Terms of Service

Effective Date: March 25, 2026  |  Last Updated: March 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 located at davannispizza.rest (the "Website") and all related services, including but not limited to online ordering, account registration, promotions, and any other services offered by Davanni's (collectively, the "Services").

By accessing this Website, completing a purchase, creating an account, or otherwise interacting with our Services in any manner, you affirm that:

• You are at least 18 years of age or have the legal capacity to enter into a binding contract under applicable United States law;
• You have read, understood, and agree to be bound by these Terms;
• You agree to comply with all applicable local, state, and federal laws and regulations in the United States;
• You have the authority to enter into this Agreement on behalf of yourself or, if applicable, on behalf of any organization or entity you represent.

If you are using the Website on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and references to "you" shall include both you individually and such entity.

2. Description of Services

Davanni's is a food service business operating in the United States, providing customers with high-quality pizza and related food products. Our Services include, but are not limited to:

• Online Ordering: Customers may browse our menu and place orders for food items through our Website for delivery, carryout, or dine-in where available.
• Account Registration: Users may create personal accounts to manage orders, save preferences, view order history, and access exclusive promotions.
• Promotions and Loyalty Programs: From time to time, Davanni's may offer promotional discounts, loyalty rewards, coupons, and special offers to registered and guest users.
• Customer Support: We provide customer service through various communication channels to assist with order inquiries, complaints, and general questions.
• Informational Content: Our Website provides information about our menu, locations, ingredients, allergens, and company-related news.

Davanni's reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, without liability to you or any third party. We may also impose limits on certain features or restrict access to parts of the Website at our sole discretion.

All food products and services described on this Website are subject to availability. Menu items, pricing, hours of operation, and locations are subject to change without prior notice.

3. Eligibility and User Accounts

To access certain features of the Website, such as saving your order history or enrolling in loyalty programs, you may be required to register for an 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 and complete;
• Keep your password confidential and not share it with any third party;
• Notify us immediately at [email protected] if you become aware of any unauthorized use of your account or any other security breach;
• Accept full responsibility for all activities that occur under your account.

Davanni's reserves the right to refuse service, terminate accounts, or remove or edit content at our sole discretion if we believe you have violated these Terms or applicable law.

4. User Obligations and Prohibited Activities

As a user of our Website and Services, you agree to use them only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit anyone else's use and enjoyment of the Website. You agree to comply with all applicable federal, state, and local laws of the United States.

4.1 Prohibited Conduct

You are strictly prohibited from engaging in any of the following activities:

• Using the Website for any unlawful purpose or in violation of any applicable local, state, or federal regulations;
• Submitting false, misleading, or fraudulent orders or account information;
• Attempting to gain unauthorized access to any part of the Website, servers, or networks connected to the Website;
• Using automated software, bots, scrapers, crawlers, or other means to access, collect data from, or interact with the Website without our express written permission;
• Introducing viruses, Trojan horses, worms, or other malicious or technologically harmful material to the Website;
• Impersonating any person or entity, or falsely misrepresenting your affiliation with any person or entity;
• Harassing, threatening, abusing, or harming other users, employees, or representatives of Davanni's;
• Circumventing, disabling, or otherwise interfering with security-related features of the Website;
• Engaging in any activity that could damage, overburden, or impair the proper functioning of the Website;
• Using any meta tags, hidden text, or other metadata that incorporates Davanni's trademarks or trade names without our express written consent;
• Reverse engineering, decompiling, or disassembling any portion of the Website or its software;
• Collecting or harvesting any personally identifiable information from the Website without authorization;
• Reselling, sublicensing, or commercially exploiting any portion of the Services without our prior written consent;
• Posting or transmitting any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable.

Any violation of these prohibitions may result in the immediate termination of your access to the Website and Services, and may subject you to civil or criminal liability under applicable United States law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the Electronic Communications Privacy Act.

5. Ordering, Payments, and Pricing

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected food items. Davanni's reserves the right to accept or decline any order at our sole discretion. An order is not confirmed until you receive a written or electronic confirmation from us.

5.2 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices listed do not include applicable sales taxes, delivery fees, or service charges unless expressly stated otherwise. You are responsible for paying all applicable taxes and fees associated with your order.

In the event of a pricing error on the Website, Davanni's reserves the right to cancel any orders placed at the incorrect price and notify you accordingly. We will offer you the opportunity to re-order at the correct price.

5.3 Payment Methods

We accept various forms of payment as indicated at checkout, which may include major credit cards, debit cards, and other electronic payment methods. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information you provide is accurate and complete;
• You authorize us to charge the full amount of your order to the specified payment method.

Davanni's uses industry-standard encryption and security measures to protect your payment information. However, we are not responsible for any unauthorized access to payment data resulting from circumstances beyond our reasonable control.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared or dispatched. If you experience a problem with your order, please contact us at [email protected] within 24 hours of receipt. Refunds or replacements will be handled on a case-by-case basis at our sole discretion, in compliance with applicable consumer protection laws under the Federal Trade Commission Act (15 U.S.C. § 41 et seq.).

6. Intellectual Property Rights

All content available on or through the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and compilation of the Website (collectively, "Content"), is the exclusive property of Davanni's or its content suppliers and is protected by United States and international intellectual property laws, including the Copyright Act of 1976 (17 U.S.C. § 101 et seq.) and the Lanham Act (15 U.S.C. § 1051 et seq.).

The Davanni's name, logo, and all related product and service names, design marks, and slogans are trademarks or registered trademarks of Davanni's. You may not use any such marks without our prior written permission. All other trademarks not owned by Davanni's that appear on this Website are the property of their respective owners.

6.1 Limited License

Subject to your compliance with these Terms, Davanni's grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with placing orders and accessing information about our Services. This license does not include the right to:

• Reproduce, distribute, publicly perform, or publicly display any Content;
• Modify or create derivative works based on the Content;
• Use any Content for commercial purposes without our express written consent;
• Remove or alter any copyright, trademark, or other proprietary notices contained in the Content.

6.2 User-Submitted Content

If you submit any content to us (including reviews, feedback, photographs, or comments), you grant Davanni's a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or have the necessary rights to grant this license and that your content does not infringe any third-party rights.

7. Food Allergen and Nutritional Information Disclaimer

Davanni's makes reasonable efforts to provide accurate information regarding ingredients, allergens, and nutritional content of our menu items. However, our food products are prepared in facilities where allergens such as wheat, dairy, eggs, soy, tree nuts, peanuts, fish, and shellfish may be present. We cannot guarantee that any menu item is completely free from allergens.

If you have food allergies, dietary restrictions, or specific nutritional requirements, we strongly encourage you to contact us directly at [email protected] before placing an order. Davanni's shall not be liable for any allergic reactions, adverse health effects, or other consequences arising from the consumption of our products where such restrictions have not been communicated to us in advance.

8. Disclaimer of Warranties

THE WEBSITE AND ALL SERVICES PROVIDED BY DAVANNI'S ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE UNITED STATES 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 WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION AVAILABLE ON THE WEBSITE;
• WARRANTIES THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED;
• WARRANTIES THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, DAVANNI'S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• Your use of or inability to use the Website or Services;
• Any unauthorized access to or alteration of your transmissions or data;
• Any errors, inaccuracies, or omissions in any content or information on the Website;
• Any food products ordered through the Website;
• Any third-party conduct or content accessed through the Website;
• Any other matter relating to the Website or Services.

IN NO EVENT SHALL DAVANNI'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DAVANNI'S IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

The limitations of liability set forth above are fundamental elements of the basis of the bargain between Davanni's and you. The Services would not be provided without such limitations.

10. Indemnification

You agree to defend, indemnify, and hold harmless Davanni's, its officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, 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 of Service;
• Your use of the Website or Services in any manner that violates applicable law;
• Your submission of false, inaccurate, or misleading information;
• Your infringement of any intellectual property, privacy, or other rights of any third party;
• Any content you submit, post, or transmit through the Website;
• Your negligence, willful misconduct, or fraud.

Davanni's reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with Davanni's in asserting any available defenses.

11. Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Davanni's. We provide such links solely for your convenience and do not endorse, control, or assume any responsibility for the content, privacy practices, or terms of service of any third-party sites. Your interactions with third-party websites are subject to their respective terms and policies. We encourage you to review the terms and privacy policies of any third-party sites you visit.

Davanni's shall not be liable for any damages or losses arising from your use of any third-party websites, services, or content accessed through links on our Website.

12. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information. By using the Website, you consent to the practices described in our Privacy Policy. To the extent we operate in or serve residents of California, our data practices also comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq.

13. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or relating to these Terms, the Website, or the Services shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state where Davanni's principal place of business is located, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction.

Subject to the dispute resolution provisions below, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby irrevocably submit to the personal jurisdiction and venue of such courts.

To the extent applicable, these Terms are subject to and shall comply with the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and all other applicable federal consumer protection laws.

14. Dispute Resolution

14.1 Informal Resolution

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

14.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT AND CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF TO PROTECT INTELLECTUAL PROPERTY RIGHTS, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR YOUR USE OF THE SERVICES, SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES.

The arbitration shall be conducted in English and shall take place in the United States. The arbitrator's decision shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees, except as otherwise required by applicable law or the AAA rules.

14.3 Class Action Waiver

YOU AND DAVANNI'S AGREE THAT EACH PARTY 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. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a class or representative proceeding or claims.

14.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes that qualify under the applicable small claims court rules and jurisdictional limits.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Website or Services. Davanni's may, at its sole discretion and without notice, terminate or suspend your access to all or part of the Website and Services for any reason, including but not limited to your breach of these Terms, fraudulent activity, or conduct that Davanni's believes is harmful to other users, third parties, or the interests of Davanni's.

Upon termination:

• Your right to use the Website and Services will immediately cease;
• Any outstanding payment obligations you have incurred will remain due and payable;
• Davanni's may delete or disable your account and all associated data;
• All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, dispute resolution, and governing law.

You may also terminate your account at any time by contacting us at [email protected] and requesting account deletion.

16. Changes to Terms of Service

Davanni's reserves the right to modify, update, or replace these Terms of Service at any time in our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where required by applicable law, provide you with additional notice (such as an email notification or a prominent notice on the Website).

Your continued use of the Website or Services after any changes to the Terms take effect constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Website and Services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

17. Force Majeure

Davanni's shall not be held liable for any delay or failure to perform our obligations under these Terms where such delay or failure results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government orders, civil unrest, strikes, labor disputes, power outages, internet disruptions, supply chain failures, or any other cause beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, Davanni's will make reasonable efforts to notify you of the delay and resume performance as soon as reasonably practicable.

18. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction under applicable United States law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these Terms shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

In the event that any provision of these Terms conflicts with applicable law, such provision will be deemed superseded by the applicable law, and the rest of the Terms shall remain in full effect.

19. Waiver

The failure of Davanni's to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by a duly authorized representative of Davanni's. A waiver of any breach or default under these Terms shall not be deemed 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 agreements published by Davanni's on the Website, constitute the entire agreement between you and Davanni's with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and Services.

No oral or written information provided by Davanni's or its representatives shall create a warranty or alter these Terms unless expressly incorporated herein in writing.

21. Electronic Communications

By using the Website and Services, you consent to receiving electronic communications from Davanni's, including but not limited to order confirmations, receipts, notices regarding your account, promotional offers, and updates to our policies. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

22. Accessibility

Davanni's is committed to ensuring that our Website is accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1. If you experience any accessibility issues with our Website, please contact us at [email protected] so that we may address your concerns.

23. Contact Information

If you have any questions, concerns, or comments about 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 within a reasonable time, typically within five (5) to ten (10) business days. For urgent matters relating to order issues, please contact us as soon as possible to allow us to address your concern promptly.