Terms & Conditions
1. Introduction
1.1 These terms and conditions apply to the customer’s use the products from Fizzy Aps . All the products is operated and supplied by the company:
Fizzy ApS
Åbrinken 43
5220 Odense SØ
Danmark
CVR:
(Hereafter “Fizzy”)
1.2 When ordering or registering the product, the customer accepts the terms of the present conditions and future ones. The conditions apply when renewing the subscription. The conditions are available at all times on the website usefizzy.com and it is the customer’s responsibility to keep up to date with changes.
1.3 Fizzy only offers its services to business customers and not to private consumers.
2. Subscription
2.1 The product is available to the customer at a specific web address provided by Fizzy, which however reserves the right to change this, provided the customer is notified in time.
2.2 The product is based on a “registered user” (called user model) and different license types. A user is always a natural person.
2.3 The subscription can consist of different levels. The highest level is chosen by a user who thereby determines the level for all other subscriptions under the customer’s account.
3. Prices and payment
3.1 Fizzy invoices the customer for the subscription costs and the ordered services according to the price list that is always valid and agreed with the customer.
3.2 Fizzy reserves the right to change prices and conditions. If this is the case, the customer will be informed no later than 6 weeks before the change takes effect, the change taking effect at the earliest at the next subscription period.
3.3 Price changes may in particular apply taking into account currency and general price changes (inflation). These changes may take effect without further notice.
3.4 All subscriptions are charged either monthly, quarterly, half-yearly or annually by Fizzy based on the payment date and the agreed subscription period.
3.5 The customer must ensure that Fizzy has the correct invoice address and contact information and is obliged to notify Fizzy if these change.
3.6 In the event of non-payment, Fizzy reserves the right to close the customer’s access to the product until payment of the outstanding amount has taken place.
3.7 All prices and payments are in DKK unless otherwise stated
3.8 The customer accepts receipts for paid subscriptions being sent by email.
3.9 The payment of the subscription is independent of whether it has been used during the subscription period.
3.10 In case of late payment, Fizzy will charge interest in accordance with Danish legislation
3.11 If the customer creates more users or creates a larger subscription (upgrade), the customer’s new subscription fee will be calculated from the date the subscription is upgraded.
The price difference between the current and new license will be charged from the day the upgrade takes place for the remainder of the ongoing subscription period. After this, the invoicing will be done automatically and it will be based on the upgraded license.
3.12 If the customer reduces the number of users or subscriptions to a smaller license type (downgrading), the changes will take effect from the next subscription period.
3.13 All Danish, Swedish, Norwegian and Finnish customers will be charged VAT on their subscription.
4. Services
4.1 All support and services provided by Fizzy in connection with the product are described on the website usefizzy.com. During the subscription period, Fizzy will always deliver the latest version of the product. The customer is authorized to use the product in accordance with these conditions.
4.2 The customer has access to online support at usefizzy.com and will therefore be able to receive support in the correct use of the product’s functions. It will be possible to purchase additional support for a fee.
4.3 The product will be compatible and functional within an acceptable time after the release of the latest official Internet browsers supported by the product. Browsers with a market share of more than 30% globally will be able to support the use of the product. No guarantee is given that the product will work on all internet browsers. It is the customer’s responsibility to use and have access to the latest version of supported browsers at all times.
4.4 Fizzy will, at its own discretion, arrange for upgrades, addition and removal of features, patches, corrections and the like. The customer must accept these in order to continue using the system. Planned activities and general major updates in accordance with the above will be communicated to the customer if Fizzy finds the information relevant to the customer.
4.5 Service and maintenance will be scheduled by Fizzy. The customer will be notified of this either on the website, or in another way, if the planned maintenance or interruption takes place outside the service window set for Mondays between 01:00 – 11:00.
4.6 Fizzy backs up the customer’s data once a day. Backups will be stored for 7 days. If the customer so wishes, backup data can be provided in the form of CSV or a similar format for a fee.
4.7 Access and use of the product or its data requires access to telecommunications lines, internet subscriptions or connections of a different technical nature. All costs and risks must be borne by the customer. Fizzy does not accept responsibility or obligations regarding the provision and use of the above facilities or services, as this is the sole responsibility of the customer.
5. Termination
5.1 The subscription can be terminated with 1 day’s notice and expires at the end of the started subscription period. Upon termination, the customer has permission to use the product until the subscription expires, after which Fizzy invoices the customer for the last period.
5.2 Fizzy reserves the right to terminate the subscription immediately if the customer does not comply with the conditions. The termination of the agreement does not prevent Fizzy from raising claims against the customer for breach of agreement. The customer must indemnify Fizzy for any loss or other consequences caused by the termination of the agreement.
5.3 The customer confirms and accepts that Fizzy has the right to delete the customer’s access to the product no later than 7 days after the customer’s access has been closed.
5.4 If the customer so wishes and there are no outstanding payments on the customer’s account, Fizzy can provide the customer with an extract of the customer’s data for a fee.
6. Rights and obligations
6.1 Upon acceptance and compliance with the rules and conditions, Fizzy will grant the customer a limited, non-transferable, non-exclusive and non-perpetual right to use the product for the number of users specified in the agreement with the customer. The customer may not install and copy the product and may not modify, not change the composition, change the copyright, change or translate the product, furthermore the customer may not make derivative work or use the product in any other way, unless there is a special agreement or a legal requirement to this effect . The customer undertakes to only use the product for their own data and for their own business purposes. Use for other purposes is not permitted.
6.2 The customer can change the registered users or add more at any time. When a user is added to the product, the customer purchases a subscription to the license according to the selected license type and Fizzy’s applicable price list.
6.3 The customer is obliged to transfer all contractually required data to Fizzy. The customer is also obliged to have a responsible person with an email address and a residential address who must inform Fizzy immediately if there are changes in data that are relevant to the fulfillment of the legal agreement.
6.4 It is the customer who must meet the technical requirements, especially infrastructure and telecommunications to obtain a connection to the Internet. The customer is obliged to ensure technical and organizational security standards and thereby avoid disturbances/interruptions with regard to the availability of the product, this applies especially to other users.
6.5 The customer must use the product in accordance with the subscription agreement and is obliged to take care that the use of the product cannot harm Fizzy or other users. The customer is also obliged to take all necessary precautions to prevent the product from being used by unauthorized persons, in particular through reasonable protection and regular change of secret passwords or secret access identifications. Furthermore, the customer undertakes to bind the registered users on the customer’s part to the conditions. The customer must not avoid or disable security measures established by Fizzy.
6.6 The customer undertakes that neither the customer himself nor a third party can retrieve information or data without authorization or “interfere with” software or systems from Fizzy.
6.7 It is strictly forbidden to use the product for illegal purposes (eg racial discrimination, financial fraud, pornography, obscure incidents, terrorism or other methods contrary to applicable law).
6.8 Fizzy has the right to close access to the product immediately if there is reason to suspect illegal or immoral use of the product. In such cases, Fizzy will inform the customer immediately after access to the product has been closed. However, this does not relieve the customer of payment for the product and Fizzy can in no way be held responsible for any loss that this closure may cause.
6.9 Fizzy is permitted to read the customer’s data, usage and the customer’s customer data for the purpose of deriving patterns and comparing these across customers in order to improve user-friendliness and to prepare reports on these. All information is anonymized and Fizzy is not permitted to read data that contains personal information.
7. Warranty and liability
7.1 The customer guarantees to Fizzy that the use of the product is legal in all respects and that the customer or the customer’s users, whether internal or external, comply with these conditions. The customer will indemnify Fizzy against any 3rd person who claims to use the customer’s product, this also includes claims regarding unsolicited emails or other marketing activities.
7.2 The customer guarantees Fizzy that they are obliged to process their customer data under legal protection and will indemnify Fizzy against any claim and/or loss in that connection.
7.3 The customer is obliged to indemnify Fizzy for any liability, demand for payment of fines or other claims that Fizzy may be faced with as a result of the customer’s use of the product.
7.4 Fizzy is not responsible for and does not bear the risk of lack of access to the product as a result of force majeure, including strike, lockout, interruption or failure of the energy supply, IT breakdown or similar circumstances that Fizzy has not been able to avoid, and which follows Fizzy have not been able to avert.
7.5 Fizzy points out that it is impossible to make hardware and software in such a way that it works flawlessly in all combinations. Likewise, it is impossible to protect against all types of manipulation from 3 men. Fizzy therefore does not guarantee that the supplied and used hardware will meet the customer’s requirements, that it is suitable for specific applications and that it is free of errors.
7.6 Fizzy shall in no way be liable for any direct, indirect, criminal or other loss or damage, loss of revenue, profit, business interruption, lost customers or profits, regardless of whether such damages are caused by acts or omissions attributed to Fizzy as negligent, including both gross and simple negligence or accidental negligence.
7.7 Fizzy’s liability is limited to the product. Liability for other products, services provided by other suppliers or 3. people is excluded. Fizzy is in no way responsible for services, tasks or obligations that the customer performs for 3 people.
7.8 Fizzy’s sole responsibility in respect of loss of data is to the extent reasonably available to attempt to restore lost data based on the most recent backup copy. Fizzy has no responsibility for irretrievably lost data, regardless of the fact that Fizzy has made every effort to recover such data.
7.9 If errors or breakdowns occur on telecommunications networks and other lines, regulations from government authorities, lockouts, strikes, infrastructural breakdowns, natural disasters, epidemics, pandemics, terrorism, fire, vandalism, sabotage, hacker attacks, destruction caused by computer viruses, war, riots, disasters, etc., which could not be foreseen before these terms were made, compensation cannot be made against Fizzy.
7.10 Fizzy’s entire liability, whether in contract, gross or simple negligence, limited liability, breach or termination of contract, claim for refund or proportionate refund, by operation of law or otherwise to pay any damages, damages or other sums (including legal fees ) under or after the expression of these terms, cannot exceed the actual subscription price paid for the supply of the product in the preceding twelve (12) months prior to the act from which the liability arises. The total liability of each party can amount to a maximum of DKK 50.000, however the maximum amount of the customer’s purchase in a 12-month period.
8. Hardware
8.1 When purchasing hardware from Fizzy ApS (Fizzy POS), the following conditions apply:
- We only sell to business customers (B2B).
- We offer a 6-month right of complaint.
- There is no right of withdrawal.
8.2 Complaints are handled in collaboration with our supplier of the hardware, where we will act as a link between you and our supplier.
8.3 You start a complaint by writing an e-mail to support@usefizzy.com with the subject “RMA: Company name“, after which we will help you through the process. In your email, you must include a description of the error and any a picture or a video. The freight, when you send the item back, is at your own expense.
8.4 When we receive the hardware, we test it and confirm that the error is present, after which we pass it on to our supplier.
8.5 If your complaint is justified, the hardware will be repaired or replaced, depending on the specific situation.
8.6 In the event of an unjustified complaint, you may be charged handling and service costs.
9. Data protection
9.1 Fizzy will ensure that all legally required and customary technical and organizational security measures are taken and provide reasonable security for the protection of the services and systems, as well as ensure that the customer’s data is secured against unauthorized access, attack or illegal damage or destruction, lost, misused or otherwise contrary to the Danish legislation on the processing of personal data. Fizzy wants to maintain the highest standards within data protection and wants to comply with the usual guidelines.
9.2 The customer must not store data that is in violation of third party intellectual rights and or the legislation in question. The customer indemnifies Fizzy against any 3rd party claims, whether it is unauthorized or illegal use of 3rd party data. Fizzy is entitled to delete all data that, in Fizzy’s opinion, constitutes a breach of the above commitment from the customer and the customer will not be entitled to compensation in this regard.
9.3 The customer is obliged to ensure that no unauthorized users or third parties have access to the product. The customer is further obliged to limit access to personal data and functionality is according to a specific purpose and legal permissions.
9.4 The customer accepts that Fizzy uses 3rd party hosting/web hotel to store the product and store the customer’s data on behalf of Fizzy within the EU.
9.5 The customer confirms the use of names, logos etc. as a customer reference on the website, unless Fizzy has received a written objection to this.
10. Confidentiality
10.1 The parties are obliged to keep all confidential information fully confidential towards the receiving party and its staff and may not use this information without further written consent from the supplying party and others except in connection with the fulfillment of this subscription agreement.
10.2 The parties agree that confidential information shall not contain information which has been received from an impartial 3rd party or has already been through a public domain or the customer can prove that this has been developed independently of this party, prior to its disclosure.
10.3 All public publications (articles) used as part of marketing purposes from one of the parties to this agreement must be approved by both parties before they are published. However, this does not apply to updates such as customer references on the Fizzy website.
11. Property rights
11.1 Fizzy maintains all rights, including copyright, patents, trademarks, know-how and more. Fizzy may not assign, transfer or grant any rights in any of its Intellectual Property Rights to the Customer.
11.2 The product and logo belong to Fizzy. The customer agrees not to use this without prior agreement with Fizzy.
11.3 The customer may under no circumstances assign, license, sell, rent, lend or transfer, or in other words give the license to a third party without written consent from Fizzy.
11.4 The customer must use the product in its original version and must not modify, change the product or the composition.
11.5 The customer may not change or remove markings and notifications regarding copyright, patents, trademarks or other rights that are present or applied elsewhere in the product.
12. Assignment of Rights
12.1 The Customer has no authority to assign or otherwise transfer its rights and/or obligations under these Terms without the prior written consent of Fizzy.
12.2 Fizzy reserves the right to transfer all rights and obligations under the subscription agreement to a third party, including these terms in connection with any purchase or sale of the company’s activities.
13. Law and jurisdiction
13.1 The relationship between the Customer and Fizzy, including these conditions, is subject to and must be interpreted in accordance with Danish law.
13.2 Any dispute that may arise in connection with these general conditions must be settled by Fizzy home. The language of the proceedings must be English.