Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at davanniss.digital (the "Site") or any services offered by Davanni's ("Company," "we," "us," or "our"). These Terms constitute a legally binding agreement between you and Davanni's governing your access to and use of our website, online ordering platform, and related food services.

1. Acceptance of Terms

By accessing or using our Site, placing an order, creating an account, or otherwise engaging with any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in their entirety, you must immediately discontinue all use of this Site and our services.

These Terms apply to all visitors, users, customers, and any other individuals who access or use the services offered through davanniss.digital. By using our services, you represent and warrant that you are at least eighteen (18) years of age or, if you are under 18, that you have obtained the consent of a parent or legal guardian to use our services and that such parent or legal guardian agrees to be bound by these Terms on your behalf.

Your continued use of the Site and services following the posting of any amendments or modifications to these Terms shall constitute your acceptance of such amended Terms. It is your responsibility to review these Terms periodically to stay informed of any updates or changes.

2. Description of Services

Davanni's is a food service business operating in the United States. Through our website at davanniss.digital, we offer the following services and functionalities:

• Online Menu Browsing: Users may browse our full menu of food and beverage offerings, including but not limited to pizzas, hoagies, salads, appetizers, desserts, and beverages.
• Online Ordering: Users may place orders for pickup or delivery directly through our Site, subject to availability and applicable service areas.
• Catering Services: We offer catering options for events, parties, corporate gatherings, and other occasions, available through online request forms or direct communication with our team.
• Account Management: Users may create and manage personal accounts to save order history, preferences, and payment methods for a more convenient ordering experience.
• Promotions and Loyalty Programs: We may offer special promotions, discount codes, loyalty rewards, or special deals through the Site, subject to their own terms and conditions.
• Customer Support: We provide customer support through email and other communication channels to assist with orders, feedback, complaints, and general inquiries.
• Informational Content: The Site may include blog posts, nutritional information, allergen disclosures, and other informational materials related to our food offerings and business.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation of services.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Site and services, you agree to the following obligations:

• You will provide accurate, current, and complete information when creating an account or placing an order, including your name, address, phone number, and payment information.
• You will promptly update your account information to ensure it remains accurate and complete.
• You are responsible for maintaining the confidentiality of your account login credentials and are fully responsible for all activities that occur under your account.
• You will notify us immediately at [email protected] if you become aware of any unauthorized use of your account or any other breach of security.
• You will comply with all applicable federal, state, and local laws and regulations when using our Site and services.
• You will use the Site only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit anyone else's use or enjoyment of the Site.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities in connection with your use of our Site or services:

• Fraudulent Orders: Placing orders with no intention to pay, using fraudulent payment methods, or providing false delivery information.
• Unauthorized Access: Attempting to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to our Site, through hacking, password mining, or any other illegitimate means.
• Data Scraping: Using automated tools, bots, scrapers, or crawlers to extract data from our Site without our express written consent.
• Harmful Content: Uploading, transmitting, or distributing any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Spam and Unsolicited Communications: Sending unsolicited promotional communications or spam to other users or through our communication channels.
• Impersonation: Impersonating any person or entity, including Davanni's employees or representatives, or falsely claiming an affiliation with any person or organization.
• Interference with Operations: Engaging in any activity that disrupts, damages, or interferes with the proper functioning of the Site or our services, including the introduction of viruses, Trojan horses, malware, or other harmful code.
• Commercial Misuse: Using our Site or services for commercial solicitation, resale of food products purchased through our platform, or any other unauthorized commercial purpose.
• Violating Intellectual Property: Reproducing, duplicating, copying, selling, or otherwise exploiting any portion of our Site or content without our express written permission.
• Minors and Alcohol: Ordering or attempting to obtain any age-restricted products, including alcoholic beverages where applicable, if you are under the legally required minimum age.

Violation of any of these prohibitions may result in the immediate termination of your account and access to our services, and may subject you to civil and/or criminal liability under applicable laws.

4. Intellectual Property Rights

All content and materials available on the davanniss.digital website, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, menus, recipes, layout, design, and software, are the exclusive property of Davanni's or its content suppliers and are protected by the United States copyright laws, trademark laws, and other applicable intellectual property laws and international conventions.

The Davanni's name, logo, trade dress, and all related product and service names, design marks, and slogans are the trademarks or service marks of Davanni's. Nothing in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the express written permission of Davanni's.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content solely for your personal, non-commercial use in connection with ordering food or accessing our services. This license does not include the right to:

• Modify or create derivative works based on our content;
• Reproduce, republish, upload, post, transmit, or distribute our content in any form or by any means;
• Remove any copyright, trademark, or other proprietary notices from any content;
• Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information;
• Use any meta tags or other hidden text utilizing our name or trademarks without express written consent.

Any unauthorized use of our intellectual property will constitute a violation of these Terms and applicable law, and we reserve all rights and remedies available to us under applicable law, including seeking injunctive relief and monetary damages.

If you believe that any content on our Site infringes your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without prior notice. Applicable sales taxes, delivery fees, service charges, and any other applicable fees will be clearly disclosed to you prior to completing your order. You agree to pay all charges associated with your order, including all applicable taxes and fees, at the time of purchase.

5.2 Payment Methods

We accept various payment methods as indicated on our Site at the time of checkout, which may include major credit cards, debit cards, and other electronic payment methods. By submitting a payment, you represent and warrant that (i) the payment information you provide is accurate and complete; (ii) you are authorized to use the payment method provided; and (iii) you will promptly notify us of any changes to your payment information.

5.3 Order Confirmation and Billing

Upon placing an order, you will receive an order confirmation via the email address associated with your account or provided at checkout. This confirmation represents our acceptance of your order. We reserve the right to cancel any order at our discretion, in which case we will provide a full refund using the original payment method.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally considered final once your order has been prepared. Refunds or credits may be issued at our sole discretion in cases of order errors, quality issues, or failure to deliver as promised. To request a refund or address a concern about your order, please contact us at [email protected] within 24 hours of the issue occurring.

5.5 Promotional Codes and Discounts

From time to time, we may offer promotional codes, discount vouchers, or special offers. These are subject to their own specific terms and conditions, including expiration dates and restrictions, and may not be combined with other offers unless expressly stated. We reserve the right to revoke any promotional offer at any time if we believe it is being misused.

6. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, ITS CONTENT, 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. 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, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, INFORMATION, OR MATERIALS ON THE SITE;
• WARRANTIES THAT THE NUTRITIONAL INFORMATION, ALLERGEN DISCLOSURES, OR OTHER FOOD-RELATED INFORMATION PROVIDED ON THE SITE IS ENTIRELY ACCURATE, COMPLETE, OR UP TO DATE.

Davanni's does not warrant that any errors on the Site will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful elements. You assume total responsibility and risk for your use of the Site and the internet.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES FEDERAL AND STATE LAW, IN NO EVENT SHALL DAVANNI'S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR ANTICIPATED SAVINGS;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR USE OF OR INABILITY TO USE OUR SITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE TRANSMITTED TO OR THROUGH OUR SITE BY THIRD PARTIES;
• ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USE OF ANY CONTENT POSTED OR TRANSMITTED THROUGH THE SITE.

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DAVANNI'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, Davanni's liability shall be limited to the fullest extent permitted by applicable law. In any event, our total aggregate liability to you for all claims arising from or related to these Terms or your use of our services shall not exceed the total amount you paid to Davanni's in the thirty (30) days immediately preceding the event giving rise to the claim.

8. Indemnification

You agree to defend, indemnify, and hold harmless Davanni's and its officers, directors, employees, agents, licensors, service providers, subcontractors, suppliers, 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 of Service;
• Your use or misuse of the Site or our services;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any content or information you submit, post, or transmit through the Site;
• Any fraudulent, negligent, or otherwise wrongful conduct by you in connection with our services;
• Any claims by third parties arising from your use of products or services purchased through our Site.

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, and in such case, you agree to cooperate with Davanni's defense of such claim. You agree not to settle any claim subject to indemnification without the prior written consent of Davanni's.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Davanni's is registered and operates, without giving effect to any choice or conflict of law provision or rule.

You agree that any legal action or proceeding arising out of or related to these Terms or your use of our services shall be brought exclusively in the federal or state courts of competent jurisdiction in the state where Davanni's is domiciled. By using our Site or services, you irrevocably consent to the personal jurisdiction and venue in such courts and waive any objection to the laying of venue of any such action or proceeding in such courts.

These Terms are subject to all applicable federal laws of the United States, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices, and applicable state consumer protection statutes. To the extent that you are a consumer residing in the State of California, you may also have rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and other applicable California statutes.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Davanni's at [email protected] and attempt to resolve the dispute informally. We will make a good-faith effort to resolve any dispute, claim, or controversy within thirty (30) days of receiving your written notice describing the nature of the dispute and your desired resolution.

10.2 Binding Arbitration

If we are unable to resolve a dispute informally within the thirty (30) day period described above, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or such other arbitration body as the parties may mutually agree upon. The arbitration shall be conducted in the English language, and judgment on the arbitration award may be entered in any court of competent jurisdiction.

10.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DAVANNI'S EACH WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION PROCEEDING. Unless both you and Davanni's agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent imminent irreparable harm, including but not limited to claims involving intellectual property rights. Such an action shall not waive either party's right to demand arbitration of any other claims.

10.5 Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Davanni's must be filed within one (1) year after such claim arose. Claims not filed within this limitation period shall be permanently barred, regardless of any statute of limitations to the contrary.

11. Term and Termination

11.1 Term

These Terms of Service shall remain in full force and effect for as long as you access or use our Site or services. Certain provisions of these Terms, including but not limited to intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, and dispute resolution, shall survive any termination of these Terms.

11.2 Termination by You

You may terminate your relationship with Davanni's and close your account at any time by contacting us at [email protected] with a written request. Termination of your account does not relieve you of any obligation to pay for orders placed prior to termination.

11.3 Termination by Davanni's

We reserve the right, at our sole discretion, to terminate or suspend your access to all or any part of our Site and services at any time, with or without cause, and with or without notice. Grounds for termination may include, but are not limited to:

• Violation of any provision of these Terms;
• Fraudulent, abusive, or illegal activity;
• Failure to pay for services rendered;
• Conduct that is harmful to other users, third parties, or Davanni's business interests;
• Our decision to discontinue or substantially modify our services.

11.4 Effects of Termination

Upon termination, your right to access and use the Site and services will immediately cease. We may retain or delete any account data, order history, or other information associated with your account in accordance with our Privacy Policy. Any outstanding payment obligations shall survive termination and remain due and payable.

12. Changes to Terms

Davanni's reserves the right, at its sole discretion, to modify, amend, or update these Terms of Service at any time. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, provide you with additional notice, such as by sending an email to the address associated with your account or by displaying a prominent notice on our Site.

Your continued use of the Site or services after any such modifications have been made constitutes your binding acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue use of the Site and services and, if applicable, close your account. We encourage you to review these Terms periodically to stay informed about our policies and any updates.

No modification of these Terms by you shall be valid or binding unless made in writing and signed by an authorized representative of Davanni's.

13. Third-Party Links and Services

Our Site may contain links to third-party websites, platforms, or services that are not owned or controlled by Davanni's. These links are provided for your convenience and informational purposes only. Davanni's has no control over, and assumes no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. We do not endorse or make any representations about third-party websites or the information, products, or services available on those websites.

If you access any third-party websites linked from our Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We strongly advise you to read the terms and privacy policies of any third-party website you visit.

14. Privacy and Data Protection

Your use of our Site and services is also governed by our Privacy Policy, which is hereby incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and protect your personal information. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

We are committed to protecting your personal data in accordance with applicable United States federal and state privacy laws, including the Federal Trade Commission Act and, where applicable, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). California residents have specific rights regarding their personal information, including the right to know, the right to delete, and the right to opt out of the sale of personal information.

15. Electronic Communications

By using our Site and creating an account, you consent to receive electronic communications from Davanni's, including but not limited to order confirmations, receipts, promotional emails, newsletters, and other communications related to your account and our services. These electronic communications satisfy any legal requirement that communications be in writing. You may opt out of promotional communications at any time by following the unsubscribe instructions included in such communications or by contacting us at [email protected].

16. Force Majeure

Davanni's shall not be liable for any delay or failure to perform any obligation under these Terms where such delay or failure results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, storms, pandemic or epidemic, governmental actions or restrictions, labor disputes, power outages, internet service interruptions, or supply chain disruptions. In such events, our obligations will be suspended for the duration of the force majeure event, and we will use commercially reasonable efforts to resume normal operations as soon as practicable.

17. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, unlawful, void, or for any reason unenforceable, such provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely reflects the intent of the original provision to the extent permitted by applicable law.

The failure of Davanni's to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Davanni's in writing. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

18. Entire Agreement

These Terms of Service, 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 or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

These Terms are not intended to, and shall not, create any partnership, joint venture, employment, or agency relationship between you and Davanni's. Neither party shall have any right, power, or authority to bind or obligate the other in any way without the prior written consent of an authorized representative.

19. Accessibility

Davanni's is committed to ensuring that our Site and services are 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 barriers while using our Site, please contact us at [email protected] and we will make reasonable efforts to address your concerns.

20. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service or our practices, or if you need to contact us for any reason related to your use of our Site or services, please reach out to us using the contact information below:

We will make every effort to respond to your inquiry within a reasonable time frame. For urgent matters related to food safety or order issues, please contact us via email at [email protected] and mark your subject line as "URGENT."

These Terms of Service were last reviewed and updated on April 26, 2026. Davanni's reserves all rights not expressly granted herein. Thank you for choosing Davanni's — we look forward to serving you.