Subscription Program Terms and Conditions

1. Definitions

For the purposes of these Terms and Conditions:

• "Subscriber" or "You" refers to the individual or business entity that has purchased a subscription program.
• "Donatos", "We", "Us", or "Our" refers to Donatos Pizza located at 8990 Coit Rd, Ste 600, Frisco, TX 75035.
• "Subscription Program" refers to any recurring delivery program offered by Donatos, including but not limited to the Corporate Catering Club (Pepperoni Tier, Founders Fav Tier, and Works-aholic Tier) and Personal Pizza Club.
• "Food Value Amount" refers to the predetermined dollar value of food and beverages included in each delivery according to the selected subscription tier.
• "Delivery Date" refers to the scheduled date and time for delivery of your subscription order.
• "Business Days" refers to Monday through Friday, excluding federal holidays and days when our restaurant is closed.

2. Subscription Programs Overview

Donatos offers various subscription programs designed to provide regular, convenient delivery of our Edge to Edge® pizzas and other menu items. Each program has specific terms regarding:

• Food value amount per delivery
• Delivery frequency (weekly, bi-weekly, or monthly)
• Menu customization options
• Pricing and payment terms
• Subscription duration and renewal terms

Specific details for each subscription tier are provided at the time of purchase and in your subscription confirmation email.

3. Food Value and Order Accuracy

3.1 Food Value Guarantee

Each subscription tier includes a specified Food Value Amount for each delivery. While we strive to match this value exactly, we cannot guarantee that the actual food value delivered will match the stated Food Value Amount precisely.

3.2 Factors Affecting Food Value

Variations in food value may occur due to:

• Menu price changes
• Product availability and substitutions
• Seasonal menu variations
• Rounding of quantities to accommodate whole items
• Special promotions or discounts applied

3.3 Order Modifications

If your submitted order exceeds your Food Value Amount, we reserve the right to automatically remove the lowest-priced item(s) from your order to bring the total within your Food Value Amount. If you wish to include removed items, you must contact the store at (469) 252-0655 and provide payment for the overage amount prior to your scheduled delivery date.

4. Subscription Setup and Preferences

4.1 Initial Setup

Upon purchasing a subscription, you will receive a confirmation email with instructions for submitting your delivery preferences. You must provide:

• Preferred start date for your first delivery
• Preferred delivery day(s) and time(s)
• Food and beverage preferences (if applicable to your tier)
• Your phone number, email address, and business name/location

4.2 Processing Time

Please allow 24-48 hours (business days) for us to process your submitted preferences. You will receive a confirmation email with your complete order details and delivery schedule once processing is complete.

4.3 Preference Changes

Founders Fav Tier Subscribers: May change their food preferences once per month via email. If you submit a preference change in any given month, you must wait at least 30 days before submitting another change request.

All Other Tiers: Food preferences are fixed for the duration of your subscription term unless otherwise specified in your subscription agreement.

5. Delivery Terms

5.1 Delivery Schedule

Deliveries will occur on your selected day(s) and time(s) according to your subscription frequency. We will make every reasonable effort to deliver within your specified time window.

5.2 Delivery Address

You are responsible for providing an accurate delivery address. Deliveries will be made to the address provided at the time of subscription setup. Address changes must be submitted in writing via email at least 7 days prior to your next scheduled delivery.

5.3 Failed Deliveries

If delivery cannot be completed due to:

• Incorrect or inaccessible delivery address
• No one available to receive the delivery
• Unsafe delivery conditions
• Any other reason beyond our control

We reserve the right to charge the full subscription amount without rescheduling or refund. We will make reasonable attempts to contact you prior to leaving the delivery location.

5.4 Holiday and Closure Policy

If your scheduled Delivery Date falls on a holiday or a day when either our restaurant or your business is closed:

• If we are closed: We will contact you via email to arrange an alternative delivery date.
• If you are closed: You must notify us via email to reschedule your delivery.

All rescheduling requests due to closures must be submitted at least 7 days prior to your scheduled Delivery Date when possible. We are not responsible for missed deliveries if communication has not been acknowledged by both parties.

5.5 Delivery Date Changes

Changes to your scheduled Delivery Date must be submitted via email at least 7 days in advance. This 7-day advance notice requirement applies to any date changes for specific orders. Requests submitted with less than 7 days' notice may be accommodated at our sole discretion but are not guaranteed.

6. Payment Terms

6.1 Subscription Fees

Subscription fees are based on your selected tier and frequency and are charged according to the payment schedule agreed upon at the time of purchase. All fees are non-refundable except as expressly provided in these Terms and Conditions.

6.2 Payment Methods

We accept payment via credit card, debit card, or other payment methods as indicated at the time of purchase. You authorize us to charge your payment method for all subscription fees.

6.3 Failed Payments

If any payment fails or is declined, we reserve the right to:

• Suspend or cancel your subscription
• Reattempt charging your payment method
• Require alternative payment before resuming deliveries

6.4 Price Changes

We reserve the right to modify subscription pricing with 30 days' written notice. Price changes will not affect your current subscription term but may apply to any renewal or new subscription term.

7. Cancellation Policy

7.1 Subscriber-Initiated Cancellation

You may cancel your subscription at any time by submitting a cancellation request via email at least 7 days prior to your next scheduled Delivery Date. This ensures we can process your cancellation without charging you for the upcoming delivery.

7.2 Required Information for Cancellation

All cancellation requests must include:

• Your phone number
• Your email address
• Your business name and/or location
• Your subscription tier
• Reason for cancellation (optional but appreciated)

7.3 Cancellation Processing

Once we receive your cancellation request, we will send you a confirmation email within 24-48 business hours. Your subscription will remain active until the end of your current paid period. No refunds will be provided for unused portions of your subscription term unless otherwise required by law.

7.4 Donatos-Initiated Cancellation

We reserve the right to cancel your subscription immediately without notice if:

• Payment cannot be processed or is repeatedly declined
• You violate these Terms and Conditions
• You engage in fraudulent or abusive behavior
• Delivery cannot be completed for reasons within your control after multiple attempts
• We cease offering subscription programs

8. Rewards Program Integration

8.1 Personal Pizza Club

Personal Pizza Club subscribers will have their subscription benefits added to their Donatos Rewards account. Please allow 24-72 hours (business days) for subscription items to be added to your rewards account.

8.2 Rewards Terms

Use of rewards earned through subscription programs is subject to the Donatos Rewards program terms and conditions, which can be found at donatos.com.

9. Product Quality and Food Safety

9.1 Quality Commitment

We are committed to providing high-quality food prepared with fresh ingredients and delivered in proper condition. All food items are prepared according to our standard recipes and food safety protocols.

9.2 Quality Issues

If you receive an order that does not meet your expectations or appears to have quality issues, please contact us immediately at (469) 252-0655. We will work with you to resolve the issue, which may include:

• Remaking and redelivering your order
• Providing a credit toward your next delivery
• Other remedies as deemed appropriate

9.3 Allergies and Dietary Restrictions

While we will make reasonable efforts to accommodate dietary restrictions and allergen concerns, we cannot guarantee that our products are free from allergens. Our kitchen handles common allergens including wheat, milk, eggs, soy, tree nuts, peanuts, fish, and shellfish. If you have severe food allergies, please consult with our staff before subscribing.

10. Modifications to Subscription Programs

10.1 Program Changes

We reserve the right to modify, suspend, or discontinue any subscription program or tier at any time with or without notice. If we discontinue your subscription program during your active subscription term, we will:

• Provide at least 30 days' written notice
• Offer you the option to transfer to a comparable program (if available)
• Provide a prorated refund for any unused portion of your subscription

10.2 Menu Changes

Our menu items and availability may change from time to time. If a menu item in your subscription preferences becomes unavailable, we will:

• Substitute a comparable item of equal or greater value
• Contact you to request alternative preferences (when practical)
• Make reasonable efforts to notify you of substitutions

10.3 The Shuffle Program

If you opt into "The Shuffle Program," you authorize us to provide menu variety at our discretion while maintaining your Food Value Amount and delivery schedule. Shuffle selections will vary and may include any items from our regular menu.

11. Liability and Disclaimers

11.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DONATOS PIZZA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use of or inability to use the subscription program
• Any unauthorized access to or use of your personal information
• Any interruption or cessation of delivery
• Any bugs, viruses, or other harmful code
• Any errors or omissions in any content
• Any other matter relating to the subscription program

11.2 Maximum Liability

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you for your subscription program during the three (3) months preceding the claim.

11.3 Disclaimer of Warranties

THE SUBSCRIPTION PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Intellectual Property

All content, trademarks, service marks, trade names, logos, and icons associated with Donatos Pizza and our subscription programs are the property of Donatos Pizza or its licensors. You may not use, copy, reproduce, or distribute any such content without our prior written permission.

13. Privacy and Data Protection

Your privacy is important to us. Information collected during the subscription process is subject to our Privacy Policy, available at our restaurant location or upon request. By subscribing, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

14. Communication Requirements

14.1 Email Communications

By subscribing, you agree to receive email communications from us regarding your subscription, including:

• Order confirmations
• Delivery reminders
• Schedule changes
• Program updates
• Important notices

14.2 Required Contact Information

For ALL email requests (cancellations, preference changes, delivery date changes, or any other modifications), you MUST include:

• Your phone number
• Your email address
• Your business name and/or location

This information is necessary for us to accurately match your request to your subscription account and process it promptly.

14.3 Responsibility for Contact Information

You are responsible for maintaining accurate contact information. We are not responsible for missed communications due to outdated or incorrect contact information.

15. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms and Conditions due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God
• Natural disasters
• War or terrorism
• Labor disputes
• Government actions or regulations
• Pandemics or public health emergencies
• Utility failures
• Equipment failures
• Supplier shortages

In the event of force majeure, we will make reasonable efforts to notify affected subscribers and resume normal operations as soon as practicable.

16. Dispute Resolution

16.1 Informal Resolution

If you have any concerns or disputes regarding your subscription, please contact us first to attempt to resolve the matter informally. You can reach us at:

16.2 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

16.3 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms and Conditions shall be brought exclusively in the state or federal courts located in Collin County, Texas, and you consent to the jurisdiction of such courts.

17. Miscellaneous

17.1 Entire Agreement

These Terms and Conditions, together with any subscription-specific terms provided at the time of purchase, constitute the entire agreement between you and Donatos Pizza regarding your subscription program.

17.2 Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights.

17.4 Assignment

You may not assign or transfer your subscription or these Terms and Conditions without our prior written consent. We may assign or transfer our rights and obligations under these Terms and Conditions without restriction.

17.5 Changes to Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. We will provide notice of material changes by:

• Posting the updated Terms and Conditions on our website
• Updating the "Last Updated" date at the top of this document
• Sending email notification to active subscribers (for material changes)

Your continued use of the subscription program after changes have been posted constitutes your acceptance of the modified Terms and Conditions.

18. Contact Information

If you have any questions about these Terms and Conditions or our subscription programs, please contact us:

19. Acknowledgment