, place online food orders, schedule pick-up or delivery services, and access promotional offers, nutritional information, and customer support resources through our digital platform at davannis-pizzas.digital.

Our Services include, but are not limited to:

• Online ordering of pizzas, hoagies, sandwiches, salads, appetizers, desserts, and beverages;
• Order tracking and status updates;
• Account creation and profile management;
• Loyalty program participation and rewards redemption;
• Gift card purchase and redemption;
• Access to nutritional and allergen information;
• Promotional offers, coupons, and discounts;
• Customer support and feedback submission;
• Catering inquiries and large-order processing.

Davanni's reserves the right to modify, suspend, or discontinue any aspect of its Services, including menu items, pricing, delivery zones, hours of operation, or platform features, at any time and without prior notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation of Services.

Menu items, prices, and availability may vary by location. Not all items displayed on the Site may be available at all participating Davanni's locations. Images of food items displayed on the Site are for illustrative purposes only and may not represent the exact appearance of the product delivered or prepared.

3. User Accounts and Registration

To access certain features of our Services, including placing online orders, tracking past orders, or participating in our loyalty program, you may be required to create a user account. By creating an account, you agree to:

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

Davanni's shall not be liable for any loss or damage arising from your failure to comply with this section. You may not create more than one account per individual. Accounts are non-transferable and may not be sold, combined, or otherwise shared with others.

We reserve the right to refuse registration, cancel accounts, remove or edit content, or cancel orders in our sole discretion, including where we believe a user has violated these Terms.

4. User Obligations and Prohibited Activities

As a condition of your use of the Site and Services, you agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to the laws of the United States of America. You agree to use the Site solely for lawful purposes and in accordance with these Terms.

4.1 Prohibited Conduct

You agree that you will not, and will not permit any third party to:

• Use the Site or Services for any unlawful purpose or in violation of any federal, state, or local law or regulation;
• Engage in fraudulent activity, including submitting false orders, using stolen payment information, or impersonating another person or entity;
• Attempt to gain unauthorized access to any portion of the Site, its servers, networks, or other systems connected to the Site;
• Interfere with or disrupt the integrity or performance of the Site or the data contained therein;
• Transmit any harmful, offensive, defamatory, obscene, or otherwise objectionable content;
• Engage in any automated use of the system, including through bots, scrapers, crawlers, or similar technologies, without prior written consent from Davanni's;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Site or any underlying software;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or Services without express written authorization;
• Use the Site to transmit spam, unsolicited communications, or chain letters;
• Upload or transmit viruses, malware, or any other malicious code;
• Attempt to probe, scan, or test the vulnerability of the Site or any related system or network;
• Circumvent or attempt to circumvent any technological measures designed to protect the Site or its content;
• Use the Services to conduct any commercial activity other than for the purpose of personal food ordering;
• Collect or harvest any personal information from other users of the Site;
• Place fraudulent, excessive, or abusive orders with the intent to obtain refunds, discounts, or other benefits improperly.

Violation of any of the above prohibitions may result in immediate termination of your access to the Site and Services, and may subject you to civil or criminal liability under applicable law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and other applicable federal and state statutes.

5. Online Ordering, Payment Terms, and Refund Policy

5.1 Placing Orders

When you place an order through davannis-pizzas.digital, you are making an offer to purchase the selected items subject to these Terms. Davanni's reserves the right to accept or decline any order for any reason, including but not limited to product unavailability, errors in pricing or description, or suspected fraudulent activity.

Once your order is submitted, you will receive an electronic confirmation. This confirmation does not constitute acceptance of the order by Davanni's; acceptance occurs when your order is prepared and dispatched or made available for pick-up. You are responsible for reviewing your order carefully before submitting, as modifications may not be possible once processing has begun.

5.2 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Applicable taxes, delivery fees, and service charges will be calculated and displayed at checkout prior to order confirmation. Davanni's strives to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price and notify you accordingly.

5.3 Payment Methods

We accept the following forms of payment for online orders:

• Major credit cards (Visa, MasterCard, American Express, Discover);
• Debit cards with a major card network logo;
• Davanni's gift cards;
• Digital wallets as made available on the Site from time to time.

By providing payment information, you represent and warrant that you are authorized to use the payment method provided, and you authorize Davanni's to charge the full order amount to that payment method. Payment is processed at the time of order confirmation.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. Refunds or credits may be issued at Davanni's sole discretion in the event of an order error attributable to Davanni's, a quality issue, or failure to deliver an order. To request a refund or report an issue with your order, please contact us within 24 hours of receiving your order at [email protected].

Cancellations may be requested only before the order has been confirmed for preparation. Once preparation has begun, cancellations will not be accepted, and no refund will be issued.

6. Delivery Terms

Delivery services are subject to availability in your area. Delivery times are estimates only and are not guaranteed. Davanni's shall not be liable for delays caused by circumstances beyond our reasonable control, including but not limited to traffic conditions, severe weather, high order volume, or third-party delivery partner limitations.

You are responsible for ensuring that the delivery address provided is accurate and accessible. Davanni's will not be responsible for failed deliveries resulting from inaccurate addresses, inaccessible delivery locations, or your unavailability at the time of delivery.

Minimum order amounts and delivery fees may apply and will be disclosed at checkout. Davanni's may utilize third-party delivery partners, and such partnerships are subject to the terms and conditions of those partners.

7. Allergen and Nutritional Information

Davanni's makes reasonable efforts to provide accurate allergen and nutritional information on the Site. However, menu items are prepared in shared kitchen environments where cross-contact with allergens may occur. We cannot guarantee that any item is completely free from any particular allergen. Customers with food allergies or dietary restrictions should exercise caution and contact us directly before placing an order.

Davanni's disclaims any liability for allergic reactions or adverse health effects resulting from consumption of our food products, except where caused directly by our negligence or willful misconduct.

8. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the overall "look and feel" of the Site, is the exclusive property of Davanni's or its content suppliers and is protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state trademark laws.

The Davanni's name, logo, trade dress, and all related marks, names, and slogans are trademarks or registered trademarks of Davanni's. You are expressly prohibited from using any of these marks without the prior written consent of Davanni's. Unauthorized use of these marks may constitute trademark infringement under applicable law.

Subject to your compliance with these Terms, Davanni's grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial purposes related to placing food orders and using our Services. This license does not include the right to:

• Reproduce, distribute, or publicly display any content from the Site;
• Modify or create derivative works based on Site content;
• Use the Site or its content for any commercial purpose;
• Remove any copyright, trademark, or other proprietary notices from the Site.

Any feedback, suggestions, ideas, or other submissions you provide to Davanni's regarding the Site or Services ("Feedback") shall be deemed non-confidential and non-proprietary. By submitting Feedback, you grant Davanni's a perpetual, worldwide, royalty-free, irrevocable license to use, reproduce, modify, distribute, and commercialize such Feedback in any manner and for any purpose without compensation to you.

9. Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Davanni's. These links are provided for your convenience only. Davanni's has no control over the content, privacy practices, or policies of any third-party sites and assumes no responsibility for them. We encourage you to review the terms and privacy policies of any third-party sites you visit.

Inclusion of a link to a third-party website does not imply endorsement by Davanni's of that website or its operators. Access to and use of third-party websites is at your own risk.

10. Disclaimer of Warranties

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

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR MATERIALS ON THE SITE;
• WARRANTIES THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED;
• WARRANTIES RELATING TO THE QUALITY, SAFETY, OR LEGALITY OF FOOD PRODUCTS BEYOND THOSE REQUIRED BY APPLICABLE FOOD SAFETY LAWS.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in full. In such jurisdictions, our warranties are limited to the minimum scope permitted by applicable law.

Davanni's does not warrant that the Site is free from harmful components, including viruses, worms, Trojan horses, or other malicious code. You are responsible for implementing sufficient security measures to protect your devices and data when accessing the Site.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE LAWS OF THE UNITED STATES, DAVANNI'S AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL;
• COST OF SUBSTITUTE GOODS OR SERVICES;
• DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE THE SITE OR SERVICES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
• DAMAGES ARISING FROM ANY STATEMENTS, CONDUCT, OR OMISSIONS OF ANY THIRD PARTY ON THE SITE.

IN ANY EVENT, DAVANNI'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL NOT 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).

These limitations apply regardless of the legal theory under which damages are sought, whether in contract, tort (including negligence), strict liability, or otherwise, and even if Davanni's has been advised of the possibility of such damages.

Some states, including New Jersey and California, do not allow the exclusion or limitation of certain damages. If you are a resident of such a state, some or all of the above limitations may not apply to you.

12. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Davanni's, its affiliates, and their respective officers, directors, employees, agents, licensors, service providers, successors, and assigns (collectively, the "Davanni's Parties") from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your access to or use of the Site or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property right, privacy right, or proprietary right;
• Any content or information you submit, post, or transmit through the Site;
• Your fraudulent, harmful, or negligent acts or omissions;
• Any dispute between you and any third party, including other users of the Site;
• Your misrepresentation of any information provided to Davanni's.

Davanni's reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Davanni's. You agree to cooperate with Davanni's defense of such claims. You agree not to settle any such matter without the prior written consent of Davanni's.

13. Governing Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or the Services provided by Davanni's shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws, without regard to any conflict of law principles that would require the application of the laws of another jurisdiction.

To the extent that any claim or dispute is not subject to mandatory arbitration as described in Section 14 below, you and Davanni's agree to submit to the exclusive jurisdiction of the federal and state courts located in the United States and waive any objection to the laying of venue in such courts. You agree that any cause of action arising out of or related to use of the Site must be commenced within one (1) year after the cause of action accrues, or such action shall be permanently barred.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

In the event of any dispute, claim, or controversy between you and Davanni's arising out of or relating to these Terms, the Site, or the Services ("Dispute"), both parties agree to first attempt to resolve the Dispute informally by contacting Davanni's at [email protected]. Davanni's will attempt to resolve the Dispute within thirty (30) days of receipt of your notice. If the Dispute is not resolved within that period, either party may proceed as set forth below.

14.2 Binding Arbitration

EXCEPT AS OTHERWISE PROVIDED HEREIN, ANY DISPUTE THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED BY BINDING ARBITRATION UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), AS MODIFIED BY THESE TERMS. THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR, AND THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING.

The arbitration shall be conducted in English, and any award rendered by the arbitrator shall be in writing. Judgment on the award may be entered in any court of competent jurisdiction. The parties agree that the arbitration shall be conducted on an individual basis, and not as a class action, collective action, or representative action.

14.3 Class Action Waiver

YOU AND DAVANNI'S EACH AGREE THAT ANY CLAIMS BETWEEN THEM SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. NEITHER YOU NOR DAVANNI'S MAY PARTICIPATE IN A CLASS ARBITRATION OR CLASS-WIDE ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or other irreparable harm. Nothing in this Section shall be deemed to waive any rights under applicable consumer protection laws that cannot be waived by contract.

If you are a California resident, you may also be entitled to additional rights under California law, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq., and the California Consumer Legal Remedies Act (CLRA), Cal. Civ. Code § 1750 et seq.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Site or Services. Davanni's reserves the right, in its sole and absolute discretion, to suspend or terminate your access to the Site and Services, with or without notice, and for any reason or no reason, including but not limited to:

• Your actual or suspected violation of any provision of these Terms;
• Fraudulent, abusive, or otherwise unlawful activity;
• Requests from law enforcement or regulatory authorities;
• Unexpected technical or security issues;
• Cessation or material modification of the Site or Services.

Upon termination, all rights granted to you under these Terms shall immediately cease, and you must immediately cease all use of the Site and Services. Provisions of these Terms that by their nature should survive termination — including but not limited to Sections 8 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 13 (Governing Law), 14 (Dispute Resolution), and 17 (Severability) — shall survive any termination or expiration of these Terms.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations or liabilities incurred prior to termination.

16. Changes to Terms

Davanni's reserves the right to modify, amend, or update these Terms at any time, in its sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. We may also provide notice of material changes via email to the address associated with your account, or by posting a prominent notice on the Site.

Your continued access to or use of the Site or Services following the posting of any changes to these Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must stop using the Site and Services immediately and may terminate your account as described in Section 15.

It is your responsibility to review these Terms periodically. Davanni's is not obligated to maintain or provide you with previous versions of these Terms, though we encourage you to save a copy for your records.

17. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or in conflict with any applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or impaired by the invalidity or unenforceability of any single provision.

The parties agree that the invalidity or unenforceability of any particular provision of these Terms shall not render the entire agreement invalid or unenforceable. The court or arbitrator is authorized to modify any invalid or unenforceable provision to the extent necessary to make it valid and enforceable, consistent with the parties' original intent as expressed in these Terms.

18. Waiver

No failure or delay by Davanni's in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy. No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of Davanni's. A waiver of any breach of any provision of these Terms shall not constitute a waiver of any subsequent breach of the same or any other provision.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies 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. These Terms supersede all prior and contemporaneous agreements, understandings, representations, and warranties, whether written or oral, between you and Davanni's concerning their subject matter.

In the event of any conflict between these Terms and any other agreement entered into between you and Davanni's, the terms of any such separate written agreement specifically negotiated between you and Davanni's shall govern to the extent of the conflict.

20. Electronic Communications and Notices

By using the Site or creating an account, you consent to receive communications from Davanni's electronically, including via email, text message (where you have opted in), or notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications that Davanni's provides to you electronically satisfy any legal requirement that such communications be in writing.

All notices to Davanni's under these Terms shall be sent in writing to the contact information provided in Section 21 below. We may, at our discretion, require that certain notices be delivered through specific channels to be effective.

21. Force Majeure

Davanni's shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, earthquakes, floods, pandemics or public health emergencies, governmental actions or restrictions, labor disputes, power outages, internet service provider failures, or other force majeure events. In such circumstances, Davanni's obligations shall be suspended for the duration of the force majeure event.

22. Accessibility

Davanni's is committed to ensuring that its Site is accessible to individuals with disabilities in accordance with the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and applicable Web Content Accessibility Guidelines (WCAG). If you encounter any accessibility barriers on our Site, please contact us at [email protected] so that we can assist you and work to improve our accessibility.

23. Consumer Rights and Applicable Federal Law

As a food service business operating in the United States, Davanni's is subject to various federal and state consumer protection laws and regulations, including but not limited to:

Nothing in these Terms is intended to limit any rights you may have under applicable federal or state consumer protection laws that cannot be waived by contract.

24. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you wish to report any violations or accessibility issues, please contact Davanni's using the information below:

We will make every reasonable effort to respond to your inquiry within five (5) business days. For urgent food safety concerns or issues requiring immediate attention, please contact your local emergency services or health department as appropriate.