Terms of SERVICE
Terms of Service for FIZZZY
FIZZZY Terms of Service
Welcome to FIZZZY!
These Terms of Service (“Terms”) govern your use of the FIZZZY platform and website (the “Service”). By using the Service, you agree to be bound by these Terms.
Eligibility:
You must be 18 years old or older to use the Service.
Content Creation Pipelines:
FIZZZY offers tiered content creation pipelines:
- Essentials: 1 design/day
- Growth: 2 designs/day
- AutoPilot: 3 designs/day
Turnaround Time:
Our 24-hour turnaround includes one revision or work-in-progress delivery. Complex projects, like video editing, may require additional time.
Advertising:
- A maximum of 5 Ads Placements (or SKUs) are included for advertising. Additional Advertisements or SKUs can be purchased in the dashboard.
- Advertising schedules require 48 hours’ notice after approval.
Advertising Accounts & Liability:
- FIZZZY places ads via your existing advertising manager account (e.g., Google Ads, Facebook Ads). We do not provide advertising accounts.
- FIZZZY is not liable for content banned or blocked by advertising platforms.
- You are responsible for providing the media budget for advertising (we will repay if we have caused overspending by miscalculation.
Social Media Content Management System:
FIZZZY owns and licenses the software integral to our “AutoPilot” content creation service. This license allows us, FIZZZY, to maintain and operate the software while granting you, the client, the right to use it as part of your package. The fee for using this system is included in your service charges, ensuring you can manage content schedules and access metrics seamlessly on our platform. We provide shared access to this platform, facilitating your ability to track and manage your digital content effectively.
Content schedules require 48 hours’ notice after approval. Within the 48h-hour window, clients are responsibile for modifying or changing the scheduling timelines.
Design Requests:
There is a maximum of 90 total design requests per month.
Channel Management Terms:
Channel management includes the scheduling of content but does not cover customer service. Comment replies are managed by AI and not by human operators.
Competitor Benchmarking
Users are permitted to track and analyze up to 10 competitors per social media channel using FIZZZY’s competitor benchmarking service, which provides insights into competitors’ social media performance, advertising strategies, and digital presence. Data is collected from publicly available sources and social media platforms; while FIZZZY endeavors to provide accurate data, it does not guarantee its completeness or accuracy. The insights provided are for internal use only and may not be shared or redistributed without FIZZZY’s explicit permission. Users must maintain the confidentiality of any proprietary insights gained and ensure their use of the benchmarking service complies with all applicable laws and regulations. Unauthorized sharing or misuse of these insights is strictly prohibited.
Revisions & Additional Services:
Additional revisions or services beyond the chosen pipeline may incur extra charges.
Intellectual Property:
You retain ownership of your content uploaded to FIZZZY. FIZZZY retains ownership of the content it creates on your behalf, but grants you a non-exclusive license to use it for your business purposes.
Privacy:
Our Privacy Policy governs our handling of your personal information.
Changes to Terms:
We may update these Terms at any time. Continued use of the Service signifies your acceptance of the updated Terms.
Governing Law:
These Terms are governed by the laws of FIZZZY’s jurisdiction, Hong Kong SAR, handled by FIZZZY parent company Live & Breathe Ltd. (Hong Kong)
Contact Us:
For questions, please contact us at [email protected]
Termination:
You may terminate your subscription at any time before the next billing cycle. However, please note that refunds are not offered for unused portions of the subscription term. FIZZZY reserves the right to terminate your access to the Service for any reason, with or without notice, if you violate these Terms.
Payment Terms:
Payment for subscriptions is made through Stripe, a secure online payment processing platform. You are responsible for ensuring sufficient funds are available in your chosen payment method to cover subscription fees.
Data Ownership & Security:
FIZZZY takes data security very seriously. We will not sell or share your data with any third party without your consent. We utilize industry-standard security practices to protect your data. You retain ownership of all content you upload to the Service. FIZZZY owns the content it creates on your behalf, but grants you a non-exclusive license to use it for your business purposes.
Dispute Resolution:
We strive to resolve any disputes with our clients amicably. If you have a dispute with FIZZZY, please contact us at [email protected] . We will attempt to mediate the dispute in good faith. If we are unable to reach a resolution, you agree to submit the dispute to binding arbitration in accordance with the rules of the Hong Kong Arbitration Association.
Warranties & Disclaimers:
FIZZZY strives to provide a high-quality service. However, we do not warrant that the Service will be uninterrupted, error-free, or meet all of your specific requirements. The Service is provided “as is” and without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Content Restrictions:
You agree not to upload or post any content that is illegal, hateful, threatening, abusive, defamatory, obscene, or infringes on the intellectual property rights of others. FIZZZY reserves the right to remove any content that violates these Terms or that we deem objectionable.
Entire Agreement:
These Terms constitute the entire agreement between you and FIZZZY regarding your use of the Service and supersede all prior or contemporaneous communications and proposals.
Severability:
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
Waiver:
No waiver by FIZZZY of any breach of these Terms shall be deemed a waiver of any subsequent breach.
