LEGAL

Terms & Conditions

Effective Date: March 2, 2026

Fizzii, Inc. · Corporation Trust Center, 1209 Orange Street, New Castle County, Delaware 19801

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE OR SERVICES. BY ACCESSING OR USING THE FIZZII WEBSITE, JOINING OUR WAITLIST, SUBMITTING ANY FORM, OR OPTING IN TO SMS COMMUNICATIONS, YOU AGREE TO BE BOUND BY THESE TERMS.

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Fizzii, Inc. ("Fizzii," "we," "us," or "our"), a Delaware corporation located at Corporation Trust Center, 1209 Orange Street, New Castle County, Delaware 19801. These Terms govern your use of our website located at drinkfizzii.com and all associated services, forms, communications, and content (collectively, the "Services").

1. ELIGIBILITY

By using our Services, you represent and warrant that:

You are at least 18 years of age
You have the legal capacity to enter into a binding agreement
You are a resident of the United States or accessing our Services from a jurisdiction where such access is lawful
You will use our Services only for lawful purposes and in accordance with these Terms

Our Services are not intended for use by individuals under the age of 18. If you are under 18, you may not use our Services or submit any personal information to us.

2. WAITLIST ENROLLMENT

a) Nature of Waitlist

Fizzii is currently in a pre-launch phase. By joining our waitlist, you are expressing interest in our products and requesting to be notified when our products become available for purchase. Joining the waitlist does not constitute a purchase, reservation, or guarantee of product availability, pricing, or delivery.

b) Founding Member Benefits

Waitlist members designated as "Founding Members" may be eligible for exclusive pricing, early access, and other benefits at Fizzii's sole discretion. Fizzii reserves the right to modify, limit, or discontinue founding member benefits at any time without liability.

c) No Purchase Obligation

Joining the waitlist does not obligate you to make any purchase. No payment information is collected at the waitlist stage.

3. SMS / TEXT MESSAGE TERMS

This section governs SMS communications between Fizzii and users who have opted in to receive text messages. These terms are required by the Telephone Consumer Protection Act (TCPA) and apply to all SMS communications sent by Fizzii.

a) Express Written Consent

By providing your mobile phone number and checking the SMS consent checkbox on any Fizzii form, you provide your express written consent to receive autodialed or manually dialed text messages from Fizzii, Inc. at the mobile number provided. This consent is not required as a condition of joining the waitlist, purchasing any product, or receiving any service from Fizzii.

b) Message Content

SMS messages from Fizzii may include:

Waitlist status updates and founding member notifications
Product launch announcements and availability alerts
Order confirmations and transactional messages (once products are available)
Promotional offers sent only to users who have expressly opted in

c) Message Frequency

Message frequency may vary. You may receive up to 4 SMS messages per month. Message frequency increases during product launch periods and will be disclosed in advance.

d) Message and Data Rates

Standard message and data rates may apply to all SMS communications. These charges are billed by and payable to your mobile carrier. Fizzii is not responsible for any charges from your carrier related to SMS communications.

e) How to Opt Out (STOP)

You may cancel SMS communications at any time by replying STOP to any text message received from Fizzii. Upon receipt of your STOP message, Fizzii will send you a final confirmation message and remove your number from future SMS sends. No further messages will be sent to your number following your STOP request, except as required by law.

f) How to Get Help (HELP)

For assistance with SMS communications, reply HELP to any message from Fizzii or contact us at hello@drinkfizzii.com. We will respond within 1 business day.

g) Supported Carriers

SMS services are available through major U.S. wireless carriers including AT&T, Verizon, T-Mobile, Sprint, Boost Mobile, MetroPCS, U.S. Cellular, and others. Carrier availability may vary. Fizzii is not liable for delayed or undelivered messages.

h) No Third-Party Sharing of SMS Opt-In Data

Mobile opt-in information, including your phone number and consent records, will NOT be sold, rented, leased, or shared with any third party for their own marketing or promotional purposes. This data is used exclusively by Fizzii, Inc. for the communications described in these Terms.

i) TCPA Compliance

All SMS communications from Fizzii are conducted in compliance with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, applicable FCC regulations, and CTIA Messaging Principles and Best Practices. Fizzii maintains records of all SMS opt-in consents for a minimum of four (4) years.

4. ACCEPTABLE USE

You agree to use our Services only for lawful purposes. You agree not to:

Submit false, misleading, or fraudulent information through any form
Attempt to gain unauthorized access to our systems, database, or user data
Use automated tools, bots, or scripts to submit forms or interact with our Services
Interfere with or disrupt the integrity or performance of our Services
Engage in any activity that violates applicable federal, state, or local laws
Attempt to reverse engineer, decompile, or extract source code from our website
Use our Services to transmit spam, malware, or harmful content
Impersonate Fizzii, its founders, employees, or any other person or entity

5. INTELLECTUAL PROPERTY

All content on the Fizzii website, including but not limited to text, graphics, logos, images, product names, taglines, design elements, and the overall look and feel of the site, is the exclusive property of Fizzii, Inc. and is protected by United States and international intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content from our website without our prior express written consent. The Fizzii name, logo, and tagline "Drop. Bloom. Sip." are trademarks of Fizzii, Inc.

6. DISCLAIMERS

a) Pre-Launch Status

Fizzii products are currently in pre-launch development. Product descriptions, specifications, ingredients, pricing, and availability are subject to change without notice. Nothing on our website constitutes a binding offer for sale.

b) No Medical Claims

Nothing on our website or in our communications constitutes medical advice. Our products are food/beverage products and are not intended to diagnose, treat, cure, or prevent any disease. Consult your physician before using any dietary supplement or changing your hydration routine, particularly if you are pregnant, nursing, have a medical condition, or take prescription medications.

c) Website Accuracy

We make reasonable efforts to ensure the accuracy of information on our website but do not warrant that all content is complete, accurate, or current. We reserve the right to correct errors and update content at any time without notice.

d) As-Is Service

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FIZZII DOES NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIZZII, INC., ITS FOUNDERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL FIZZII'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Fizzii, Inc., its founders, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of our Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any content you submit through our Services.

9. PRIVACY

Your use of our Services is also governed by our Privacy Policy, which is incorporated herein by reference. By using our Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

10. THIRD-PARTY SERVICES

Our Services may integrate with or link to third-party platforms and services, including social media platforms, email service providers, and database infrastructure providers. Fizzii is not responsible for the privacy practices, terms, or content of any third-party service. Your use of third-party services is subject to their respective terms and privacy policies.

11. MODIFICATIONS TO TERMS

Fizzii reserves the right to modify these Terms at any time. Material changes will be communicated by updating the Effective Date at the top of this document and, where appropriate, by notifying registered users via email. Your continued use of our Services after any modification constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue use of our Services.

12. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or your use of our Services shall first be subject to good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA), conducted in Delaware.

CLASS ACTION WAIVER: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

14. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fizzii with respect to your use of our Services and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

15. CONTACT INFORMATION

For questions about these Terms, to exercise any rights, or to contact us regarding SMS communications:

Fizzii, Inc.
Corporation Trust Center, 1209 Orange Street, New Castle County, Delaware 19801
Email: hello@drinkfizzii.com
Website: drinkfizzii.com

SMS Opt-Out: Reply STOP to any message
SMS Help: Reply HELP or email hello@drinkfizzii.com