Terms of Service (Electronic Service Provision) — FizzUp

1. General provisions

1. These Terms set out the rules for using the FizzUp app and service (the "Service"), including the English speaking-practice features powered by artificial intelligence ("AI"), voice features, learning history, and (optionally) paid subscriptions.
2. By using the Service (creating an account, signing in, starting a session, activating voice features, using paid plans), you accept these Terms.
3. These Terms are a working draft and must be reviewed for compliance with Polish law (in particular the provision of services by electronic means and consumer law) and the policies of the Apple/Google stores.

2. Operator details

Operator (the entity providing the Service):

DB 77 CUW Sp. z o.o.

ul. Żółkiewskiego 31, 87-100 Toruń, Polska

NIP 8792706635, REGON 381680838, KRS 0000755526

E-mail (general contact): support@fizzup.ai

E-mail (complaints): support@fizzup.ai

E-mail (payments): billing@fizzup.ai

E-mail (privacy): privacy@fizzup.ai

3. Definitions

For the purposes of these Terms:

• Service / App: FizzUp and the related features and services.
• User: a person using the Service.
• Consumer: a User who is a consumer within the meaning of the applicable law.
• Account: the User's profile in the Service.
• User Content: content entered by the User (including utterances, texts, materials) to the extent it occurs.
• Voice data / audio: data from the microphone (speech), including transcripts.

4. Description of the Service

1. FizzUp is a tool for practising spoken English and for receiving feedback, exercises and summaries generated using AI.
2. The Service may include, among other things:
3. text and/or voice conversations,
4. speech transcription,
5. suggestions for improving your utterances, exercises and recommendations,
6. saving of session history and "memory" items (Memory Engine),
7. data export and deletion features (GDPR),
8. optional paid plans (subscriptions).

5. Requirements and age

1. The Service is intended for persons aged 18+.
2. By using the Service, you declare that you are at least 18 years old and have full legal capacity.

6. Account and security

1. An Account is required to use the Service (unless the operator enables a guest mode).
2. The User is obliged to keep their login credentials confidential and not to share the Account with third parties.
3. The Operator may suspend or block the Account in the event of abuse, breach of these Terms, or the need to ensure security.

7. Rules for using AI (important reservations)

1. The User is aware that, within the Service, they interact with an AI system and not with a human teacher.
2. Content generated by AI may be incomplete, inaccurate or inappropriate to the context.
3. The Service is educational in nature and does not constitute legal, medical, psychological, financial, immigration or professional advice.
4. The Operator does not guarantee the achievement of any particular language level, exam results or professional outcomes.

8. Microphone, audio and transcripts

1. Voice features require the app to be granted microphone permissions on the device.
2. Depending on the feature, your audio and/or transcripts may be:
3. transmitted to speech/AI technology providers via our backend (e.g. STT transcription, TTS speech synthesis),
4. in Speak (Gemini Live) mode, transmitted directly from the device to the provider (Google) over a WebSocket connection.
5. The details of data processing are described in the Privacy Policy.

9. User Content

1. The User retains the rights to User Content, provided they hold such rights.
2. The User grants the Operator a non-exclusive licence to process User Content to the extent necessary to provide the Service.
3. The User should not enter into the Service any sensitive data or third-party data without authorization.

10. Paid plans (subscriptions)

1. The Operator may offer paid plans. The detailed terms (billing period, price, renewal and cancellation rules) are presented before purchase.
2. Payments may be handled by external providers (e.g. Stripe, Apple, Google). Cancellation and refund rules may depend on the payment channel.
3. The details are described in the "Subscription & Payment Terms" and "Refunds & Withdrawal" documents.

11. Acceptable use (AUP)

1. It is prohibited to use the Service in a manner contrary to law or good practice, including to generate or distribute illegal or harassing content, content infringing third-party rights, or attempts to breach the security of the Service.
2. The detailed rules are set out in the "Acceptable Use Policy".

12. Complaints and support

1. Complaints regarding the operation of the Service or billing may be submitted by e-mail to: support@fizzup.ai.
2. A complaint should contain at least: account details (e-mail), a description of the problem, the dates of the events, and the expected resolution.
3. Response time: 14 days (subject to confirmation by a lawyer).

13. Liability

1. The Operator is liable within the limits of the applicable law.
2. For Consumers, the provisions of these Terms do not limit statutory rights.

14. Changes to the Terms

1. The Operator may amend these Terms for valid reasons (e.g. a change in the law, a change in the Service's features).
2. The User will be informed of material changes and, where necessary, will be asked to accept the Terms again.

15. Governing law

1. These Terms are governed by Polish law.
2. For Consumers, the choice of law does not deprive them of the protection arising from the mandatory provisions of the law of their country of habitual residence.

16. Related documents

• Privacy Policy
• Cookie Policy
• Subscription & Payment Terms
• Refunds & Withdrawal
• AI and Transparency Notice
• Acceptable Use Policy
• Age Policy
• Account & Data Deletion