Terms of Service

Effective Date: March 27, 2026  |  Last Updated: March 27, 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.digital, as well as all related services, features, content, and functionality offered by Davanni's through this Website.

By visiting, browsing, creating an account on, or otherwise using this Website, or by placing an order for food or beverage products through this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, as well as our Privacy Policy, which is incorporated herein by reference.

These Terms apply to all users of the Website, including without limitation users who are browsers, customers, merchants, and contributors of content. If you are using this Website on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such case, "you" and "your" shall refer to such entity.

You must be at least eighteen (18) years of age to use this Website, create an account, or place orders. By using this Website, you represent and warrant that you are at least 18 years of age. If you are under the age of 18, you may not use this Website without the supervision and consent of a parent or legal guardian who agrees to be bound by these Terms.

2. Company Information

This Website is operated by:

3. Description of Services

Davanni's operates as a food service business offering a variety of food and beverage products, including but not limited to pizza, sandwiches, pasta, salads, and related menu items. Through this Website, Davanni's provides the following services:

3.1 Online Ordering

Customers may browse our menu, customize food and beverage selections, and place orders for delivery, carryout, or dine-in (where available) through the Website. All orders are subject to availability, applicable pricing, and the terms set forth in this Agreement.

3.2 Menu Information

The Website provides detailed information regarding our food and beverage offerings, including descriptions, ingredients, allergen information, nutritional content (where applicable), and pricing. While we make every effort to ensure this information is accurate and up to date, menu items, prices, and availability are subject to change without prior notice.

3.3 Account Registration

Users may create a personal account on the Website to save preferences, access order history, store delivery addresses, and manage loyalty or promotional benefits, if applicable. Account registration is optional but may be required for certain features or promotional offers.

3.4 Promotional Offers and Loyalty Programs

From time to time, Davanni's may offer discounts, coupons, promotional pricing, loyalty rewards, or special offers through the Website. All such promotions are subject to their specific terms and conditions and may be modified or discontinued at any time without notice.

3.5 Customer Support

Users may contact Davanni's through the contact information provided on the Website for assistance with orders, inquiries, or complaints. Davanni's will make commercially reasonable efforts to respond to customer inquiries in a timely manner.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you or any third party.

4. User Obligations and Prohibited Activities

4.1 General Obligations

As a user of this Website, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and be solely responsible for all activities that occur under your account;
• Promptly notify Davanni's of any unauthorized use of your account or any other breach of security;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Website and services;
• Use the Website only for lawful purposes and in a manner consistent with these Terms;
• Ensure that any information you provide to us is accurate and not misleading;
• Update your account information to keep it accurate and current.

4.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities when using this Website:

• Using the Website for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
• Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website;
• Using any automated means, including robots, scrapers, crawlers, or similar tools, to access, collect, or index any portion of the Website;
• Transmitting any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, or any other form of solicitation;
• Uploading, transmitting, or distributing any content that is defamatory, obscene, harassing, abusive, threatening, hateful, or otherwise objectionable;
• Engaging in any conduct that restricts or inhibits any other person from using or enjoying the Website;
• Attempting to decipher, decompile, reverse engineer, or disassemble any software comprising or forming any part of the Website;
• Circumventing, disabling, or otherwise interfering with security-related features of the Website;
• Using the Website to collect personally identifiable information about other users without their consent;
• Placing fraudulent orders or providing false information during the ordering process;
• Engaging in any activity that could damage, disable, overburden, or impair the Website or its associated servers and networks;
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• Using another person's account without authorization;
• Attempting to manipulate pricing, promotional codes, or loyalty rewards in a manner not authorized by Davanni's.

Davanni's reserves the right to investigate and take appropriate legal or administrative action against anyone who, in Davanni's sole discretion, violates these provisions, including without limitation terminating your account and reporting such activity to law enforcement authorities.

5. Intellectual Property Rights

5.1 Ownership

All content, materials, and features on this Website, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the selection and arrangement thereof (collectively, the "Content"), are the exclusive property of Davanni's or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Trademarks

The Davanni's name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Davanni's. All other trademarks appearing on this Website are the property of their respective owners. You are not permitted to use any of these marks without the prior written consent of the respective mark owner.

5.3 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 for your personal, non-commercial use only. This license does not include any right to: (i) resell or commercially exploit any of the Content; (ii) distribute, publicly perform, or publicly display any Content; (iii) modify or otherwise make any derivative works of the Content; (iv) use any data mining, robots, or similar data gathering and extraction methods; or (v) download or copy account information for the benefit of any third party.

5.4 User-Submitted Content

If you submit, post, or otherwise make available any content on or through the Website, including but not limited to reviews, comments, feedback, or suggestions ("User Content"), you grant Davanni's a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant this license, and that your User Content does not infringe the intellectual property rights or other rights of any third party.

6. Online Ordering and Payment Terms

6.1 Order Placement and Acceptance

When you place an order through our Website, you are making an offer to purchase the selected food and beverage items at the prices and specifications indicated. Davanni's reserves the right to accept or decline any order at its sole discretion. An order confirmation sent to your email address constitutes Davanni's acceptance of your order; however, this does not guarantee availability.

6.2 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales taxes or applicable delivery fees unless otherwise stated. The total price, including applicable taxes and fees, will be disclosed to you before you complete your order.

6.3 Payment Methods

Davanni's accepts various forms of payment as indicated on the Website at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize Davanni's to charge your payment method for the full amount of your order, including any applicable taxes, fees, and gratuity.

6.4 Taxes

You are responsible for paying all applicable federal, state, and local sales taxes, use taxes, or other taxes associated with your purchase. Davanni's will collect and remit applicable sales taxes as required by law.

6.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. If you believe there is an error with your order or you have received an incorrect or unsatisfactory order, please contact us immediately at [email protected]. Davanni's will review your concern and, at its sole discretion, may offer a refund, credit, or replacement. Cancellations must be requested before your order has been prepared. Once preparation has begun, cancellations may not be possible.

6.6 Delivery and Carryout

Delivery is available within designated service areas. Estimated delivery times are provided as a courtesy and are not guaranteed. Davanni's is not liable for delays caused by factors beyond its reasonable control. Risk of loss and title for food items pass to the customer upon delivery or pickup.

7. Allergen and Dietary Information

Davanni's makes every effort to provide accurate allergen and nutritional information. However, our food products are prepared in kitchens where allergens such as wheat, dairy, eggs, nuts, soy, and other common allergens are present. We cannot guarantee that any menu item is free from all allergens or cross-contamination. Customers with severe food allergies or dietary restrictions should exercise caution and 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.

8. Disclaimers and "As-Is" Basis

8.1 General Disclaimer

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DAVANNI'S DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

8.2 Accuracy of Information

While Davanni's strives to ensure that all information on the Website is accurate and up to date, we do not warrant or guarantee the accuracy, completeness, reliability, or timeliness of any content, including menu items, prices, nutritional information, or promotional offers. Davanni's reserves the right to correct any errors, inaccuracies, or omissions at any time without prior notice.

8.3 Third-Party Links

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

8.4 FTC Compliance

Davanni's complies with the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and all applicable FTC regulations concerning consumer protection, fair trade practices, and truthful advertising. We are committed to honest and transparent business practices in all communications and marketing.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAVANNI'S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of (or inability to access or use) the Website;
• Any conduct or content of any third party on the Website;
• Any content obtained from the Website;
• The consumption of food or beverage products ordered through the Website;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any technical errors, service interruptions, or failures of the Website;
• Any other matter relating to the services.

IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, DAVANNI'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAVANNI'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DAVANNI'S IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

10. Indemnification

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

• Your violation of these Terms;
• Your use of the Website or services;
• Your User Content;
• Your violation of any applicable law, rule, or regulation;
• Your violation of any rights of another person or entity;
• Any fraudulent or malicious activity conducted by you;
• Any dispute between you and any third party.

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 with Davanni's in asserting any available defenses.

11. Privacy and Data Protection

Davanni's collects, uses, and protects personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference and is available on our Website. By using the Website, you consent to the collection and use of your personal information as described in our Privacy Policy.

For customers located in California, Davanni's complies with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), which provide California residents with specific rights regarding their personal information, including the right to know, the right to delete, the right to opt-out of the sale of personal information, and the right to non-discrimination. For more information about your California privacy rights, please refer to our Privacy Policy or contact us at [email protected].

12. Governing Law and Jurisdiction

These Terms of Service 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 in which Davanni's principal place of business is located, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or related to these Terms or your use of the Website shall be instituted exclusively in the federal or state courts of competent jurisdiction in the state in which Davanni's principal place of business is located. You irrevocably consent to personal jurisdiction and venue in such courts and waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

These Terms are subject to applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.), and any other applicable federal statutes and regulations governing e-commerce and consumer protection.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website and services by first contacting Davanni's in writing at [email protected] and providing a detailed description of the dispute and the relief sought. Davanni's will attempt to resolve the dispute informally within thirty (30) days of receiving your written notice.

13.2 Binding Arbitration

If the dispute cannot be resolved informally within thirty (30) days, you and Davanni's agree to resolve any disputes through binding individual arbitration in accordance with the rules of the American Arbitration Association (AAA), rather than in a court of law, except as provided in Section 13.4 below. The arbitration shall be conducted in the English language, and the arbitrator's decision shall be final and binding on both parties.

13.3 Class Action Waiver

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes that qualify. Additionally, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

13.5 Time Limitation on Claims

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE. IF NOT FILED WITHIN ONE (1) YEAR, THE CLAIM IS PERMANENTLY BARRED.

14. Term and Termination

14.1 Duration

These Terms shall remain in full force and effect while you use the Website or maintain an account with Davanni's.

14.2 Termination by You

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Website will immediately cease.

14.3 Termination by Davanni's

Davanni's reserves the right to suspend or terminate your account and access to the Website at any time, with or without cause and with or without notice, including without limitation if Davanni's believes that you have violated these Terms. Upon termination, your right to use the Website will immediately cease, and Davanni's may, in its sole discretion, delete your account and all associated data.

14.4 Effect of Termination

Upon termination of these Terms for any reason, all licenses granted to you under these Terms shall immediately terminate. Sections that by their nature should survive termination shall survive, including but not limited to Sections 5, 8, 9, 10, 12, 13, and 15 through 18.

15. Changes to Terms

Davanni's reserves the right to modify, update, or revise these Terms of Service at any time in its sole discretion. When changes are made, we will update the "Last Updated" date at the top of this page. For material changes, we may provide additional notice, such as sending an email to the address associated with your account or posting a prominent notice on our Website.

Your continued use of the Website after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Website. It is your responsibility to review these Terms periodically for any changes.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, such provision shall be severed from these Terms without affecting the validity, legality, and enforceability of the remaining provisions. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect.

17. Entire Agreement and Waiver

These Terms, together with our Privacy Policy and any other legal notices or policies 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 such subject matter.

No waiver by Davanni's of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Davanni's to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Electronic Communications

By using this Website, you consent to receiving electronic communications from Davanni's. These communications may include notices about your account, order confirmations, and promotional offers. You agree that any notices, agreements, disclosures, or other communications that Davanni's sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and applicable state laws.

19. Force Majeure

Davanni's shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, government orders or restrictions, war, terrorism, civil unrest, strikes or labor disputes, power outages, internet or telecommunications failures, or any other event that is beyond the reasonable control of Davanni's.

20. No Third-Party Beneficiaries

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

21. Headings

The headings and section titles in these Terms are for convenience only and shall not affect the interpretation of these Terms.

22. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, or if you need to contact Davanni's for any reason related to your use of the Website or services, please contact us using the information below: