Terms of Service

Agreement to Terms

Pizza Store V2 (“we,” “our,” or “the store”) operates this white-label web and mobile ordering application. This ordering service is powered by Per Diem, which provides the technology infrastructure enabling online ordering.

By accessing or using this site or mobile app to browse menus, place orders for pickup or delivery, create an account, or use any related features, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, do not use this ordering service.

Use of the Ordering Service

You may use this application only for lawful purposes: to view menus, place orders for products offered by Pizza Store V2, schedule pickup or delivery, manage your account, and participate in eligible programs (e.g., loyalty, promotions) where available.

You must provide accurate and complete information when placing orders and creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

Platform Role and Responsibility

Per Diem provides the technology platform enabling online ordering. The store is solely responsible for menu pricing, food preparation, ingredient accuracy, allergen disclosures, order fulfillment, delivery arrangements, regulatory compliance, and customer service.

Per Diem is not a restaurant and does not prepare or sell food. Per Diem is not responsible for the quality, safety, or accuracy of food or menu items offered by the store.

Data Collection, Consent, and Privacy

By using this ordering service, you affirmatively consent to the data collection and processing practices described in our Privacy Policy, which is incorporated into these Terms by reference. This consent is required by and satisfies the requirements of the California Invasion of Privacy Act (CIPA), the Illinois Biometric Information Privacy Act (BIPA), the Florida Security of Communications Act, the Washington Privacy Act, the federal Electronic Communications Privacy Act (ECPA), and the all-party consent laws of Connecticut, Maryland, Michigan, Montana, Nevada, New Hampshire, Oregon, and Pennsylvania.

Specifically, you consent to:

• Collection and processing of your personal information as described in the Privacy Policy
• Use of cookies, SDKs, and tracking technologies for analytics, performance, and marketing (subject to your consent preferences)
• Receipt of push notifications related to your orders and, where opted in, promotions
• Recording and logging of communications with customer support for quality and legal compliance purposes

You may withdraw consent at any time as described in the Privacy Policy. Withdrawal of consent does not affect the lawfulness of processing prior to withdrawal.

In the event of any conflict between these Terms and the Privacy Policy regarding data practices, the Privacy Policy governs.

Data Liability: Per Diem and Merchant Responsibilities

The store (merchant) is the data controller and is responsible for:

• Ensuring this Privacy Policy and these Terms are displayed and accessible to customers
• Maintaining a valid, up-to-date privacy policy for their branded app and web ordering page
• Notifying their customers of any material changes to data practices
• Responding to customer data requests (access, deletion, correction) within legally required timeframes
• Ensuring their use of the Per Diem platform complies with all applicable laws in the jurisdictions in which they operate

Per Diem is responsible for:

• Maintaining the technical infrastructure for data collection and processing in compliance with applicable law
• Ensuring third-party SDKs and service providers embedded in the platform are contractually bound to handle data lawfully
• Providing merchants with updated Privacy Policy templates when material platform-level data practices change
• Implementing and maintaining the consent framework (consent screens, cookie banners, opt-out mechanisms) described in the Privacy Policy

Each party agrees to indemnify and hold harmless the other from claims, damages, or penalties arising from that party's own failure to comply with applicable privacy laws or these Terms.

Orders, Payment and Fulfillment

All orders are subject to product availability and acceptance by the store. Prices, fees (including delivery or service fees), and taxes are as displayed at checkout.

Payment is processed at the time of order through Stripe unless otherwise stated. By placing an order, you authorize payment processing.

We reserve the right to refuse, limit, or cancel orders (e.g., for suspected fraud, policy violations, or operational reasons).

Pickup and delivery times are estimates and not guaranteed. You are responsible for receiving your order at the designated time and location.

Refunds, Cancellations and Modifications

Refund and cancellation policies are set by Pizza Store V2. Requests for refunds, order changes, or cancellations should be directed to the store as soon as possible. Per Diem is not responsible for refund decisions made by the store.

Prohibited Conduct

You may not use this ordering service to:

• Harass, abuse, or harm others
• Submit false or misleading information
• Attempt to gain unauthorized access to systems or accounts
• Interfere with platform security or attempt to intercept communications
• Circumvent consent mechanisms or privacy controls
• Violate applicable laws, including privacy laws

We may suspend or terminate your access for violations of these terms.

Disclaimer of Warranties

This ordering service is provided “as is” and “as available.” We do not warrant that the service will be uninterrupted, error-free, or free of harmful components. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.

Limitation of Liability

To the maximum extent permitted by law, Pizza Store V2, Per Diem, and their operators and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or use, arising from your use of this ordering service.

Our total aggregate liability for any claims related to the service shall not exceed the greater of: (a) the total amounts you paid for orders in the 12 months preceding the claim, or (b) one hundred US dollars ($100).

Notwithstanding the foregoing, nothing in these Terms limits liability for: (i) death or personal injury caused by negligence; (ii) fraud or willful misconduct; (iii) any liability that cannot be limited or excluded under applicable law, including statutory damages under BIPA or similar laws where such limitations are prohibited.

Indemnification

You agree to indemnify and hold harmless Pizza Store V2, Per Diem, and their affiliates, employees, and service providers from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) your misuse of the ordering service; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) any information you submit through the service.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles, except that privacy-related claims by residents of California, Illinois, Florida, Washington, or other states with specific consumer privacy laws shall be governed by the laws of the state in which the claiming user resides, to the extent required by applicable law.

Any disputes arising out of or relating to these Terms or the ordering service shall first be subject to good-faith negotiation. If not resolved within 30 days, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction for matters involving intellectual property or urgent data security issues.

Nothing in this section limits your rights to file complaints with applicable state data protection authorities.

Force Majeure

We are not liable for delays or failures resulting from causes beyond our reasonable control, including system outages, internet disruptions, payment processor failures, natural disasters, or government actions.

Changes to These Terms

We may update these Terms of Service from time to time. The “Last updated” date at the top indicates the most recent version. For material changes, we will notify you via the app or email at least 30 days before the change takes effect. Continued use of the ordering service after the effective date constitutes acceptance of the updated terms.

Contact

For questions about these terms, order issues, or the ordering service, please contact Pizza Store V2 directly using the contact information provided on this site or at the store.

For privacy-specific inquiries or to exercise your data rights: support@tryperdiem.com

Acknowledgment

By using this ordering application, you acknowledge that you have read, understood, and affirmatively agree to these Terms of Service, including the data consent provisions in the Data Collection, Consent, and Privacy section. This constitutes your explicit, informed consent for purposes of all applicable privacy and wiretapping laws.