FiiZ DRINKS REWARDS TERMS AND CONDITIONS

You may not use the Services: (a) in any way that is prohibited by the Terms; (b) in any way that violates any applicable law; (c) in any way that causes damage to or through the Services; (d) in any way that infringes upon the rights of any third party; (e) in any way that is defamatory, libelous, abusive, obscene, pornographic, lewd, indecent, suggestive, harassing, threatening, inflammatory, fraudulent, involves false or misleading information, or is otherwise objectionable; (f) in any way that results in the commercial resale of FiiZ Drinks items without the prior written consent of FiiZ Drinks; (g) in any way that actually affects or interrupts or attempts to affect or interrupt operation, availability, reliability or stability of the Services (including without limitation using malware or viruses, attempting to bypass or break any security mechanisms or otherwise posing a security or service risk to FiiZ Drinks or its Suppliers, evading filters, or launching or facilitating a denial of service atack on any Service); (h) to send unsolicited, unwanted or harassing communications or to harvest or otherwise collect information about individuals, or (i) to facilitate or encourage any of the foregoing.   

Text messaging originator opt-in data and consent; will not be shared with any third parties, excluding aggregators and providers of the Text Message services.

THE FiiZ DRINKS REWARDS PROGRAM PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE FiiZ DRINKS’ REWARDS, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT PARTICIPATE IN FiiZ DRINKS REWARDS.

These Terms of Use apply to your access to, and participation in, the FiiZ Drinks Rewards, which is operated by FiiZ Drinks in the United States. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with FiiZ Drinks for other products and services. FiiZ Drinks reserves the right to change, modify, eliminate, terminate, discontinue and/or cancel the FiiZ Drinks Rewards, associated rewards and/or all or any portion of these Terms of Use or any policy, FAQ, or guideline pertaining to the FiiZ Drinks Rewards at any time and in its sole discretion without notice to you. Any changes or modifications will be effective immediately upon posting the revisions to www.fiizdrinks.com, and to the extent permitted by law, you waive any right you may have to receive specific notice of such changes or modifications. Your participation in the FiiZ Drinks Rewards confirms your acceptance of these Terms of Use and any such changes or modifications; therefore, you should review these Terms of Use and applicable policies and FAQs frequently to understand the terms and conditions that apply to the FiiZ Drinks Rewards. If you do not agree to the Terms of Use, do not use the FiiZ Drinks Rewards.

BECOMING A FiiZ DRINKS REWARDS MEMBER

The FiiZ DRINKS Rewards allows you to earn and/or receive Reward(s) . To become a FiiZ Drinks Rewards member, you must: (1) Be at least 13 years old; and (2) enroll in FiiZ Drinks Rewards at www.fiizdrinks.com. Your FiiZ Drinks Rewards membership is personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) FiiZ Drinks Rewards account that is personal to you. A unique and valid email address and phone number is required to register for a FiiZ Drinks Rewards account. A social media account may be required to complete actions to earn certain Rewards. Your FiIZ Drinks Rewards account number may be required to be presented in connection with a transaction or activity. FiiZ Drinks Rewards is not targeted towards, nor intended for use by, anyone under the age of 13. There are no membership fees associated with the FiiZ Drinks Rewards.   

EARNING AND USING REWARDS 

Customers earn 1 point per $1 spent excluding merchandise and gift card purchases. Customer points expire 365 days after any given point was earned. No Rewards are earned until FiiZ Drinks Rewards account is activated. Activation of any FiiZ Drinks Rewards account is at the sole discretion of FiiZ Drinks and requires, at a minimum, enrollment in the Program as outlined above and verification of the unique email address used in such enrollment. Rewards are issued by FiiZ Drinks on a periodic basis and may not be identified to you in advance. Number, type and frequency of Rewards are based upon one or more factors, including without limitation the frequency of visits, the volume and type of purchases made, account usage, type of personal information provided, and type and amount of participation in and/or interaction with FiiZ Drinks Rewards and/or activities, other Programs and/or applications. Purchases from a participating FiiZ Drinks locations may be required to earn Rewards. Voluntary activities required to earn Rewards may include, among other things: (1) features that display your user name and/or status; and/or (2) contests, sweepstakes or other like activities subject to applicable rules and/or Program terms identified at the time. Certain activities may only be available to participants 18 years and older. Activities to earn Rewards do not count towards, and may not be combined with, activities described under other Programs. Activities tied to specific Rewards must be fully completed, as determined by FiiZ Drinks in its sole discretion, and will result in a single Reward regardless of the number of times the activity is performed. Partial Rewards will not be issued. If a full Reward is not used when redeemed, no remaining balance will be refunded nor will any remaining balance be available for application toward future orders. FiiZ Drinks Rewards accounts may be used to earn purchase-based Rewards a maximum of five times per day, with a minimum of two hours between each usage. Unless otherwise identified, a Reward will consist of the single serving size of the rewarded item. FiiZ Drinks has the sole discretion to determine the size of the Reward.   

When earned, Rewards will be identified on your FiiZ Drinks mobile app account page, and may also be printed on your FiiZ Drinks restaurant receipt. Only one Reward may be redeemed per transaction. may not be redeemed in connection with catering orders. Rewards may not be redeemed for gift cards. Rewards expire if not used by the applicable expiration date. Rewards are subject to change or substitution without notice. Rewards accumulated under the FiiZ Drinks Rewards are promotional and have no cash value. Rewards may not be exchanged for cash, any cash equivalent or any other products, or combined with other discounts or coupons. Rewards may be transferred if permitted by a Reward transfer program (if any) made available by FiiZ Drinks. Transaction history cannot be transferred from one account to another. If you forgot to check-in with your unique loyalty QR code within the FiiZ Drinks Mobile App, or FiiZ Drinks Web App by logging into your loyalty account on FiiZDrinks.com while making a purchase in a FiiZ Drinks restaurant or online (a “visit”), you can get credit for your visit by emailing FiiZ Drinks Rewards Support Team at fiizrewards@fiizdrink.com within 30 days of your transaction (limits apply: 1 per day, 2 per week and 4 per month.)   

OTHER FiiZ DRINKS REWARDS INFORMATION 

Your FiiZ Drinks Rewards membership has no cash value, is not a gift card or credit card, and is not valid if obtained from unauthorized parties, including without limitation through Internet auction sites. Notify us of a stolen FiiZ Drinks Rewards membership account by contacting FiiZ Drinks Rewards Support Team at fiizrewards@fiizdrink.com. FiiZ Drinks may conduct test Programs from time to time in certain markets that may have additional/different Program terms than those described herein. FiiZ Drinks has no obligation to expand or continue any test. Rewards may not be earned or redeemed if unexpected technical difficulties arise.   

As a participant in the FiiZ Drink Rewards, FiiZ Drinks may automatically enroll you in other Programs that are complimentary to the FiiZ Drinks Rewards. Please read the Privacy Policy to understand how FiiZ Drinks collects, uses and discloses information about guests, how to update or change your personal information and how we communicate with you.   

Without notice to you, FiiZ Drinks reserves the right to suspend any FiiZ Drinks Rewards membership and/or terminate your account and/or your participation in the Program for any reason in its sole discretion, including without limitation if FiiZ Drinks determines in its sole discretion that you have violated these Terms, you have more than one account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. FiiZ Drinks may, in its sole discretion, suspend or cancel accounts that appear to be inactive, and suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in the FiiZ Drinks Rewards is terminated, then all accumulated Rewards in your account are void.   

DISPUTE RESOLUTION RELATED TO FiiZ DRINKS TEXT MESSAGING PROGRAMS MANDATORY ARBITRATION 

Except where prohibited by applicable law, in the event of any controversy or dispute (“claims” for purposes of this section) arising out of or relating to your use, participation in or access of any FiiZ Drinks text messaging program(s) (including without limitation related to these Terms of Use and/or the Privacy Policy), FiiZ Drinks and you shall negotiate in good faith to achieve a mutually satisfactory resolution. If any such claim is not resolved within thirty (30) days or such longer period as may be mutually agreed upon between FiiZ Drinks and you, any other effort to resolve the dispute will be conducted exclusively by binding arbitration in accordance with the procedures set forth below. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL CLAIMS IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.   

ARBITRATION PROCEDURE 

To the maximum extent permitted by applicable law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide FiiZ Drinks with written notice of the event or facts giving rise to the claim within one (1) year of its occurrence. Except where prohibited by applicable law, any such binding arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, shall be conducted in English, and shall be held in the State of Utah, United States. One arbitrator shall be appointed in accordance with the rules of the AAA. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that FiiZ Drinks may seek any interim or preliminary relief from a court of competent jurisdiction in Salt Lake City, Utah, United States, necessary to protect its rights or property pending the completion of arbitration.   

FEES AND COSTS 

Each party to any binding arbitration under these Terms of Use shall bear its own costs, fees, and expenses of arbitration.   

AWARD 

The arbitrator’s decision and award shall be in writing, and counterpart copies thereof shall be delivered to each of the parties simultaneously. In rendering such decision and award, the arbitrator shall not add to, subtract from or otherwise modify the provisions of these Terms of Use. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket expenses and statutory damages incurred, but in no event attorneys’ fees. Under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waive any and all rights to have damages multiplied or otherwise increased.   

LIMITATION OF OTHER PROCEEDING AND CLASS ACTION WAIVER. 

No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Each party agrees that it will not file (nor will it cause any other person or entity to file) any suit, motion, petition, or otherwise commence any legal action or proceeding which may be submitted to arbitration pursuant to these Terms of Use; provided, however, that in the event a claim cannot, by applicable law, be subject to binding arbitration the parties hereto irrevocably submit to the jurisdiction of the state and/or federal courts in the State of Utah, United States, except where prohibited by applicable law. Upon the entry of an order dismissing or staying any such action or proceeding in a court, the party which filed such action or proceeding shall promptly pay to the other party the attorneys’ fees, costs, and expenses incurred by such other party prior to the entry of such order. BY AGREEING TO ARBITRATION IN ACCORDANCE WITH THIS PROVISION, YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY ACTION AGAINST FiiZ DRINKS REGARDING ANY CLASS CLAIM YOU MAY HAVE AGAINST FiiZ DRINKS, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR FiiZ DRINKS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.   

THIRD PARTY CONTENT, PRODUCTS AND SERVICES (INCLUDING ADVERTISING AND PROMOTIONS) 

FiiZ Drinks may provide third party content on the Services (including embedded content) and links to web pages and content of third parties, including FiiZ Drinks branded and/or co-branded content and/or web pages (collectively, “Third Party Content”). We may also make our Services available to you through your use of services of third parties, such as Google, Facebook and Instagram. When you visit other sites via Third Party Content, or utilize the services of third parties, the terms and policies of the third party sites/services govern such third party site/services, including without limitation use of any of your account information that you choose to make available to such third party. It is your responsibility to determine when you are accessing Third Party Content or services. We do not control, endorse or adopt any Third Party Content or service, including the advertisements or promotions of any third party, and the inclusion of any link to and/or reference to Third Party Content or availability of Third Party service in connection with use of any FiiZ Drinks Service does not imply FiiZ Drinks’ endorsement, affiliation or adoption of the Third Party Content or service, and FiiZ Drinks makes no guarantee as to its accuracy, completeness, reliability or suitability for your purposes. You agree to comply with all applicable laws, regulations and terms applicable to your use of any such third party services (for example, if you use Google voice assist services, you agree to comply with its Terms of Service. You acknowledge and agree that FiiZ Drinks is not responsible or liable in any manner for Third Party Content or services.   

LOCATION-BASED SERVICES 

If you enable location-based services on your computer or other device in connection with your use of the Services, you expressly consent to FiiZ Drinks and/or its Suppliers collecting the geolocation (which may include specific longitude and latitude) of your device. This information will be used as set forth in our Privacy Policy, including to identify your local restaurant, to provide personalized messaging or content and/or for marketing purposes by email, push notifications, online or in-app advertising or otherwise. Please see our Privacy Policy for further information and for details on how to opt-out of location collection.   

FEEDBACK AND SUBMISSIONS 

Submission of any remarks, suggestions, material, information, ideas or other communications (each a “submission”) to the Services, including those provided in connection with a Program or on a public-facing forum made available through the Services, will be maintained by FiiZ Drinks, and at FiiZ Drinks’ discretion shall be deemed to transfer to FiiZ Drinks all present and future ownership and intellectual property rights in such submission. All submissions by you are voluntary. FiiZ Drinks has no obligation to treat a submission as confidential or to compensate you in any manner for the submission. You agree that FiiZ Drinks has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you in connection with a submission. If any court determines that FiiZ Drinks does not retain exclusive ownership of any submission, then FiiZ Drinks retains a royalty free, exclusive, perpetual, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute the submission throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. Please also review our Privacy Policy and applicable Program terms regarding use of your feedback and submissions.   

OUR INTELLECTUAL PROPERTY

 FiiZ DRINKS, the FiiZ Drinks logos, FiiZ DRINKS REWARDS are registered trademarks and/or the property of FiiZ Drinks. All other FiiZ Drinks trademarks, service marks, logos, domain names, trade or company names, or indicia of origin referred to on the Services are the property of FiiZ Drinks or its affiliates or its licensors. In countries where any of FiiZ Drinks’ trademarks, service marks, logos, domain names, trade or company names, or indicia of origin are not registered, FiiZ Drinks claims other rights associated with unregistered trademarks, service marks, logos, domain names, company names, or indicia of origin. Other product or company names referred to on the Services may be the trademarks of their respective owners. You may not use any trademarks, service marks, logos, domain names, company names, or indicia of origin of FiiZ Drinks or any third party without permission from the owner of the applicable trademarks, service marks, logos, domain names, company names, or indicia of origin. Your use of the Services does not create, and nothing contained in the Services shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in any intellectual property rights of FiiZ Drinks. Non-FiiZ Drinks-owned content may not be used without permission.   

Unless otherwise indicated, the Services and all content therein including without limitation articles, text, photographs, images, illustrations, graphics, designs, information, video and audio material, and software, including the selection and arrangement thereof, are FiiZ Drinks’ or its licensor’s proprietary property and are protected by copyright laws. You are granted a limited, non-sublicensable license to access and use the Services, and all material therein, for personal, informational and consumer transactional purposes only, including the dissemination of content to the extent specifically allowed through any provided third party functionality made available through the Services that allow you to post content from the Services to your personal social media account(s). This limited license does not include the resale, commercial use, distribution, public display or performance of the Services or any materials therein, nor does it permit the modification or the making of derivative uses of the Services of any materials therein, reverse engineering of any Service for any purpose, or the use of any data mining, spiders, robots or similar data gathering or extraction methods thereon.   Material from the Services may not be copied, distributed, republished, downloaded, uploaded or transmitted in any way without the prior written consent of FiiZ Drinks EXCEPT that you may download one copy of the material onto one computer for your personal, non-commercial home use only, provided you do not delete or alter any copyright, trademark or other proprietary notices. Unless otherwise set forth in a written agreement between you and FiiZ Drinks, you are granted a limited, non-exclusive right to create text hyperlinks to the Services for noncommercial purposes, provided such links do not portray FiiZ Drinks in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain obscene, pornographic, sexually explicit, illegal or otherwise objectionable material or damage or dilute the goodwill associated with trademarks, service marks, logos, domain names, company names, or indicia of origin of FiiZ Drinks or any third party. In addition, the link must “point” to the URL www.fiizdrinks.com and not to other page(s) within the Services and the appearance, position and other attributes of the link may not create the false appearance that you, your organization or entity is sponsored by, affiliated with, or associated with FiiZ Drinks. FiiZ Drinks reserves the right to revoke this limited right at any time in its sole discretion.   

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE 

If you believe that any material available on or via the Services infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:   

FiiZ Drinks 

Legal Department 

155 N 400 W Suite 500  

Salt Lake City, Utah. 84103 

Email: Corporate@fiizdrink.com   

Please refer to 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If a notice of copyright infringement has been filed against material posted by you on the Services, you may make a counter-notification with our Designated Agent identified above. Please refer to 17 U.S.C. § 512(g)(3). If FiiZ Drinks receives a valid counter-notification, it may reinstate the disabled or removed material in accordance with the DMCA. FiiZ Drinks may terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers and may limit access to the Services and/or terminate the accounts of any user who may infringe the intellectual property rights of others, whether or not there is any repeat infringement.   

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, AND ALL CONTENT THEREIN, AND ALL THIRD PARTY CONTENT ACCESSIBLE FROM OR THROUGH THE SERVICES, AND ALL PROGRAMS, ARE PROVIDED TO YOU “AS IS,” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.   

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE INFORMATION THROUGH THE SERVICES, YOU SHOULD NOT ASSUME THAT THE INFORMATION IS ALWAYS UP TO DATE OR THAT THE SERVICES CONTAIN ALL RELEVANT INFORMATION AVAILABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FiiZ DRINKS, ITS SUPPLIERS AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND/OR AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS DISRUPTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULTS FROM UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF ANY PROGRAM MEMBER ACCOUNT(S), MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, ACCIDENTS, VIRUSES, MISUSE OR FRAUD, DELAYS IN OPERATION, TRANSMISSION OR FAILURES OF PERFORMANCE, DELETION OF FILES OR EMAIL, UNAUTHORIZED USES OF THE SERVICES OR DATA, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FiiZ DRINKS RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL FiiZ DRINKS AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY OR TORT, (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCTS LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED YOUR ACTUAL OR DIRECT DAMAGES, OR $100, WHICHEVER IS LESS.   

VISITORS OUTSIDE OF THE UNITED STATES 

FiiZ Drinks makes no representation that the information available through the Services is appropriate or available for use outside of the United States. Those who choose to access the Services from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws.   

GOVERNING LAW AND JURISDICTION 

Access to and use of the Services and these Terms are governed by (i) the laws of the State of Utah, without regard to conflicts of laws principles (with respect to matters within the United States). Except as otherwise described in these Terms, and except where prohibited by applicable law, any legal action or proceeding relating to your access to or use of the Services or these Terms shall be instituted only in the federal and state courts in the State of Utah in Salt Lake County. By accessing or using the Services, you consent to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action of proceeding, and except where prohibited by applicable law, by using, accessing or participating in the Services, you waive any claims that may arise under the laws of other countries, states, provinces, countries, territories, or jurisdictions.   

MISCELLANEOUS 

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not impact the validity and enforceability of the remaining provisions. If any clause or provision set forth in these Terms is determined be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions. Only a specific, written waiver of any of the provisions of these Terms, signed by an authorized representative of FiiZ Drinks, shall have any legal effect. You may not transfer any of your rights or obligations under these Terms, in any way. All of FiiZ Drinks’ rights and obligations under these Terms are freely assignable for any reason, including without limitation, in connection with a merger, acquisition, sale of assets, by operation of law or otherwise. Headings contained in these Terms are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction or scope of any of the provisions contained in these Terms.   

FOR MORE INFORMATION 

If you have any questions regarding these Terms, please contact FiiZ Drinks Rewards Support Team at fiizrewards@fiizdrinks.com.   

© 2025 FiiZ Drinks. All Rights Reserved.   

CARDFREE END USER 

1. General. Access to FiiZ Drinks (the “Service Provider”) services via your mobile device is powered by the mobile technology and software solution owned by CardFree, Inc. (the “Licensor”) or its licensors. The Licensor is not the provider of any of the services available to you through the Software (defined below)(collectively the “Third-Party Materials”). You acknowledge and agree that the Licensor is not responsible for any of the Third-Party Materials, including their accuracy, completeness, timeliness, validity, compliance, legality, decency, quality, or any other aspects of information, products or services made available to you through the Software. You further acknowledge that orders once placed, cannot be canceled. Any returns or refunds must be handled by you and the Service Provider. Service Provider offers a 100% satisfaction guarantee or your money back. All credit card refunds will be provided as a credit to the credit card used at the time of purchase within five (5) business days upon receipt of the returned merchandise. Third-Party Materials are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. In addition, the Licensor is not responsible for any errors, mistakes or defects affecting or otherwise relating to payments and/or the earning or redemption of points.   

2. Ownership. You acknowledge and agree that the Licensor (or its licensors) is the owner of all right, title and interest in and to the mobile technology solution and software made available to you hereunder, including but not limited to any downloaded software and the computer programs contained therein, as well as any accompanying user documentation, and all subsequent copies, updates or versions thereof, regardless of the media or form in which they may exist (all of which is collectively referred to herein as the “Software”). By accessing the Software or using the services powered by the Software, you agree to be bound by these End User Terms (this “Agreement”), which (i) constitute your agreement with Licensor, and (ii) shall be deemed to override and supersede any conflicting or contradictory provisions set forth in any other agreement to which you are a party or otherwise binding on you.   

3. License. Subject to the terms and conditions of this Agreement, you are hereby granted a personal, nonexclusive, revocable, nontransferable license to use the Software (in machine readable object code form only) in accordance with this Agreement and solely for its intended purpose. This is not a sale of the Software. All rights not expressly granted to you by this Agreement are hereby reserved by the Licensor. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance or updates to the Software. This license may be terminated at any time, for any reason or no reason, by you or the Licensor. Upon termination, (i) all rights granted to you under this Agreement will also terminate, (ii) you agree to immediately destroy all copies of any Software which had been downloaded to your mobile device or otherwise in your possession or control, and (iii) termination will not limit any of the Licensor’s rights or remedies at law or in equity.   

4. Restrictions. You shall not: (i) use the Software in any manner other than for its intended purpose; (ii) use the Software in any illegal or inappropriate manner or for any illegal or inappropriate purpose; (iii) modify, revise or create any derivative works of the Software; (iv) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (v) redistribute, sell, rent, lease, sublicense, transfer rights to, or otherwise commercially exploit the Software; or (vi) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.   

5. Updates. The terms of this Agreement will govern any updates that replace and/or supplement the original Software, unless such update is accompanied by a separate license in which case the terms of that license will govern. The Licensor shall not, by virtue of this Agreement, be required to provide or make available to you any updates, improvements or additional modules. Notwithstanding the foregoing, Licensor may from time to time in its sole discretion develop and provide certain updates, which may include upgrades, bug fixes, patches, other error corrections and/or new features. Such updates may also modify or delete in their entirety certain features and functionality of the Software. You agree that Licensor has no obligation to provide any updates or to continue to provide or enable any particular features or functionality of the Software.   

6. Consent to Use of Data. You agree that the Licensor may collect and use technical data and related user information, including but not limited to technical and personal information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the Software. By downloading, installing, using and providing information to or through the Software, you hereby grant us a perpetual, non-exclusive, royalty free right and license to copy, modify and use any information and data supplied by you or collected on your behalf so that we may enhance the Software and to reasonably perform under its agreement with Service Provider. The Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies. The Licensor has implemented internal privacy protections for personally identifiable information, however, you acknowledge that any personally identifiable information transmitted or disclosed online can be intercepted by others and used unlawfully. Licensor shall comply with all applicable laws and regulations; however, Licensor is not responsible to ensure that Service Provider also comply with all applicable laws and regulations.   

7. Text Messages. Text messaging services, if any are offered, are provided by the Service Provider and not by Licensor. You and the Service Provider are solely responsible for the content transmitted through text messages sent between you and the Service Provider. You must provide source indication in any text messages you send (e.g. mobile telephone number, “From” field in text message, etc.) You are responsible for any text message fees charged by your wireless carrier.  

8. Export Restrictions. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will comply with all applicable United States laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to any exporting or re-exporting of the Software.  

9. U.S. Government Restricted Rights. The Software is commercial computer software, as such term is defined in 48 CFR §2.101. Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Software as are granted to all other end users under license, in accordance with (a): 48 CFR §227.7201 through 48 CFR §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 CFR §12.212, with respect to all other U.S. Government licensees and their contractors.  

10. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AS TO THE RESULTS THAT YOU MAY ACHIEVE ON ACCOUNT OF USE OF THE SOFTWARE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERORMANCE, USAGE OR TRADE PRACTICE. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL MEET YOUR SYSTEM REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OF THE SERVICES TO BE PROVIDED ON THE SOFTWARE WITHOUT INTERRUPTION. YOU ACKNOWLEDGE THAT LICENSOR IS NOT RESPONSIBLE FOR ANY ERRORS RELATED TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION DOWNTIME, AND ANY SERVICES PROVIDED BY THE SERVICE PROVIDER. LICENSOR IS NOT RESPONSIBLE FOR THE ACTIONS OF THE SERVICE PROVIDER, INCLUDING BUT NOT LIMITED TO ITS COMPLIANCE WITH ALL APPLICABLE LAWS. YOUR USE OF THE SOFTWARE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  

11. Indemnification. You agree to indemnify, defend, and hold harmless Licensor and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney’s fees, arising from or relating to your use or misuse of the Software or your breach of this Agreement, including but not limited to the content you submit or make available through the Software.   

12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LICENSOR OR ITS AFFILIATES OR LICENSORS (“LICENSOR PARTIES”) BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, THE LICENSOR PARTIES’ LIABILITY ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  

13. Miscellaneous. This Agreement constitutes the entire agreement between you and the Licensor concerning the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Software. This Agreement will be governed by and construed in accordance with the laws of the state of California, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction and venue of the Superior Court of San Francisco County or the United States District Court for the Northern District of California, and you expressly consent to jurisdiction and venue thereof and therein. This Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.  Text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the Text Message services.