FizzUp Terms of Service

1. Provider and contact

FizzUp is provided by DB 77 CUW Sp. z o.o., ul. Żółkiewskiego 31, 87-100 Toruń, Poland, NIP 8792706635, REGON 381680838, KRS 0000755526.

Support and complaints: support@fizzup.ai.

Privacy: privacy@fizzup.ai.

2. What FizzUp is

FizzUp is a digital educational service supporting English-language learning, including AI text and voice conversations, exercises, language analysis, learning plans, educational content, progress history and personalised feedback.

FizzUp is not an official language-certification body, a state examination, or a medical, psychological, legal or financial service. AI may make mistakes and users should evaluate outputs in context.

3. Access models

FizzUp may be offered as:

1. B2B Organisation — a seat is funded by an organisation under the Enterprise Terms;
2. B2C Individual — a user purchases their own subscription under the Consumer Subscription Terms;
3. Family — one adult payer funds several independent adult accounts under the Family Plan Terms.

As of version 2.3, active sales cover B2B. B2C and Family may be activated later without changing the common privacy principles applicable to accounts.

4. Contract formation and age

The service contract is formed when the user creates or activates an account and accepts these Terms. Payment terms depend on the chosen access model and purchase channel.

FizzUp is intended for persons who are at least 18 years old and have capacity to enter into the relevant agreement. By accepting these Terms, the user declares that they meet this condition. If an age under 18 is stated in the profile, purchases, saving recordings and sharing progress in a Family plan require parent or guardian consent, as described in the Privacy Policy.

An organisation admin or Family payer cannot accept private-coaching terms on behalf of another adult user. Each user activates their own account.

5. Account

Users are responsible for the accuracy of data required to create the account, the confidentiality of login credentials and lawful use of the account.

One account is intended for one person. Users may not share accounts, circumvent seat limits or create accounts to abuse promotions or access controls.

If a user loses access to a work email address, FizzUp may require additional verification before changing it to a private email address.

6. Technical requirements

The service requires a compatible device, current software and internet access. Voice features require microphone access. Some features may depend on Apple, Google or another platform provider.

Users are responsible for data-transmission charges and device compatibility.

7. AI, voice and external providers

Before an AI interaction begins, users are informed that they are interacting with AI. FizzUp may use more than one AI-model, speech-to-text, text-to-speech or infrastructure provider.

Before first using the voice feature, the user is informed that live audio and its transcript are transferred in real time to the external AI provider used for the session — currently Google Gemini or OpenAI — and confirms that the notice was presented and acknowledged. The active provider may depend on service configuration. Without the required confirmation, the feature will not start. The confirmation is not described as consent where processing is based on performing the user-requested service.

FizzUp does not store live conversation audio. Transcript text is kept for 90 days by default, and comparison-task recordings are kept only if the user turns saving on, for up to 7 days. The user can change these settings in the app; the Privacy Policy describes the details.

FizzUp does not guarantee that AI output will always be correct, complete, current or appropriate for every purpose.

8. User content and materials

Users retain rights in content they submit to FizzUp. They grant FizzUp a non-exclusive, limited authorisation to technically process that content only as needed to provide, personalise, secure and maintain the service in accordance with the Privacy Policy.

Users should not submit special-category personal data, trade secrets, third-party confidential data or materials they are not entitled to use unless this is necessary and lawful.

Private user content is not used to train general AI models. FizzUp may improve its teaching methodology using anonymous or effectively aggregated data.

9. FizzUp intellectual property

The software, interface, name, trademarks, proprietary scenarios, methodology, exercise database and other FizzUp materials are legally protected. Users receive a limited, non-exclusive, non-transferable right to use them during the access period for personal educational use or permitted organisation use.

Users may not unlawfully copy, resell, decompile, scrape at scale or recreate a competing FizzUp content database.

10. Acceptable use

Users must comply with the Acceptable Use Policy. In particular, users may not:

• violate law or third-party rights;
• circumvent security or limits;
• overload the service through automation;
• attempt unauthorised access to other accounts, systems or data;
• use FizzUp outputs as the sole basis for employment, termination, credit, educational admission or another high-impact decision about another person.

11. Service changes and availability

FizzUp is continuously developed and may change features, AI providers, models or interface elements. We may temporarily restrict a feature for security, legal, technical or maintenance reasons.

We will not intentionally remove functionality a consumer has paid for in breach of mandatory digital-service rules. Material changes will be communicated as appropriate.

12. Payments

Payments and renewals are governed by the relevant commercial document:

• B2B: Enterprise Terms and Order Form;
• B2C: Consumer Subscription Terms;
• Family: Family Plan Terms.

Where a purchase is made through Apple App Store or Google Play, the platform's payment, renewal and subscription-management rules also apply. Web payments are handled through Stripe or another identified payment provider.

13. Suspension and termination

We may suspend an account or feature where reasonably necessary because of security, fraud, material breach, a legal obligation or risk to other users or the service.

Where a breach can reasonably be cured, we normally provide an opportunity to cure before permanent termination unless immediate action is required.

Users may stop using FizzUp and delete their account. Cancelling a paid subscription and deleting an account are separate actions.

14. Liability

FizzUp provides the service with the care appropriate to a digital educational service. We do not guarantee a specific learning result, promotion, exam score or professional outcome.

For consumers, nothing in these Terms excludes or limits rights or liability that cannot lawfully be excluded or limited.

For B2B, additional liability rules apply under the Enterprise Terms and Order Form.

15. Complaints

Complaints may be sent to support@fizzup.ai and should include enough information to identify the account, describe the issue and state the requested resolution. We respond within the period required by law or, if no specific period applies, without undue delay.

16. Privacy

Personal-data processing is described in the Privacy Policy. Accepting these Terms is not the same as consenting to every form of data processing. Where law requires consent or a separate user action, FizzUp obtains it separately.

17. Changes to the Terms

We may update the Terms for valid reasons, including changes in law, security, service model or features. Where prior notice is required, we provide it in advance. Mandatory consumer protections concerning modifications of digital services remain unaffected.

18. Governing law

Polish law generally applies. For consumers, choosing Polish law does not deprive them of mandatory protection granted by the law of their habitual residence where private-international-law rules provide such protection.

B2B dispute rules are set out in the Enterprise Terms or Order Form.

The Polish version of these Terms controls in the event of a discrepancy with the English translation, without limiting mandatory consumer protection under the law of the consumer's habitual residence.