Legal & service terms

Terms of service

The operating rules for using Fizzy’s website, software and connected hospitality services.

Effective date: November 1, 2026

These Terms of Service (“Terms”) are an agreement between Fizzy (“Fizzy”, “we”, “us” or “our”) and the person or organization accepting them (“Customer”, “you” or “your”). They govern access to Fizzy’s website, hospitality operating system, POS, administration tools, KDS, kiosk, terminal, reporting, payroll, expenses, messaging, voice AI and related services (the “Services”). By signing an order, creating an account or using the Services, you agree to these Terms. If you act for a business, you confirm that you have authority to bind it.

1. Service scope and order of precedence

The Services available to you depend on your order form, enabled modules, device configuration, applicable documentation and plan. An order form or signed service agreement controls if it conflicts with these Terms. Third-party hardware, payment processors, messaging providers, voice providers and integrations may have separate terms.

2. Accounts and customer responsibilities

You must provide accurate account and business information, maintain secure credentials, assign appropriate permissions and promptly remove access for people who leave or change roles. You are responsible for your devices, local network, printers, cash controls, payment-provider relationship, menu/tax configuration, staff actions and use of Customer Data. You must review reports and reconcile transactions rather than treating software output as accounting, payroll, tax or legal advice.

3. Customer Data and lawful use

You retain your rights in data you submit or generate through the Services. You grant Fizzy the limited rights needed to host, process, transmit, display, back up, secure and support that data. You must have the notices, permissions and legal basis required to collect staff and customer information, use customer history, run WhatsApp campaigns or enable voice AI phone ordering. You must not upload unlawful, infringing, malicious or unnecessarily sensitive information.

4. Acceptable use

  • Do not interfere with, probe, reverse engineer or bypass security or usage controls.
  • Do not use the Services to violate privacy, consumer-protection, employment, tax, payment-network, anti-spam or other applicable laws.
  • Do not send unsolicited marketing or misrepresent an automated voice agent as a human where disclosure is required.
  • Do not use the Services to store or process information beyond your authority or the configured service purpose.

5. Payments, subscriptions and taxes

Fees, billing frequency, taxes, implementation charges, hardware and usage charges are set out in the applicable order form or invoice. Unless stated otherwise, subscriptions are billed in advance and are not refundable for a partially used period. Cancellation and approved refunds are governed by our Cancellation Policy and Refund Policy. You are responsible for applicable taxes and for paying undisputed invoices when due. We may suspend access for overdue amounts after reasonable notice.

6. Availability, offline mode and synchronization

We work to provide reliable Services but do not promise uninterrupted or error-free operation. POS components may store operational information locally and synchronize after connectivity returns. Offline availability depends on the application, device, local network, cached configuration, hardware and payment provider. Offline operation does not guarantee authorization for every payment method, instant cloud reporting or recovery from device damage. You are responsible for reasonable backups, device security and reconciliation.

7. Connected devices and third parties

Printers, cash drawers, terminals, KDS devices, kiosks, mobile devices, payment processors, messaging services and voice providers may be supplied or operated by third parties. Fizzy is not responsible for third-party outages, authorization decisions, fees, device defects, network conditions or changes to third-party terms. You authorize us to exchange the minimum data needed for an enabled integration.

8. Intellectual property and feedback

Fizzy and its licensors own the Services, software, interfaces, documentation, trademarks and content excluding Customer Data. We grant you a limited, non-exclusive, non-transferable right to use the Services during the applicable subscription. If you provide feedback, you allow us to use it without restriction or payment, provided we do not disclose your confidential information.

9. Confidentiality

Each party will protect non-public information received from the other and use it only for the relationship. Confidentiality does not cover information that is public, independently developed, lawfully received without restriction or required to be disclosed by law.

10. Suspension and termination

We may suspend or restrict access to protect security, comply with law, address misuse, prevent harm or respond to material non-payment. You may cancel according to the Cancellation Policy or order form. On termination, access may stop at the effective date; you should request any available export within the period stated in the agreement. We may delete data after applicable retention obligations and reasonable post-termination support periods.

11. Warranties and disclaimers

We warrant only what is expressly stated in an applicable order form. To the maximum extent permitted by law, the Services are provided “as available” and we disclaim implied warranties. Fizzy does not guarantee a particular sales result, profit, uptime, tax outcome, payroll outcome, delivery rate, payment approval, AI accuracy or legal compliance for your business.

12. Liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or lost revenue, profits, goodwill or data. Fizzy’s aggregate liability for claims relating to the Services is limited to the fees paid or payable for the three months before the event giving rise to the claim, except where that limitation is prohibited by law.

13. Changes and governing law

We may update these Terms by posting a revised version or providing notice where required. Continued use after the effective date means acceptance. These Terms are governed by the laws of the Canadian province or territory identified in the applicable order form and the federal laws of Canada applicable there. If no order form identifies a jurisdiction, contact us for the governing-law details applicable to your account.

14. Contact

Questions about these Terms should be sent to contact@fizzypos.com or +1 587 434 0017.