This Fizz Premium Subscription Agreement (this “Subscription Agreement”) is incorporated into and made a part of the Fizz Terms of Use, including as supplemented by the Fizz Promotional Program Terms and Conditions and any other applicable amendments or supplements (the “TOU Agreement”) between you (“you”, “your”, or “user”) and ShoulderTap Technologies Inc. d/b/a Fizz, its subsidiaries, affiliates, agents and assigns (“Fizz”, “we”, “us”, or “our”).
Capitalized terms used herein that are not otherwise defined herein shall have the meaning provided in the TOU Agreement. The TOU Agreement governs your use of the “‘Fizz Premium” services described in this Subscription Agreement (the “Subscription Services”), each of which constitutes a Service as defined in the TOU Agreement. The Subscription Services are subject in all respects to the terms and conditions of the TOU Agreement, including but not limited to, any arbitration provisions. In the event of a conflict between the TOU Agreement and this Subscription Agreement, this Subscription Agreement will control, but only to the extent necessary to resolve the conflict, except that the Fizz Promotional Program Terms and Conditions will control the Rewards Program in the event of a conflict between such terms and this Subscription Agreement, but only to the extent necessary to resolve the conflict.
For instructions on cancelling your subscription, please see Section 2 or contact us at support@joinfizz.com.
1. Fizz Premium Subscription
Your Fizz Premium subscription to the Subscription Services will continue and automatically renew each month for monthly subscriptions or annually for annual subscriptions until terminated.
Fizz Premium is subject to a subscription fee, which is typically $14.99 per month for monthly subscriptions, but may be less for students or if you accept a promotional offer, or more to account for other charges you may incur in connection with your use of the Services, such as taxes and possible transaction fees (collectively, the “Subscription Fee”). For example, the Subscription Fee may be discounted from time to time by our customer service team, or through partnerships with affiliates. The discounted price may be for a limited time, which will be disclosed to you at the time the discount is given. In addition, some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
We may change our subscription plans and the price of the Subscription Fee from time to time. We will notify you in advance before any price changes will become effective. If you do not wish to accept the price change, you can cancel your subscription before the change takes effect.
You represent you are capable of saving or otherwise storing a copy of this Subscription Agreement for your records.
2. Cancellation and Refund Policy.
The Subscription Fee is a monthly recurring charge for monthly subscriptions and an annual recurring charge for annual subscriptions.
HOW TO CANCEL: If you wish to cancel your subscription you may do so via the App by following the prompts provided after clicking on the "Fizz Premium" tab, scrolling down, and pressing "cancel subscription." You may also cancel your subscription at any time by emailing us at support@joinfizz.com.
If you cancel your subscription, your subscription will automatically close at the end of the current billing period. You must cancel before your Subscription Fee is charged in order to avoid billing for the subsequent billing period.
Subscription fees are fully earned upon payment. Payments are nonrefundable and there are no refunds for partially used subscription periods, unless required by law. If you believe that you have been incorrectly charged the Subscription Fee, please reach out to us at and we will evaluate your eligibility for a refund on a case-by-case basis. Refunds of all or a portion of your Subscription Fee are granted on a case-by-case basis. Any refunds issued to you will be made to your Checking Account.
We may suspend or terminate your Fizz Premium subscription to the Subscription Services if you fail to pay the Subscription Fee, if your Fizz Account is not in good standing, or if we determine, in our sole discretion, that you are misusing the Subscription Services or have violated this Subscription Agreement or any other agreement between you and Fizz, if we discontinue or suspend the Subscription Services of the subscription plan, or for any other reason or no reason at all.
3. Billing
3.1 Checking Accounts
We require that you link your Checking Account for payment of the Subscription Fee. We will automatically charge your Checking Account for the Subscription Fee on your “Renewal Date” unless or until you cancel your subscription or your Fizz Account is otherwise terminated or you have withdrawn our authorization to charge your Checking Account; provided that charges initiated on weekends or holidays may not be effected until the following business day.
You agree to immediately update your Checking Account details in the event of any change in your payment information. If we cannot charge your Checking Account for any reason (such as expiration or insufficient funds) on the renewal date, and you have not cancelled your subscription, you remain responsible for any uncollected amounts. We reserve the right to cancel your subscription if we are unable to successfully charge your Checking Account to renew your subscription, or if your Checking Account cannot be verified, is invalid, or is otherwise not acceptable. Fizz reserves the right to collect any outstanding amounts due, and may transfer the collection of your outstanding balance to a third-party collection agency. We may change the permitted methods of payment from time-to-time as well.
3.2 Billing Cycle.
The Subscription Fee for Fizz Premium will be charged to your Checking Account on the specific Renewal Date indicated in the App. For monthly subscriptions, your Renewal Date will generally be determined by adding one month to the prior Renewal Date. For example, if you had a Renewal Date of May 15 for May, your Renewal Date for the next month would be June 15. For annual subscriptions, your Renewal Date will generally be determined by adding one year to the prior Billing Date. For example if you had a Renewal Date of May 15 for one year, your renewal date for the next year would also be May 15. We reserve the right to change your Renewal Date after providing you with prior advance notice. Upcoming dates upon which you will be charged for subsequent Subscription Fees will also be displayed in the App. In some cases your payment date may change, for example if your Checking Account has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month.
3.3.Credit and Debit Authorization For Fizz Premium
Consistent with Section 3.1, you authorize Fizz (or a third party on our behalf) to electronically debit your Checking Account for the Subscription Fee, once each month for monthly subscriptions or once annually for annual subscriptions, on your Renewal Date or the subsequent business day. As applicable, you also authorize Fizz to electronically debit and credit your Checking Account to correct erroneous debits and credits. You have the right to receive notice of any debit for the Subscription Fee that would vary in amount from a previous Subscription Fee, but you agree that we only need to notify you if in advance of a particular debit from your Checking Account would be more than $14.99 for an monthly subscription.
You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for automated clearinghouse transactions as provided herein and will remain in full force and effect until you notify Fizz that you wish to revoke this authorization by emailing support@joinfizz.com. You must notify Fizz at least three (3) business days before the scheduled debit date in order to cancel this authorization. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so. When you email, please include the name and telephone number associated with your Fizz Account. Failure to provide correct and complete information may make it impossible for Fizz to stop withdrawal of the preauthorized withdrawal.
In addition to any of your other obligations, you agree to indemnify and hold harmless Fizz from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Checking Account if any of the information relied upon in your request to stop payment is incorrect or incomplete.
You represent and warrant to Fizz that you have the right to authorize us to charge your Checking Account for payments due to us under this Subscription Agreement.
You represent and warrant that the credit and debit transactions you request or authorize comply with applicable law.
4. Overview of the Subscription Services
4.1 Financial Literacy Courses
Financial Literacy Courses are a Subscription Service that provides you with access to educational materials and programs, including those that are designed to help you learn about managing your finances.
4.2 Smart Budgeting
Smart Budgeting is a Subscription Service designed to assist you in managing your budget. To help with your budgeting, we may send you alerts when you’ve reached certain budgets that you specify through the App and make suggestions on how to save money.
4.3 Chat with Fizz
Fizz offers a Subscription Service that allows you to message Fizz with questions regarding financial literacy, budgeting, and credit through the App.
4.4 Credit Monitoring
Credit Monitoring is a Subscription Service that enables you to review a copy of your credit score or alerts derived from changes to your credit reports. We may make all or part of the Credit Monitoring Service available for free to users of Fizz, even those that have not subscribed and paid the Subscription Fee.
You understand and agree that, by accepting this Subscription Agreement, you have provided your “written instructions” for Fizz and its service providers to obtain your credit report, your credit score(s), and/or other information from your personal credit profile on a recurring basis while you are enrolled in the credit monitoring service, and such information may be obtained from one of the three national credit reporting agencies (i.e., Experian Information Solutions, Inc., TransUnion, LLC, Equifax, Inc.) or any other credit reporting company in accordance with the Fair Credit Reporting Act.
You understand and agree that, pursuant to such authorization, Fizz may access your credit profile, including without limitation, your credit report, credit score(s) and other related information, to, among other things, verify your identity, to provide your credit information to you, and provide you with credit monitoring and alerts. Fizz will not obtain or use your credit information to market credit opportunities or other products or services that may be available to you through third parties or for any other purpose other than as expressly set forth herein.
4.5 Surprise Offers
Fizz works with its partners to offer you a variety of promotions (“Surprise Offers”) that we may make available from time to time, and generally announced on the first Friday of each calendar month (the “Surprise Offer Day”). For the avoidance of doubt, any Surprise Offers and any rewards points offered to you in connection with any Surprise Offers will be considered “Rewards Programs” and “Rewards Points”, respectively, in each case, as those terms are used in the Fizz Promotional Program Terms and Conditions.
It is always your choice whether or not to participate in Surprise Offers. We may receive compensation from our partners for promoting their products and services to you. The technology we use to provide you with Surprise Offers is proprietary and, in finding those offers for you, we may elect to consider, ignore, emphasize, or de-emphasize relevant factors at our sole discretion. We do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer. Fizz does not endorse, warrant or guarantee any third-party products or services available through the Services. While Fizz works hard to verify the rates, terms, and rewards offered by any particular advertiser or third party, Fizz does not guarantee that the rates, product terms, rewards, or other service terms provided by any particular advertiser or other third parties on the Services are actually the terms that may be offered to you if you pursue the Surprise Offer, or that they are the best terms or lowest rates available in the market. Acceptance of Surprise Offers may be subject to the third parties’ review and approval. If you elect to use or purchase products or services from third parties, you are subject to their terms and conditions and privacy policy. Certain Surprise Offers may be available to you only if you hold a Fizz Card.
By participating in the Surprise Offers, you acknowledge and agree to these terms and conditions, any terms and conditions set forth in the App related to any Surprise Offers, the Fizz Promotional Program Terms and Conditions, and the terms of any applicable third parties in connection with any Surprise Offers (collectively, the “Surprise Offer Terms”). The Surprise Offer Terms apply to the Surprise Offers made available in the App. Fizz’s terms and conditions related to Surprise Offers may be amended from time to time. Fizz may terminate the Surprise Offers program at any time at its sole discretion. Your continued use of the App signifies your acceptance of any subsequent modifications to the Surprise Offer Terms.
Eligible Fizz users may participate in the Surprise Offers by following the prompts in the App when a Surprise Offer is made available in the App or by using the Fizz Card at a participating partner location in accordance with the Surprise Offer Terms. The ability to earn cash back in connection with any Surprise Offers expires on the Surprise Offer Day at 11:59 pm Pacific Standard Time.
You agree to receive notice by email, in-app banner, or push notification of Surprise Offers in the App.
The Surprise Offers are void where prohibited by applicable federal, state, or local law.
4.6 Rewards
If you are eligible to participate in the Rewards Program, the Subscription Services include the ability to earn certain bonus Reward Points.
We post the category or categories of purchases for which you may earn Rewards Points and the rate at which we calculate Rewards Points in the App. From time -to -time, you may select a qualifying category we make available and transactions made during the indicated eligibility period that meet the selected category criteria will qualify for three times (3x) the Reward Points you would otherwise earn for such transactions, or other bonus amount that we communicate to you, including through the App.
4.7 Additional Disclaimer
For the avoidance of doubt, Financial Literacy Courses, Smart Budgeting, Chat with Fizz, and Credit Monitoring are educational in nature. As further stated in Section 11 of the TOU Agreement, Fizz does not provide legal, tax or financial advice.
5. Contact Us
If you have questions regarding the Subscription Agreement or the practices of Fizz, please contact us by e-mail at support@joinfizz.com or by regular mail at ShoulderTap Technologies Inc. d/b/a Fizz at 40 Wooster Street, Level 2, New York, NY 10011.