Terms of service

Terms and Conditions


Last Updated: September 23, 2026


The following Terms and Conditions (hereinafter referred to as the “Terms”) constitute a legal agreement between Fizztein, Inc., a Delaware corporation (referred to as “Company,” “Fizztein,” “our,” “we,” or “us”), and you (referred to as “you” or “your”), and govern your access to and use of Company’s website located at https://www.drinkfizztein.com (the “Website”) and your purchase of Products (defined below) through the Website.


Fizztein develops, markets, and sells FIZZTEIN, a sparkling protein seltzer beverage made with real fruit juice and whey protein isolate, sold in 12 oz. cans in a variety of flavors (the “Products”). Company sells Products directly to consumers through the Website and to retailers, distributors, and other business customers on a wholesale basis. Products are also available at participating third-party retail locations. The Website, the online store, customer support, and all related content, features, and communications offered by Company are referred to together as the “Services.” Products purchased from a third-party retailer are subject to that retailer’s own terms, including its return and refund policies; however, the product, allergen, and health information set forth in Sections 3 and 12 of these Terms and in the Disclaimers applies to all Products regardless of where they are purchased.


Any use of our Services and/or Website, including but not limited to browsing the Website, creating an account, placing an order, or submitting a review, is conditioned upon your acceptance of all the conditions, policies, and notices stated herein, including Fizztein’s Privacy Policy and Disclaimers, each of which is incorporated into these Terms by reference. By using our Services and/or Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Website or Services. If you use the Website or Services on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms.


PLEASE READ THE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. SECTION 14 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED. DO NOT USE OUR SERVICES AND/OR WEBSITE IF YOU (a) DO NOT AGREE TO THESE TERMS; OR (b) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES OR WEBSITE BY APPLICABLE LAW.


Any new features or tools which are added to the Website shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. Company reserves the right to update, change, or replace these Terms at any time by posting updates and/or changes to the Website at its sole discretion. It is your responsibility to check this page periodically for changes. Changes will not apply to orders placed before the change is posted. Your continued use of, or access to, our Services following the posting of any changes to these Terms constitutes acceptance of those changes.


1. Accounts and Personal Information


You are not required to create an account to purchase Products, and you may check out as a guest. Creating an account allows you to view your order history, save shipping information, and check out more quickly. Whether you check out as a guest or through an account, you must provide your first and last name, a valid email address, a shipping address, a billing address, and payment information in order to place an order (together with any other information you provide to us, your “Personal Information”). You will receive an email confirmation from Company when your order is placed, as well as email updates regarding the status of your order.


You represent and warrant that at all times (a) the information that you provide to Company will be true, accurate, current, and complete; and (b) you will keep your email address, shipping address, and other Personal Information up to date. Company is not responsible for any errors made by you when entering your Personal Information or placing an order, including orders shipped to an incorrect address that you provided.


If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. It is your responsibility to notify Company immediately at support@fizztein.com if you notice any unauthorized access to or use of your account or any other breach of security. Company shall not be held liable for any losses and/or damages arising from your failure to comply with this Section. Accounts cannot be paused. You may close your account at any time by contacting us at support@fizztein.com.


2. General Conditions of Use


By agreeing to these Terms, or by using the Website or any of the Services, you represent that you are at least eighteen (18) years of age. Products are sold for delivery within the United States only. Individuals under the age of eighteen (18) may not purchase Products through the Website. If you purchase Products for use by a minor, you are responsible for determining whether the Products are appropriate for that minor.


Company reserves the right to refuse access to the Website and/or any of the Services to anyone at any time and for any reason, including but not limited to any breach or violation of these Terms. You may not use the Website or Services for any illegal or unauthorized purpose, nor may you violate any laws, rules, or regulations in your jurisdiction. In using the Website, you agree that you will not:


  1. purchase Products through the Website for resale, export, or commercial distribution unless you have entered into a written wholesale or distribution agreement with Company;


  1. use any robot, spider, scraper, or other automated means to access the Website, place orders, or collect information from the Website;


  1. interfere with, disrupt, or attempt to gain unauthorized access to the Website, its servers, or any systems or networks connected to the Website;


  1. use another person’s payment method or Personal Information without authorization, or engage in fraudulent orders, chargebacks, or refund requests;


  1. impersonate any person or entity, or misrepresent your affiliation with any person or entity, including Company; or


  1. post or transmit any content that is unlawful, false, misleading, defamatory, harassing, obscene, or that infringes the rights of any third party.


You agree that Company may, without prior written notice, immediately suspend, terminate, discontinue, and/or limit your use of or access to any of the Services and/or Website, and may cancel any pending order, at our sole discretion, for any reason, including but not limited to:


  1. any breach or violation of these Terms, or any other incorporated agreement, policy, or guideline;


  1. a request from law enforcement or any other governmental agency;


  1. the discontinuance, alteration, or material modification of our Services or Products, or any part thereof;


  1. any engagement by you in any fraudulent or illegal activities, or any order that Company reasonably believes is fraudulent or placed for unauthorized resale; and/or


  1. the non-payment of any amounts owed by you in connection with the Services and/or Website.


Furthermore, you agree that all terminations, suspensions, discontinuances, and limitations of access for cause shall be made at our sole discretion and Company shall not be liable to you or any other third party regarding such termination, suspension, discontinuance, or limitation.


3. Product Information, Allergens, and Food Safety


Product Information. Company makes reasonable efforts to accurately display Product information on the Website, including ingredients, nutrition facts, allergen statements, flavors, and images. Product formulations, ingredients, and packaging may change from time to time. The ingredient statement, allergen statement, and Nutrition Facts panel printed on the Product packaging you receive control over any information displayed on the Website or in marketing materials. Product images are for illustrative purposes only, and actual colors, packaging, and appearance may vary.


Allergens. PRODUCTS CONTAIN MILK (WHEY PROTEIN ISOLATE) AND ARE NOT SUITABLE FOR INDIVIDUALS WITH A MILK OR DAIRY ALLERGY OR FOR INDIVIDUALS FOLLOWING A VEGAN DIET. Products are manufactured in a facility that also processes other major food allergens. You are solely responsible for reading the Product label and ingredient statement before consuming any Product, and for determining whether the Product is appropriate for you and anyone to whom you provide the Product.


Storage and Handling. Products are perishable food products and carbonated beverages packaged under pressure. For best quality, Products should be refrigerated upon receipt, kept out of direct sunlight and extreme heat, not frozen, and consumed by the date printed on the can. Do not consume any Product if the can is bulging, leaking, dented at the seam, or otherwise damaged, or if the Product has an unusual odor, taste, or appearance. You assume responsibility for the proper storage and handling of Products from the time they are delivered to you.


Product Recalls and Safety Notices. If Company issues a recall, market withdrawal, or safety notice relating to any Product, Company may contact you using the Personal Information you provided at checkout, and will post notice on the Website. You agree to follow any instructions provided by Company in connection with a recall or safety notice.


4. Orders, Pricing, and Payment


Orders. Your submission of an order through the Website constitutes an offer to purchase the Products in your order. Your receipt of an order confirmation email does not constitute Company’s acceptance of your order. Company accepts your order when the Products ship. Company reserves the right to refuse, limit, or cancel any order, or to limit quantities per person, household, or order, for any reason, including suspected resale, fraud, Product unavailability, or an error in pricing or Product information. If Company cancels an order after payment has been processed, Company will issue a full refund to your original payment method.


Prices. Unless otherwise noted, all prices are listed on the Website in U.S. dollars and are subject to change at any time without notice. Prices do not include applicable sales tax or shipping charges, which will be calculated and displayed at checkout before you submit your order. A price change will not affect an order that Company has already accepted.


Payment. Payments made through the Website are processed by Shopify Inc. and its payment processing partners (together, “Shopify”). By submitting an order, you authorize Company, through Shopify, to charge your selected payment method for the total amount of your order, including taxes and shipping charges. Company does not store your full payment card information. Your use of Shopify’s payment services may be subject to Shopify’s own terms and privacy policy, and Company is not responsible for the acts or omissions of Shopify or any other third-party payment processor. You represent and warrant that you are authorized to use the payment method you provide.


No Subscriptions or Automatic Renewals. Company does not currently offer subscriptions, automatic renewals, or recurring billing. Each order is a one-time purchase. If Company introduces a subscription, loyalty, or referral program in the future, that program will be governed by separate terms presented to you at the time of enrollment.


Promotions. Company may offer discount codes, sales, or other promotions on the Website (“Promotions”), which may be subject to change or termination at any time. Promotions may not be combined unless otherwise stated, have no cash value, and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a Promotion and these Terms, the Promotion’s terms and conditions shall govern that specific Promotion.


Errors and Inaccuracies. The Website may inadvertently contain errors, inaccuracies, or omissions, including but not limited to typographical errors, pricing errors, technical errors, inaccuracies in Product descriptions, or outdated information. Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, including after an order has been submitted. If a Product is listed at an incorrect price or with incorrect information due to an error, Company reserves the right to refuse or cancel any orders placed for that Product, even after payment has been processed. In the event of order cancellation due to such an error, Company will provide a full refund of amounts paid.


5. Shipping, Delivery, and Risk of Loss


Shipping Area. Company ships Products only to addresses within the United States, excluding Alaska, Hawaii, U.S. territories, and APO/FPO addresses. Company does not ship internationally.


Delivery Times. Shipping options, charges, and estimated delivery times are displayed at checkout. Delivery times are estimates only and are not guaranteed. Company is not responsible for delays caused by carriers, weather, or other circumstances beyond Company’s reasonable control. If Company is unable to ship your order within the time stated at checkout, or within thirty (30) days of your order if no time is stated, Company will notify you and give you the option to cancel your order for a full refund or to consent to the delay, as required by applicable law.


Title and Risk of Loss. Title to and risk of loss for Products pass to you upon Company’s delivery of the Products to the shipping carrier. Notwithstanding the foregoing, Products that arrive damaged are eligible for a refund or credit as set forth in Section 6. Company will assist you with any claim against the carrier for a package lost in transit. Company is not responsible for Products that are lost, stolen, or damaged after the carrier marks them as delivered to the address you provided, or for Products left exposed to heat, cold, or weather after delivery. Any claim that a package was not received must be submitted to support@fizztein.com within seven (7) days of the carrier’s estimated delivery date.


6. No Cancellations; Refunds and Returns


No Cancellations. All orders are final once submitted, and orders may not be cancelled or modified by you after checkout, except as set forth in Section 5 or as otherwise required by applicable law.


No Returns. Because Products are ingestible food and beverage products, Company does not accept returns of any Product for sanitary and food safety reasons, including unopened Products. Do not send Products back to Company. Any Products returned without Company’s prior written authorization will not be accepted, refunded, or credited.


Damaged Products. Company will issue a refund or a store credit only for Products that arrive damaged, leaking, or defective (“Damaged Products”). To request a refund or credit for Damaged Products, you must email support@fizztein.com within seven (7) days of delivery and include: (a) your order number; (b) a description of the damage; and (c) clear photographs of the Damaged Products, the shipping box, and the shipping label. Company will review your request and, if approved, will issue, at Company’s discretion, either a refund to your original payment method for the Damaged Products (and any associated shipping charge) or a store credit in the same amount. Company may request additional information or photographs before approving a request. Refunds are typically processed within ten (10) business days of approval, and the time for funds to appear in your account depends on your payment provider.


Exclusions. Refunds and credits are not available for: (a) change of mind, personal taste, or flavor preference; (b) Products damaged after delivery, including damage caused by improper storage, freezing, heat exposure, or mishandling; (c) Products consumed or used past the date printed on the can; (d) requests submitted after the seven (7) day reporting period; or (e) Products purchased from third-party retailers, which are subject to that retailer’s policies.


Store Credits. Store credits have no cash value, are non-transferable, may only be used for purchases on the Website, and expire twelve (12) months after issuance, except where prohibited by law.


Chargebacks. Before initiating a chargeback or payment dispute with your bank or card issuer, you agree to first contact Company at support@fizztein.com so that Company has an opportunity to resolve the issue. Company reserves the right to suspend your access to the Website and cancel pending orders in connection with any chargeback that Company reasonably believes was filed in bad faith.


7. Wholesale and Business Purchases


Company sells Products to retailers, distributors, and other business customers (“Wholesale Customers”) on a wholesale basis. All wholesale purchases are governed by the separate written wholesale or distribution agreement, purchase order terms, or invoice terms between Company and the Wholesale Customer (the “Wholesale Terms”), which set forth pricing, minimum order quantities, payment terms, delivery, inspection, and other terms applicable to wholesale orders. In the event of any conflict between these Terms and the Wholesale Terms regarding a wholesale purchase, the Wholesale Terms shall control. To the extent the Wholesale Terms do not address a subject, these Terms shall apply.


Products purchased through the Website at retail prices are for personal use only and may not be resold. Wholesale Customers must store, handle, and display Products in accordance with Company’s storage guidelines and may not sell any Product after the date printed on the can. No Wholesale Customer is granted any right to use Company’s trademarks, logos, or other intellectual property except as expressly authorized in writing by Company. Wholesale inquiries may be directed to wholesale@fizztein.com.


8. Customer Support


Company is committed to customer satisfaction. If you have a question, concern, or problem with an order or a Product, please contact our customer support team at support@fizztein.com. Our team will promptly follow up and work with you in good faith to resolve the issue. You agree to contact our customer support team and give Company a reasonable opportunity to resolve any issue before pursuing any other remedy, as further set forth in Section 14.


9. User Content, Reviews, and Social Media


You may have the option to submit ratings, reviews, comments, photos, videos, or other content on the Website, or to tag Company or use Company’s hashtags (including #FIZZTEIN) on social media (collectively, “User Content”). Any review you submit must reflect your honest opinion and your actual experience with the Products. If you received a free Product, discount, or other benefit in exchange for a review or social media post, you must clearly disclose that relationship in accordance with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising.


You retain the right to provide honest reviews and feedback, including negative reviews, regarding the Products and Services, and nothing in these Terms is intended to restrict that right. However, you agree not to post User Content that is false, defamatory, misleading, unlawful, or that infringes the rights of any third party. You further agree not to post User Content stating or implying that any Product diagnoses, treats, cures, or prevents any disease or health condition. Company does not endorse User Content, and any opinions, claims, or results described in User Content are those of the individual who posted it and not of Company. Company may remove or decline to publish User Content at any time, without notice, including User Content that violates these Terms or applicable law. User Content may not be able to be deleted once submitted.


Company may display testimonials, reviews, and photographs on the Website, on social media, or in marketing materials. Testimonials reflect the individual experiences of specific customers and do not guarantee that you will have the same or a similar experience.


10. Content Disputes


In the event of a dispute related to or stemming from any User Content (a “Content Dispute”), you must contact Company via email at support@fizztein.com.


We abide by the Digital Millennium Copyright Act (the “DMCA”) as it relates to online service providers, like us, being asked to remove material that allegedly violates another’s copyright. The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Company respects others’ intellectual property rights and reserves the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat infringers. To submit a notice of alleged infringement, please send a written notice to Company at 155 Fisher Avenue, #32, Eastchester, New York 10709 or support@fizztein.com, with the following information:


  1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;


  1. identification of the copyrighted work claimed to have been infringed;


  1. identification of the material that is claimed to be infringing, including information regarding the location of the infringing material on the Website, with sufficient detail so that we are capable of finding and verifying its existence;


  1. your contact information as the reporting party, including address, telephone number, and email address;


  1. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and


  1. a statement, made under penalty of perjury, that the information provided is accurate and that the reporting party is authorized to make the complaint on behalf of the copyright owner.


Counter-Notices. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Visit https://www.copyright.gov/ for additional details.


11. Intellectual Property and Proprietary Rights


Company owns, solely and exclusively, all right, title, and interest in and to the Website and Services; the FIZZTEIN name and trademark, and all other trademarks, service marks, logos, trade dress, and can and packaging designs used by Company (the “Marks”); all Product formulations, recipes, and related know-how; all text, graphics, photographs, videos, software code, data, and the look, feel, design, and organization of the Website; and the compilation of all of the foregoing, including all intellectual property and proprietary rights therein. Nothing in these Terms grants you any license or right to use the Marks or any other intellectual property of Company. Purchasing a Product does not grant you any license to the Product’s formulation, name, or packaging.


Subject to your compliance with these Terms, Company permits you to access and view the Website solely for your personal, non-commercial use in connection with purchasing Products. This permission is revocable at any time. You agree that you will not copy, reproduce, sell, distribute, transmit, broadcast, publicly display, modify, or create derivative works based on the Website or any of its content, in whole or in part, and that you will not use the Marks or any confusingly similar name, logo, or design, without Company’s prior written consent. Company reserves all rights not expressly granted in these Terms.


By submitting or posting User Content, you hereby grant Company a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or in part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit your User Content, including your name, username, image, and likeness as they appear in your User Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised, including but not limited to advertising, promoting, and marketing the Products, Website, and Services, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity. You represent and warrant that you own or have the necessary rights to grant this license, and that your User Content does not infringe the rights of any third party. You waive any right to inspect or approve the use of your User Content and waive all moral rights in your User Content to the extent permitted by law. Company will not be liable for any use or disclosure of your User Content.


If you send Company any ideas, suggestions, or feedback regarding the Products or Services, including suggestions for new flavors or products (“Feedback”), Company may use such Feedback for any purpose without any obligation or compensation to you.


12. Health and Nutrition Disclaimer; No Professional Advice


Products are conventional food and beverage products and are not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition. Products are not intended to be used as a meal replacement or as a sole source of nutrition, and are not intended for infants or young children.


The information provided by Company on the Website, on social media, in marketing materials, or through customer support, including nutrition information, protein content, and general information about health, fitness, or wellness, is provided for general informational purposes only and does not, and is not intended to, constitute professional medical, nutritional, or dietary advice. You should consult with a physician or other qualified healthcare provider before adding Products to your diet, especially if you are pregnant or nursing, have a food allergy or sensitivity, have kidney or liver disease or another medical condition, follow a protein-restricted or otherwise medically supervised diet, or take any medication. Individual results vary. You assume sole responsibility for evaluating the merits and risks associated with consuming Products and with the use of any information from the Website or Services. For additional information, please review our Disclaimers available on the Website.


13. Disclaimer of Warranties; Limitation of Liability; Indemnification


THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY: (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY PARTICULAR DIETARY, FITNESS, OR HEALTH PURPOSE; (c) WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. COMPANY DOES NOT WARRANT THAT PRODUCTS WILL MEET YOUR NUTRITIONAL, DIETARY, OR FITNESS GOALS, OR THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT FROM CONSUMING PRODUCTS.


NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU ACKNOWLEDGE THAT: (a) PRODUCTS CONTAIN MILK AND OTHER INGREDIENTS THAT MAY CAUSE ALLERGIC REACTIONS OR SENSITIVITIES IN SOME INDIVIDUALS; (b) PRODUCTS ARE CARBONATED BEVERAGES PACKAGED UNDER PRESSURE THAT MAY RUPTURE OR LEAK IF FROZEN, HEATED, OR MISHANDLED; AND (c) YOU ARE RESPONSIBLE FOR READING PRODUCT LABELS, FOLLOWING STORAGE INSTRUCTIONS, AND DETERMINING WHETHER PRODUCTS ARE APPROPRIATE FOR YOU.


THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, IN PARTICULAR WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, MANUFACTURERS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR PROPERTY DAMAGE, WHETHER ARISING OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. COMPANY’S SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, THE SERVICES, OR ANY PRODUCT, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL NOT EXCEED THE AMOUNT YOU PAID TO COMPANY FOR THE PRODUCTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.


The limitations of liability set forth above shall: (a) only apply to the extent permitted by law; and (b) not apply to (i) liability resulting from Company’s gross negligence or willful misconduct, (ii) death or bodily injury to the extent caused by Company’s negligence, or (iii) fraud or intentional misrepresentation.


Indemnification. You agree to indemnify, hold harmless, and defend Company, its affiliates, and their respective directors, officers, shareholders, employees, and agents from any and all third-party claims, damages, losses, liabilities, and costs and expenses of defense, including reasonable attorneys’ fees, resulting from: (a) your breach of these Terms; (b) your User Content; (c) your misuse of the Website or Services; (d) your resale or redistribution of Products in violation of these Terms; or (e) your violation of any law or the rights of any third party.


14. Dispute Resolution and Arbitration


Informal Resolution. Company handles customer concerns through its customer support team. Before filing any claim, you agree to first contact Company at support@fizztein.com with a written description of the issue, your name, your order number (if applicable), and the relief you are seeking. You and Company (each a “Party” and together the “Parties”) will attempt in good faith to resolve the matter informally within thirty (30) days of Company’s receipt of your notice, and any applicable limitations period shall be tolled during that time. If the matter has not been resolved within that period, either Party may proceed as set forth below.


Arbitration. Except as set forth below, any controversy or claim arising out of or relating to these Terms, the Website, the Services, or any Product that is not resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (or, for disputes with Wholesale Customers or other business purchasers, its Commercial Arbitration Rules), excluding any rules or procedures governing or permitting class actions. The arbitrator shall have authority to award any relief that would be available in court on an individual basis. The arbitration shall be conducted in Westchester County, New York, or, at your election, by video conference or in the county where you reside. Payment of AAA filing, administration, and arbitrator fees will be governed by the AAA’s rules. The written decision of the arbitrator shall be final and binding, and judgment may be entered in any court having jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.


Exceptions. Notwithstanding the foregoing, either Party may (a) bring an individual claim in small claims court if the claim qualifies; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights.


Class Action Waiver. Any arbitration or other proceeding shall be conducted in each Party’s individual capacity only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.


Right to Opt Out. You may opt out of this agreement to arbitrate by sending written notice to support@fizztein.com within thirty (30) days after you first accept these Terms. Your notice must include your name, mailing address, and email address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.


15. Marketing Communications and SMS/Text Messaging Terms


Email Marketing. If you opt in to receive marketing emails from Company, you may unsubscribe at any time by clicking the “unsubscribe” link included in any marketing email or by contacting us at support@fizztein.com. Even if you opt out of marketing emails, Company will continue to send you transactional emails relating to your orders.


Opt-In and Consent. When you opt in to Company’s text messaging program, Company will send you a message to confirm your signup. By opting in, you agree to receive recurring automated marketing and informational text messages from Company at the mobile telephone number you provided. Your consent to receive marketing text messages is not a condition of any purchase.


Message Frequency and Costs. Message frequency varies. Standard message and data rates may apply. If you have any questions about your text plan or data plan, please contact your mobile provider. Carriers are not liable for delayed or undelivered messages.


Opt-Out and Support. You may opt out at any time by replying “STOP” to any message. After you opt out, Company will send you one message confirming that you have been unsubscribed. For help, reply “HELP” to any message or email us at support@fizztein.com.


Transfer of Phone Number. Before changing your mobile telephone number or transferring it to another individual, you agree to reply “STOP” from your original number or notify Company at support@fizztein.com. Company shall bear no responsibility for messages sent to an unintended recipient as a result of your failure to do so.


Messaging Terms Changes. Company reserves the right to change or terminate its text messaging program at any time. Your continued enrollment following any such change shall constitute your acceptance of the change.


16. Notices


Company may provide any notice to you under these Terms by: (a) sending a message to the email address you provided; or (b) posting notice on the Website. Notices sent by email will be effective on the date the email is sent, and notices posted on the Website will be effective upon posting. It is your responsibility to keep your email address current.


To provide Company notice under these Terms, you must contact us by email at support@fizztein.com, or by personal delivery, overnight courier, or certified mail to the mailing address listed below. Notice provided by email shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one (1) business day after it is sent. Notice provided by certified mail shall be effective three (3) business days after it is sent.


17. Miscellaneous


Third-Party Services and Links. The Website may contain links to, or be integrated with, third-party websites and services, including Shopify, shipping carriers, retail partners, and social media platforms. Company is not responsible for any third-party content, services, or the actions of those third parties. Any link to or information regarding a third party does not imply that Company endorses or accepts any responsibility for that third party.


No Agency. There is no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and Company.


Privacy Policy. Company respects your privacy and is committed to protecting it. Company collects and processes the Personal Information necessary to provide the Services and fulfill your orders, including contact information, shipping and billing addresses, order history, and information collected through cookies and similar technologies. Payment information is processed by Shopify. For complete details on data collection, use, storage, and your privacy rights, please review our Privacy Policy available on the Website.


Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the federal laws of the United States of America. Subject to Section 14, any action not subject to arbitration shall be brought exclusively in the state or federal courts located in Westchester County, New York, and you consent to the personal jurisdiction of such courts.


Assignment. You may not assign or transfer these Terms without Company’s prior written consent. Company may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.


Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.


Waiver. The failure by Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision is effective only if in writing and signed by an authorized representative of Company.


Force Majeure. Company will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Company’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, extreme weather, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, epidemic, pandemic, lockouts, strikes or other labor disputes, shortages of ingredients or packaging materials, disruptions at manufacturing or co-packing facilities, restraints or delays affecting carriers, or telecommunication breakdown or power outage.


Notice to California Users. Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.


Notice to New Jersey Residents. If you reside in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act); (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).


Statute of Limitations. To the extent permitted by applicable law, you agree that any claim or cause of action against Company arising out of or related to these Terms, the Website, or the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.


Entire Agreement. These Terms, together with the Privacy Policy, the Disclaimers, and any Promotion terms, constitute the sole and entire agreement between you and Company regarding the Website, the Services, and your purchase of Products through the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. Wholesale purchases are also subject to the applicable Wholesale Terms as set forth in Section 7.


If you have any questions, please contact Company directly at:


Email: support@fizztein.com

Mailing Address: Fizztein, Inc., 155 Fisher Avenue, #32, Eastchester, New York 10709