Terms of Use

Last Updated: June 1, 2026

These Terms of Use (the Terms) are a legally binding agreement between you and The Fizz Development Group, LLC, doing business as Fizz Dev (Fizz Dev, Company, we, us, or our). These Terms govern your access to and use of fizz.dev, any website, application, software, documentation, content, tools, downloads, forms, portals, communications, products, professional services, and related offerings that link to or reference these Terms (collectively, the Services).

By accessing or using the Services, creating an account, submitting information, clicking to accept these Terms, purchasing Services, or otherwise interacting with Fizz Dev, you agree to these Terms. If you do not agree to these Terms, do not access or use the Services.

1. Important Notice

These Terms contain provisions that limit Fizz Dev’s liability, disclaim warranties, require indemnification, restrict remedies, require binding arbitration, and waive class actions and jury trials to the maximum extent permitted by law.

2. Relationship to Other Agreements

These Terms apply unless you and Fizz Dev have entered into a separate written agreement signed by an authorized representative of Fizz Dev that expressly governs the relevant Services.

If a signed master services agreement, statement of work, order form, subscription agreement, data processing agreement, or other written agreement conflicts with these Terms, the signed agreement controls only for the specific conflict and only for the Services covered by that agreement. All non-conflicting provisions of these Terms continue to apply.

Any purchase order, vendor portal term, procurement term, click-through term, or other customer-provided term is rejected unless Fizz Dev expressly agrees to it in a signed writing.

3. Eligibility and Authority

You may use the Services only if you are at least 18 years old, or the age of majority in your jurisdiction, and are legally able to enter into a binding contract.

If you use the Services on behalf of a company, organization, agency, or other entity, you represent that you have authority to bind that entity. In that case, you and your refer to both you and that entity.

4. Changes to These Terms

Fizz Dev may update these Terms at any time. Updated Terms are effective when posted unless a later effective date is stated. Your continued use of the Services after updated Terms are posted means you accept the updated Terms.

Fizz Dev may modify, suspend, discontinue, restrict, or terminate any part of the Services at any time, with or without notice, and without liability.

5. The Services

Fizz Dev may provide software development, consulting, technical services, digital products, websites, applications, tools, documentation, communications, and other services. The exact scope of any paid Services will be determined by the applicable order, subscription, statement of work, proposal, invoice, or other written arrangement accepted by Fizz Dev.

Fizz Dev does not guarantee that any Services will be uninterrupted, secure, error-free, compatible with your systems, or available at any particular time.

6. Accounts and Credentials

You may need an account to use some Services. You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for all activity under your account, credentials, devices, networks, and systems. You must keep your credentials confidential. Fizz Dev is not responsible for losses caused by unauthorized access to your account unless the losses were directly caused by Fizz Dev’s willful misconduct.

You must notify Fizz Dev immediately if you believe your account or credentials have been compromised.

7. Acceptable Use

You agree not to use the Services to:

  • Violate any law, regulation, contract, intellectual property right, privacy right, publicity right, or third-party right.
  • Submit unlawful, harmful, abusive, defamatory, obscene, deceptive, infringing, invasive, or otherwise objectionable content.
  • Upload, transmit, or distribute malware, malicious code, spyware, ransomware, viruses, worms, or harmful components.
  • Interfere with, disrupt, overload, scan, probe, or test the vulnerability of the Services or any related system.
  • Bypass, disable, or interfere with security, authentication, access control, rate limits, usage limits, or technical restrictions.
  • Reverse engineer, decompile, disassemble, copy, scrape, crawl, frame, mirror, or extract the Services except where applicable law expressly prohibits this restriction.
  • Use bots, scrapers, automated tools, data mining, bulk extraction, or similar methods without Fizz Dev’s prior written consent.
  • Use the Services to develop, train, improve, or benchmark a competing product or service.
  • Resell, sublicense, rent, lease, distribute, or make the Services available to third parties without Fizz Dev’s prior written consent.
  • Misrepresent your identity, affiliation, or authority.
  • Use the Services in a way that could harm Fizz Dev, its users, its customers, its vendors, or its reputation.
  • Encourage or assist anyone else in doing any of the above.

Fizz Dev may investigate suspected violations and may suspend, restrict, or terminate access at any time.

8. Ownership of the Services

Fizz Dev and its licensors own all rights, title, and interest in and to the Services, including all software, source code, object code, systems, designs, interfaces, workflows, inventions, methods, documentation, templates, trademarks, logos, trade names, service marks, content, and other intellectual property.

Except for the limited rights expressly granted in these Terms, Fizz Dev reserves all rights. No rights are granted by implication, waiver, estoppel, industry custom, or course of dealing.

You may not remove, alter, or obscure any copyright, trademark, proprietary, or legal notices in or on the Services.

9. Limited License to Use the Services

Subject to your compliance with these Terms, Fizz Dev grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your internal lawful purposes.

Fizz Dev may revoke this license at any time to the maximum extent permitted by law.

10. User Content and Customer Data

You may submit, upload, transmit, provide, or otherwise make available content, data, materials, files, text, code, images, documents, instructions, feedback, messages, or other information through or in connection with the Services (User Content).

You retain ownership of your User Content, subject to the rights granted to Fizz Dev in these Terms and any applicable agreement.

You grant Fizz Dev a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to host, store, copy, process, transmit, display, perform, modify, adapt, create derivative works from, analyze, and otherwise use User Content as reasonably necessary or useful to:

  • Provide, operate, support, secure, and improve the Services.
  • Communicate with you.
  • Troubleshoot, debug, monitor, and analyze the Services.
  • Enforce these Terms and protect Fizz Dev’s rights.
  • Comply with law, legal process, and governmental requests.
  • Develop, test, and improve Fizz Dev products, services, systems, and technologies, unless a separate signed agreement states otherwise.

You represent and warrant that you have all rights, licenses, consents, permissions, and authority necessary to provide User Content and to grant the rights described in these Terms.

Fizz Dev is not responsible for User Content and has no obligation to review, monitor, store, maintain, back up, or return User Content.

11. Restrictions on Sensitive and Regulated Data

You must not submit sensitive, regulated, confidential, classified, export-controlled, protected health, financial account, payment card, biometric, government identifier, children’s, or other high-risk data unless Fizz Dev has expressly agreed to receive that data in a signed written agreement.

You are solely responsible for determining whether User Content is subject to specific laws or contractual restrictions and for ensuring that your use of the Services complies with those obligations.

Fizz Dev may delete, restrict, or refuse to process User Content that it believes may create legal, security, operational, or reputational risk.

12. Feedback

If you provide ideas, suggestions, recommendations, comments, bug reports, feature requests, improvements, or other feedback (Feedback), you grant Fizz Dev an unrestricted, perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable license to use, copy, modify, distribute, disclose, commercialize, and otherwise exploit the Feedback for any purpose without compensation, attribution, approval, or obligation to you.

Feedback is not confidential.

13. Custom Work and Deliverables

If Fizz Dev provides custom development, consulting, design, implementation, support, or other professional services, the applicable signed agreement or written statement of work controls ownership and usage rights for any deliverables.

Unless a signed written agreement states otherwise:

  • Fizz Dev owns all pre-existing materials, tools, software, frameworks, templates, libraries, know-how, methods, workflows, processes, documentation, and other technology used or developed in connection with the Services.
  • Fizz Dev owns all drafts, concepts, proposals, prototypes, rejected work, unused work, internal materials, and work not fully paid for.
  • Fizz Dev may reuse general knowledge, skills, ideas, concepts, techniques, and know-how learned or developed while providing Services.
  • You receive only the rights expressly granted in writing, and only after Fizz Dev has received full payment of all amounts due.

No source code, editable files, administrative credentials, build processes, deployment pipelines, private repositories, or technical documentation are included unless expressly stated in a signed written agreement.

14. Third-Party Materials and Open-Source Software

The Services and deliverables may include or depend on third-party products, services, software, platforms, application programming interfaces, hosting providers, marketplaces, plugins, libraries, frameworks, code, data, or open-source components.

Third-party materials are governed by their own terms, licenses, policies, and fees. Fizz Dev does not control and is not responsible for third-party materials.

You are responsible for reviewing and complying with third-party terms and open-source licenses that apply to your use of the Services or deliverables.

Fizz Dev is not responsible for changes, failures, outages, pricing changes, security incidents, deprecations, suspensions, or discontinuation of third-party materials.

15. Artificial Intelligence and Automated Tools

Fizz Dev may use artificial intelligence systems, machine learning tools, automation tools, code generation tools, analytics systems, and similar technologies in connection with the Services.

Outputs from automated systems may be incomplete, inaccurate, unreliable, duplicative, or unsuitable for your intended use. You are solely responsible for reviewing, testing, validating, and approving outputs before relying on them.

Unless a separate signed agreement states otherwise, Fizz Dev may use vendors and service providers that process User Content, prompts, outputs, metadata, logs, and other information to provide, support, secure, analyze, and improve the Services.

You must not use AI-related features or outputs in a way that violates law, infringes third-party rights, creates a safety risk, or makes decisions requiring human, professional, or legal review without appropriate review.

16. Beta, Trial, Experimental, and Free Services

Fizz Dev may offer beta, trial, experimental, preview, evaluation, free, or pre-release Services. These Services may be incomplete, unstable, inaccurate, unavailable, or discontinued at any time.

Beta, trial, experimental, preview, evaluation, free, and pre-release Services are provided as is, as available, and without any warranty, support obligation, service level, indemnity, refund, credit, or liability to the maximum extent permitted by law.

Fizz Dev may impose or change usage limits, eligibility requirements, access restrictions, or fees at any time.

17. Payments, Fees, Taxes, and Billing

You agree to pay all fees, charges, taxes, and other amounts described in the applicable order, checkout page, invoice, proposal, statement of work, subscription, or other payment arrangement.

Unless Fizz Dev states otherwise in writing:

  • Fees are due in advance.
  • Fees are non-cancelable and non-refundable.
  • Amounts are payable in United States dollars.
  • You are responsible for all taxes, duties, levies, assessments, and governmental charges, except taxes based on Fizz Dev’s net income.
  • Late amounts may accrue interest at the lesser of 1.5 percent per month or the maximum amount permitted by law.
  • You must reimburse Fizz Dev for reasonable collection costs, chargeback fees, attorneys’ fees, and expenses incurred to collect overdue amounts.

Fizz Dev may suspend, restrict, or terminate Services for nonpayment or billing issues.

18. Subscriptions and Automatic Renewal

Some Services may be offered as subscriptions. If you purchase a subscription, you authorize Fizz Dev and its payment processors to charge your payment method on a recurring basis for the applicable fees, taxes, and charges until the subscription is canceled.

Subscription terms, renewal periods, prices, and cancellation methods may be disclosed at checkout, in an order, in an invoice, in an account portal, or otherwise in writing.

Unless Fizz Dev states otherwise, subscriptions renew automatically for successive periods until canceled. Cancellation takes effect at the end of the then-current billing period unless Fizz Dev states otherwise or applicable law requires otherwise.

Fees already paid are non-refundable to the maximum extent permitted by law.

You must keep payment information accurate and current. If a payment fails, Fizz Dev may retry the charge, suspend access, downgrade Services, terminate Services, or pursue collection.

19. No Refunds and No Credits

All purchases are final. Fizz Dev does not provide refunds, credits, offsets, make-goods, or charge reversals unless required by law or expressly agreed by Fizz Dev in writing.

Fizz Dev’s decision to provide a refund, credit, or accommodation in one instance does not require Fizz Dev to do so in any other instance.

20. Communications

You consent to receive electronic communications from Fizz Dev, including emails, notices, account messages, invoices, security alerts, service updates, marketing messages, and legal notices.

You agree that electronic communications satisfy any legal requirement that communications be in writing.

You may opt out of marketing emails by using the unsubscribe link or contacting Fizz Dev. Fizz Dev may still send transactional, legal, security, and service-related communications.

21. Privacy

Fizz Dev’s Privacy Policy explains how Fizz Dev collects, uses, discloses, stores, and protects information. The Privacy Policy is incorporated into these Terms by reference.

If there is a conflict between these Terms and the Privacy Policy, these Terms govern contractual rights and obligations, and the Privacy Policy governs privacy disclosures and practices.

22. Confidentiality

You may receive non-public information from Fizz Dev, including technical, business, financial, product, pricing, security, operational, or strategic information (Confidential Information).

You must protect Fizz Dev Confidential Information using at least reasonable care. You may not use or disclose Fizz Dev Confidential Information except as authorized in writing by Fizz Dev.

Confidential Information does not include information that you can prove was publicly available through no fault of your own, lawfully known to you without restriction before disclosure, lawfully received from a third party without restriction, or independently developed without use of Fizz Dev Confidential Information.

23. Publicity

Unless you notify Fizz Dev in writing that you opt out, Fizz Dev may identify you or your organization as a customer, client, user, or business relationship and may use your name, logo, trademarks, and general description of the relationship in customer lists, marketing materials, websites, presentations, proposals, and case studies.

Any detailed case study, press release, or public announcement that includes confidential project details will require any approval required by a separate signed agreement.

24. Security

Fizz Dev may use reasonable administrative, technical, and physical safeguards designed to protect the Services. No system, network, software, website, or transmission is completely secure.

You are responsible for securing your accounts, credentials, devices, networks, systems, backups, configurations, and User Content.

Fizz Dev is not responsible for security incidents caused by your systems, your credentials, third-party services, customer configurations, public repositories, insecure code supplied by you, or your failure to follow reasonable security practices.

25. Availability, Support, and Maintenance

Fizz Dev has no obligation to provide support, maintenance, updates, upgrades, backups, hosting, monitoring, error correction, or service levels unless expressly agreed in a signed writing.

Fizz Dev may perform maintenance, updates, upgrades, migrations, or changes at any time. The Services may be unavailable during maintenance or due to events beyond Fizz Dev’s control.

26. No Professional Advice

The Services are provided for general business, technical, and informational purposes. The Services do not constitute legal, financial, tax, accounting, medical, compliance, security, or other professional advice.

You are responsible for obtaining appropriate professional advice before relying on the Services for regulated, high-risk, legal, financial, security, compliance, or critical decisions.

27. Compliance With Laws

You are solely responsible for complying with all laws, regulations, rules, orders, sanctions, export controls, industry standards, contractual obligations, and third-party rights that apply to your use of the Services, User Content, and deliverables.

You may not use the Services in or for the benefit of any country, organization, entity, or person subject to applicable sanctions or export restrictions.

Fizz Dev respects intellectual property rights. If you believe material available through the Services infringes your copyright or other intellectual property rights, contact Fizz Dev at legal@fizz.dev with enough information for Fizz Dev to evaluate the claim.

A copyright notice should include:

  • Your name and contact information.
  • Identification of the copyrighted work claimed to be infringed.
  • Identification of the material claimed to be infringing and where it is located.
  • A statement that you have a good-faith belief that the use is not authorized.
  • A statement that the information in the notice is accurate.
  • Your physical or electronic signature.

Fizz Dev may remove or disable access to material and may terminate repeat infringers where appropriate.

29. Termination

You may stop using the Services at any time.

Fizz Dev may suspend, restrict, or terminate your access to the Services at any time, with or without notice, for any reason or no reason, including if Fizz Dev believes that:

  • You violated these Terms.
  • You created legal, security, operational, financial, or reputational risk.
  • Your payment failed or your account is overdue.
  • Your use may harm Fizz Dev, users, customers, vendors, systems, or third parties.
  • Continued access is no longer commercially reasonable.

Upon termination, your right to access and use the Services ends immediately. Fizz Dev may delete or retain User Content and account information according to its policies, legal obligations, and operational needs.

30. Survival

Any provision that by its nature should survive termination will survive, including provisions regarding ownership, User Content licenses, Feedback, payments, taxes, confidentiality, disclaimers, limitations of liability, indemnity, dispute resolution, governing law, and miscellaneous terms.

31. Warranty Disclaimers

To the maximum extent permitted by law, the Services and all content, deliverables, outputs, documentation, third-party materials, beta services, and related items are provided as is, as available, and with all faults.

Fizz Dev disclaims all warranties and conditions, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, reliability, security, compatibility, and uninterrupted or error-free operation.

Fizz Dev does not warrant that:

  • The Services will meet your requirements or expectations.
  • The Services will be uninterrupted, secure, timely, accurate, complete, or error-free.
  • Defects will be corrected.
  • The Services will be compatible with your systems or third-party services.
  • User Content will be preserved or recoverable.
  • Outputs, recommendations, code, documentation, or results will be accurate, lawful, secure, or suitable.

You use the Services at your own risk.

32. Limitation of Liability

To the maximum extent permitted by law, Fizz Dev and its owners, members, managers, officers, directors, employees, contractors, agents, affiliates, licensors, vendors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, enhanced, punitive, or similar damages, including lost profits, lost revenue, lost savings, lost business opportunities, loss of goodwill, loss of data, service interruption, system failure, security incident, cost of replacement services, or business interruption.

This limitation applies regardless of legal theory, including contract, tort, negligence, strict liability, statute, equity, or otherwise, even if a party has been advised of the possibility of damages.

To the maximum extent permitted by law, Fizz Dev’s total aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of:

  • The amount you paid to Fizz Dev for the specific Service giving rise to the claim during the three months before the event giving rise to liability.
  • One hundred United States dollars.

The limitations in this section are fundamental elements of the bargain between you and Fizz Dev and apply even if a remedy fails of its essential purpose.

33. Indemnification

You agree to defend, indemnify, and hold harmless Fizz Dev and its owners, members, managers, officers, directors, employees, contractors, agents, affiliates, licensors, vendors, and service providers from and against all claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  • Your access to or use of the Services.
  • Your User Content.
  • Your products, services, websites, applications, systems, customers, users, or business.
  • Your breach of these Terms or any applicable agreement.
  • Your violation of law or third-party rights.
  • Your negligence, willful misconduct, fraud, or misrepresentation.
  • Your instructions, specifications, approvals, materials, or failure to act.
  • Any dispute between you and any third party.

Fizz Dev may control the defense and settlement of any indemnified claim. You may not settle any claim in a way that imposes obligations on Fizz Dev, admits fault by Fizz Dev, or affects Fizz Dev’s rights without Fizz Dev’s prior written consent.

34. Dispute Resolution

Before filing a claim, the party asserting a dispute must first send written notice to the other party describing the dispute and the requested relief. The parties will attempt in good faith to resolve the dispute informally for at least 30 days.

Notices to Fizz Dev must be sent to legal@fizz.dev.

35. Binding Arbitration

To the maximum extent permitted by law, you and Fizz Dev agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and Fizz Dev will be resolved by final and binding arbitration rather than in court.

The arbitration will be conducted by the American Arbitration Association or another arbitration provider selected by Fizz Dev, unless applicable law requires otherwise. The arbitration will be conducted in English by a single arbitrator.

The arbitrator will have exclusive authority to resolve disputes about arbitrability, validity, interpretation, enforceability, and scope of this arbitration agreement, except that courts may decide issues relating to the class action waiver to the extent required by law.

The arbitration will take place in the county and state where Fizz Dev maintains its principal office, remotely by video conference, by telephone, or by written submissions, as selected by Fizz Dev or required by applicable arbitration rules.

The arbitrator may award only individual relief and only relief that would be available in court under applicable law.

36. Class Action Waiver

To the maximum extent permitted by law, you and Fizz Dev agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, class member, representative, or private attorney general in any class, collective, consolidated, mass, representative, or similar proceeding.

The arbitrator may not consolidate claims of multiple persons or preside over any class, collective, consolidated, mass, representative, or similar proceeding.

If this class action waiver is found unenforceable as to a claim, then the arbitration agreement will not apply to that claim, but the rest of these Terms will continue to apply.

37. Exceptions to Arbitration

Nothing in these Terms prevents either party from seeking relief in small claims court if the claim qualifies.

Nothing in these Terms prevents Fizz Dev from seeking injunctive, equitable, or other relief in court to protect its intellectual property, confidential information, security, systems, users, customers, vendors, or business operations.

38. Jury Trial Waiver

To the maximum extent permitted by law, you and Fizz Dev knowingly and voluntarily waive any right to a trial by jury for any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and Fizz Dev.

39. Governing Law and Venue

These Terms are governed by the laws of the state in which The Fizz Development Group, LLC is organized, without regard to conflict of law principles.

Subject to the arbitration provisions, any court proceeding must be brought exclusively in the state or federal courts located nearest to Fizz Dev’s principal office, and you consent to personal jurisdiction and venue in those courts.

40. Force Majeure

Fizz Dev is not responsible or liable for any delay, failure, loss, or damage caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet failures, hosting failures, utility failures, supply chain issues, cyberattacks, malware, third-party service failures, governmental actions, legal restrictions, emergencies, epidemics, pandemics, or other events beyond Fizz Dev’s reasonable control.

41. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without Fizz Dev’s prior written consent.

Fizz Dev may assign, transfer, delegate, or sublicense its rights and obligations under these Terms, in whole or in part, at any time, without notice or consent, including in connection with a merger, acquisition, financing, reorganization, sale of assets, change of control, or by operation of law.

42. Severability

If any provision of these Terms is found invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law. The remaining provisions will remain in full force and effect.

43. No Waiver

Fizz Dev’s failure to enforce any provision of these Terms is not a waiver of that provision or any other provision. Any waiver must be in writing and signed by Fizz Dev.

44. Interpretation

Headings are for convenience only and do not affect interpretation.

The word including means including without limitation.

These Terms will not be construed against Fizz Dev because Fizz Dev drafted them.

45. Entire Agreement

These Terms, together with any policies, notices, order forms, invoices, statements of work, and other terms incorporated by reference, are the entire agreement between you and Fizz Dev regarding the Services and supersede all prior or contemporaneous agreements, proposals, discussions, and understandings regarding the Services.

46. Contact

Questions about these Terms may be sent to:

The Fizz Development Group, LLC
Doing business as Fizz Dev
Website: fizz.dev
Email: legal@fizz.dev