Last updated: October 30, 2026
These Terms of Service ("Terms") are a contract between you and Sizzy Labs, Inc., a Delaware corporation ("Sizzy Labs," "we," "us" or "our"). They cover Sizzy: our website, our iPhone app and the services behind them (together, the "Service"). By creating an account, starting a free trial, buying a plan or using the Service, you agree to these Terms and to our Privacy Policy.
Three things to know first:
- Subscriptions renew automatically until you cancel. See Sections 13 and 14.
- You are responsible for what goes out on your accounts. Everything Sizzy makes is made by AI and can be wrong. See Sections 5 and 6.
- Disputes go to binding individual arbitration, and you give up class actions and jury trials, unless you opt out within 30 days. See Section 25.
1. Who we are and who "you" are
Sizzy Labs, Inc. runs Sizzy. You can reach us at hello@sizzy.ai.
"You" means the person who accepts these Terms and, if that person acts for a business, that business too. Both are bound.
We call Sizzy "she" because that is how the product talks. Sizzy is software, not a person. She is an AI, and when these Terms say she does something, it means the software does it.
2. Who can use Sizzy
To use Sizzy, all of these must be true:
- You are at least 18 years old and able to form a binding contract.
- You are using Sizzy for a trade, business, craft or profession, not for personal, family or household purposes. Sole proprietors are welcome.
- If you act for a business, you have the authority to bind it to these Terms.
- You are not barred from using the Service under any law that applies to you, and Section 29 does not rule you out.
Sizzy is not for anyone under 18.
3. Your account
Give us accurate information and keep it up to date. Keep your password and devices secure. You are responsible for everything done through your account, including by team members and anyone else you let in. If you think someone got into your account, write to hello@sizzy.ai right away.
The person who created the business's account is its owner. The owner handles billing, connects accounts and can decide who has access. Anyone you give access to can act for your business within the rights you give them, and that includes approving posts.
If you sign in with Facebook or Apple, their terms also apply to that sign-in.
4. What Sizzy does
Sizzy is an AI social media manager for small businesses. Depending on your plan, she can:
- make Instagram and Facebook posts and Stories, and Reels on plans that include them, from the photos, videos and words you give her
- edit your photos with AI, and make new pictures with AI when you ask or when a post needs one
- write captions and suggest ideas
- change what she made when you ask in chat
- publish approved posts to the accounts you connect
- run Routines, which make posts on a schedule
- remember what you tell her and what she learns from your changes, in What Sizzy knows
- show you results, where Meta makes them available
What Sizzy doesn't do. Sizzy does not reply to comments or direct messages, run paid ads or post to other social networks. Sizzy is not a lawyer, an accountant or an advertising agency, and she does not give professional advice. Some things can't be done through Meta's tools, such as adding a song to a Reel. For those, you finish the post yourself in Instagram's own editor, and you are the one who posts it.
The Service changes. We may add, change or remove features, and features can differ by plan, device and country. If we remove something material from a plan you have already prepaid, we will tell you, and you can cancel and get a refund of the unused part of what you prepaid on our website.
No uptime promise. We work to keep Sizzy running, but it can be slow or unavailable. Posting times are targets, not promises. A post can go up late or not at all. We will try to tell you when that happens.
5. How posts get approved and published
Sizzy publishes to your connected Instagram or Facebook account only in these three cases:
- You approve it. You, or someone on your team with approval rights, taps Approve or Post now. Approve schedules the post for the time shown. Post now publishes it right away.
- You tell Sizzy in chat. You, or someone on your team, tells Sizzy in chat to approve or post a specific post. That counts as your approval. Sizzy uses AI to read your words and could misread them, so check the post's status after you ask, and cancel it if something is wrong.
- A Routine you set to Posts on its own makes it. New Routines start on Asks you first. If you switch a Routine to Posts on its own, you give standing approval for every post that Routine makes, from then until you change, pause or delete the Routine. Sizzy will pick the photo, write the words and publish without asking you first. You are responsible for those posts exactly as if you had approved each one.
Canceling. You can cancel a post at any time before it goes up. Once it is posted, Sizzy can't take it back through the Service. To remove it, delete it on Instagram or Facebook.
You are authorizing us to act for you. When you connect an account, you authorize us to publish to it and to read its data as described in these Terms and our Privacy Policy, for as long as it stays connected.
6. AI output and your responsibility
Everything Sizzy makes is made with AI. That includes designs, words, captions, edited photos, new pictures, ideas and chat replies ("Output"). We use third-party AI models to make it.
AI can be wrong. Output can invent or misstate prices, dates, offers and facts. It can change how a product or a person looks. It can be offensive, or it can resemble someone else's work. We have built in checks, but they are not a guarantee. A post with no warning on it has not been cleared by a person or a lawyer. Do not rely on any factual statement in Output without checking it yourself.
You review and you decide. You are the publisher and the advertiser of everything that goes out on your accounts. You are responsible for all of it, including whether it is true, lawful and allowed by the platform, and whether you have the rights you need to use it. That includes prices, offers, health or safety claims, required disclosures, and anything a Routine publishes on its own.
No promise of results. We don't promise any reach, followers, engagement, leads, sales or other results. Ideas and suggested posting times are suggestions, nothing more.
AI labels and disclosures are your job. Laws and platform rules can require you to say that content was made or changed with AI, or that it shows a person who isn't real. Examples include New York's law on synthetic performers in advertising, the EU AI Act's rules on deep fakes, and Meta's rules on AI labels. You are responsible for meeting those rules. Where a platform lets us, we may mark AI-made content with that platform's label, and you agree not to remove or hide that label.
Not unique. Other businesses may get Output that is similar to yours.
Sizzy can say no. Sizzy or our AI providers may refuse a request, or may produce something different from what you asked for.
7. Your content
"Your Content" means what you give us (photos, videos, logos, brand kit, notes and messages) and the Output Sizzy makes for you.
You keep what you own. We don't claim ownership of the material you give us.
The license you give us. You give us a non-exclusive, worldwide, royalty-free license to host, store, copy, resize, edit, adapt and display Your Content, to send it to our service providers (including AI providers), and to publish it to the accounts you connect. This license is only for running the Service for you and as you direct, keeping it secure, fixing problems and following the law. We may pass these rights to service providers only so they can do that work for us. The license ends when Your Content is deleted from our systems, as described in our Privacy Policy. It doesn't reach posts that are already published on other platforms.
What we won't do with Your Content. We don't use it to train AI models, we don't sell it, and we don't use it in our marketing without your permission.
Who owns Output. Between you and us, you own the Output, and we assign to you whatever rights we have in it, as long as you follow these Terms. There are limits:
- Our software, templates, styles and designs stay ours. You may use them as part of your Output.
- Fonts, stock images and other third-party material stay with their owners and are subject to their licenses.
- Copyright protection for AI-made material may be limited or unavailable. We can't promise that you will be able to stop others from copying Output.
Keep your own copies. Sizzy is not a backup service. Keep copies of anything you can't afford to lose.
8. What you promise about your content and the people in it
Each time you add content or approve a post, you promise that:
- You have the rights. You own Your Content, or you have every license and permission needed for us to use it as these Terms describe. That covers photos, videos, music, artwork, logos and trademarks that appear in it.
- You have permission from the people in it. Everyone who can be identified in a photo or video has given the permission the law requires for you to use their image for your business, including in advertising on social media and in AI-edited versions. That means customers, employees and everyone else. Get that permission in writing where the law requires it, and from a parent or guardian for anyone under 18.
- You've told people what they need to know. You have given any notice, and collected any consent, that the law requires for sharing someone's personal data with us and with our service providers.
- It's lawful and truthful. Your Content and what you approve do not break any law or anyone's rights, and they are not false or misleading.
Don't upload sensitive data. Sizzy doesn't need it. Do not upload government IDs, payment card numbers, medical records or passwords.
9. Acceptable use
Do not use Sizzy, or let anyone else use it, to do any of the following.
False or misleading marketing
- Create or post fake reviews or fake testimonials, including AI-written ones, or reviews from people who don't exist or didn't use your product. The FTC's rule on consumer reviews and testimonials (16 CFR Part 465) bans this.
- Hide a material connection. Follow the FTC's Endorsement Guides (16 CFR Part 255): disclose paid partnerships, free products and other ties with anyone who promotes you.
- Make false claims about price, discounts, stock, urgency, origin, or the environmental, health or earnings benefits of what you sell.
- Show a product that differs from what customers will actually get.
- Buy or fake followers, likes or other engagement.
Regulated goods and services
- Promote alcohol, cannabis or hemp products, tobacco or vapes, firearms, supplements, drugs, medical or legal services, financial products, gambling, real estate, or adult products unless what you do is legal where you and your audience are, and you follow all advertising rules and platform rules that apply, including age limits.
- Promote anything illegal.
Harm to people
- Show a real person, or make a likeness of one, without the permission Section 8 requires. Do not make deep fakes, impersonate anyone, or suggest that a person or brand endorses you when they don't.
- Create sexual content. Create, upload or share anything that sexualizes a minor. We report child sexual abuse material to the authorities.
- Create hateful, harassing, violent or threatening content, or share someone's private information.
Spam and platform rules
- Send spam, or use Sizzy for bulk unsolicited messages.
- Break the rules of Instagram, Facebook or Apple, including Instagram's Terms of Use and Community Guidelines, Facebook's Terms of Service, Meta's Commercial Terms and Promotion Guidelines, and Apple's Media Services Terms. Run contests and giveaways only with proper official rules.
- Connect or post to an account you are not authorized to manage.
- Publish political ads or election content, unless you are authorized for it and follow all the rules that apply.
Abuse of the Service
- Copy, resell or sublicense the Service, or give others access to it as a service of your own.
- Reverse engineer it, scrape it, overload it, test its security without our written permission, or get around its limits, checks or safety systems. That includes trying to make Sizzy ignore her rules.
- Get around the one-trial rule in Section 12.
- Use Sizzy or Output to build or train a competing product or AI model.
- Use Output to make decisions about anyone's housing, employment, credit, insurance or eligibility for anything.
- Break the usage policies of our AI providers, which apply to what you ask Sizzy to make.
We don't have to monitor what you do, but we may. We may refuse, block or remove anything that we believe breaks these Terms, and we may act under Section 19.
10. Instagram, Facebook, Apple and other third parties
They aren't us. Instagram and Facebook belong to Meta Platforms, Inc. The App Store and Sign in with Apple belong to Apple Inc. Sizzy is not affiliated with, endorsed by or sponsored by Meta or Apple. Their names and marks belong to them.
We don't control them. Meta, Apple and other third parties can change their products, rules, prices, permissions and technical tools at any time. They can suffer outages, reject or remove content, limit your reach, or restrict, suspend or ban your account or ours. Their decisions can stop part or all of Sizzy from working. We are not responsible for any of that, and we can't promise that any feature which relies on them will keep working.
You need your own eligible accounts. To publish, you need the right kind of account, such as an Instagram professional account and, for Facebook, a Page you manage, and you must keep them in good standing. If a connection expires or breaks, you may need to reconnect it. Posts may not go out until you do.
You deal with them directly. Your use of their services is under your agreement with them, not this one. If they ban your account or remove your content, your remedy, if any, is with them.
Other third-party services. We rely on other providers to run Sizzy, including AI and hosting providers. The ones we use are listed in our Privacy Policy. We are not responsible for third-party websites or services that you choose to use.
11. Plans and limits
Plans. Sizzy has a free trial and paid plans. The plans page shows what each plan includes. On plans sold on our website, you can pay monthly or yearly. In the iPhone app, you can pay monthly only.
Website prices (US dollars, before tax):
- Basic: $79 a month or $790 a year
- Pro: $149 a month or $1,490 a year
- Max: $299 a month or $2,990 a year
iPhone app prices (US dollars, monthly):
- Basic: $92.99 a month
- Pro: $174.99 a month
- Max: $351.99 a month
If the price at checkout differs from this list, the price at checkout is the one that applies.
Allowances. Each plan comes with a monthly allowance of posts, Stories, Reels and AI media, and a storage limit. Storage is 10 GB on Basic, 50 GB on Pro and 200 GB on Max. Unused allowance doesn't carry over to the next month.
Changes count after five rounds. Each item includes 5 rounds of changes. After that, further changes count against your allowance as new items.
Fair use. Each plan also has a limit on AI use. If your use runs far above normal for your plan, we may move you to lower-cost AI models or pause new drafts until your next monthly allowance, and we will tell you when that happens.
12. Free trial
- Length. The free trial lasts 14 days. It starts when you tap Start free trial, not when you sign up.
- No card. You don't need a credit card for the trial.
- What's included. Pro features, with the smaller limits shown on the plans screen.
- It doesn't turn into a paid plan on its own. We won't charge you when the trial ends. To keep going, you pick a plan.
- When it ends. If you don't pick a plan, Routines pause and you can't make new drafts. A post you or a Routine already approved for a later time may still go up, so cancel it if you don't want it. We keep your data for at least 30 days so you can pick up where you left off. After that we may delete it, and we will warn you first.
- One per person. You get one free trial per person and per business. We check this by email address, Facebook account and Instagram account, and by phone number if you verified one, and we keep a hashed record of these even after an account is deleted. We may refuse or end a trial if we believe this rule was broken.
13. Paid subscriptions on our website
This Section applies to plans you buy on our website. Payments are processed by Stripe.
Automatic renewal. A plan is a subscription that continues and renews automatically. Each month or each year, depending on the billing period you choose, we will charge your payment method the plan's price at that time, plus any tax, on or about your renewal date. This continues until you cancel.
What you agree to at checkout. Before you pay, checkout shows the plan, the price, the billing period, the fact that it renews until you cancel, when you will be charged, and how to cancel. We charge you only after you agree to those terms. Afterward, we email you a confirmation with the same information.
How to cancel. You can cancel at any time, online, in Profile > Plan, with no need to call anyone. You can also cancel by emailing hello@sizzy.ai from your account email address. Canceling stops all future renewals. Your plan stays active until the end of the period you have paid for, and then it ends. We will confirm your cancellation by email.
Reminders. On a yearly plan, we will email you 30 to 45 days before each renewal with the date, the price and how to cancel. On every plan, we will remind you of the plan, price, billing period and how to cancel at least once a year.
Price changes. We can change our prices. If the price of your plan is going up, we will email you 30 days before the new price applies to you, with the new price, the date and how to cancel. If you don't cancel before your next renewal, the new price applies from that renewal.
Failed payments. If a payment fails, we may try again. Your Routines may pause, and we may suspend paid features until the payment goes through. You stay responsible for amounts you owe.
Changing plans. You can move up or down between plans. The change, and any amount due or credited, is shown before you confirm.
Taxes. Prices are in US dollars and don't include tax unless we say so. You pay any sales, use, value-added or similar tax on your purchase, other than tax on our income.
Refunds. Except as these Terms say or as the law requires, payments are non-refundable, and we don't give refunds or credits for partly used periods or for unused allowance. We will refund:
- charges made by mistake, including any charge made after your cancellation took effect
- the unused part of a prepaid plan in the cases described in Sections 4 and 19
If you think a charge is wrong, write to hello@sizzy.ai before you dispute it with your bank, so we can fix it.
14. Subscriptions through the App Store
This Section applies if you buy a plan inside the iPhone app. If it conflicts with Section 13, this Section applies to those purchases.
- Apple bills you. Payment is charged to your Apple Account when you confirm the purchase, and Apple's terms apply to it.
- Automatic renewal. The subscription renews every month at the App Store price until you cancel. Apple charges the renewal within the 24 hours before your current period ends.
- How to cancel. Cancel in your Apple Account's subscription settings, at least 24 hours before the end of your current period. Deleting the app doesn't cancel the subscription, and we can't cancel it for you. Your plan stays active until the period you paid for ends.
- Refunds. Apple handles all refunds for App Store purchases. Ask Apple at reportaproblem.apple.com.
- Prices. App Store prices differ from website prices. If Apple's price for your plan changes, Apple will tell you and, where its rules require, ask for your consent.
- One plan, one bill. Your plan is the same whichever way you pay, but it is managed where you bought it. Don't subscribe in both places. If you do, tell us and cancel one.
15. Apple's required terms
This Section applies if you got the iPhone app from the App Store.
- Acknowledgement. These Terms are between you and Sizzy Labs, not Apple. Sizzy Labs, not Apple, is solely responsible for the app and its content. Nothing in these Terms sets usage rules for the app that conflict with the Apple Media Services Terms and Conditions.
- License. We give you a limited, non-transferable license to use the app on Apple-branded products that you own or control, as the Usage Rules in Apple's Media Services Terms and Conditions allow, including use by other accounts linked to you through Family Sharing or volume purchasing where those apply.
- Maintenance and support. We are solely responsible for maintaining and supporting the app, as these Terms say or as the law requires. Apple has no obligation to provide any maintenance or support for it.
- Warranty. We are solely responsible for any product warranties, express or implied by law, that are not effectively disclaimed. If the app fails to meet a warranty that applies, you may notify Apple, and Apple will refund the purchase price of the app to you, if there was one. To the fullest extent the law allows, Apple has no other warranty obligation for the app. Any other claims, losses, liabilities, damages, costs or expenses caused by a failure to meet a warranty are our responsibility.
- Product claims. We, not Apple, are responsible for addressing any claims by you or a third party about the app or your possession or use of it. That includes product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws. These Terms do not limit our liability to you beyond what the law permits.
- Intellectual property. If a third party claims that the app, or your possession or use of it, infringes its intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and resolving that claim.
- Legal compliance. You represent and warrant that you are not located in a country that is subject to a US Government embargo or that the US Government has designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
- Developer name and address. Questions, complaints or claims about the app go to Sizzy Labs, Inc., [COMPANY ADDRESS], [COMPANY PHONE], hello@sizzy.ai.
- Third-party terms. You must comply with any third-party agreements that apply when you use the app, such as your wireless data agreement and the terms of Instagram and Facebook.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right to enforce them against you, and is treated as having accepted that right.
16. Our intellectual property
The Service, including its software, design, templates, styles, text, the Sizzy name and logo, and the character of Sizzy, belongs to Sizzy Labs and its licensors. We give you a limited, non-exclusive, non-transferable, revocable license to use the Service for your business under these Terms, for as long as you are allowed to use it. We keep all rights we don't expressly give you. You may not use our name or logo without our written permission.
17. Feedback
If you send us ideas or suggestions, we may use them without limits and without paying you or crediting you. This doesn't give us any rights in Your Content.
18. Copyright complaints (DMCA)
We respect copyright, and we expect you to do the same. If you believe something on the Service infringes your copyright, send our copyright agent a notice with:
- your physical or electronic signature, as the owner or as someone authorized to act for the owner
- a description of the copyrighted work
- a description of the material you say is infringing, and where to find it on the Service
- your address, phone number and email address
- a statement that you believe in good faith that the use isn't authorized by the owner, its agent or the law
- a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner
Copyright agent: [COPYRIGHT AGENT NAME], Sizzy Labs, Inc., [COMPANY ADDRESS], hello@sizzy.ai.
If we remove your material after such a notice and you believe that was a mistake, you can send a counter-notice to the same address. It must include your signature, a description of what was removed and where it was, a statement under penalty of perjury that you believe in good faith it was removed by mistake or misidentification, your name, address and phone number, and your consent to the jurisdiction of the federal court for your district (or, if you are outside the US, any district where we can be found) and to accept service from the person who sent the notice.
We may close the accounts of repeat infringers. A false notice or counter-notice can make you liable for damages. If your complaint is about a post that is already live on Instagram or Facebook, you will also need to report it to Meta, because we can't remove it from Meta's platforms.
19. Suspension and termination
You can leave at any time. Cancel your plan as Sections 13 and 14 describe, and ask us to delete your data as our data deletion page describes. Deleting the app does not close your account or cancel your plan.
We can suspend or end your access. We may suspend or end your access, in whole or in part, with or without notice, if:
- you break these Terms, or we reasonably believe you have
- you don't pay what you owe
- we need to, to protect the Service, other customers, the public or a third party
- the law, a court, Meta, Apple or another provider requires it
- your account has been inactive for a long time
We may also stop offering the Service, or any plan, for any reason, on 30 days' notice. If we end your plan without cause, or stop offering the Service, we will refund the unused part of what you prepaid on our website.
If we end your access because you broke these Terms, we don't refund what you paid.
What happens next. Routines stop, nothing further posts, and your right to use the Service ends. Posts already published stay on Instagram and Facebook until you remove them. What happens to your data is described in our Privacy Policy. Any part of these Terms that by its nature should last will survive, including Sections 6, 7, 8, 13 (amounts owed), 17 and 20 through 30.
20. Disclaimers
THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT ANY POST WILL BE PUBLISHED OR PUBLISHED ON TIME, OR THAT ANY OUTPUT WILL BE ACCURATE, ORIGINAL, LAWFUL, NON-INFRINGING OR SUITED TO YOUR BUSINESS. WE DO NOT WARRANT ANY RESULTS, OR THE ACTS OR OMISSIONS OF META, APPLE OR ANY OTHER THIRD PARTY.
21. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS:
(a) SIZZY LABS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, SALES, GOODWILL, REPUTATION, DATA, FOLLOWERS OR REACH, OR FOR ANY RESTRICTION OR LOSS OF A SOCIAL MEDIA ACCOUNT, EVEN IF WE WERE TOLD THESE WERE POSSIBLE.
(b) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, AND (ii) US $100.
These limits apply to every kind of claim, whether in contract, tort, negligence, strict liability or otherwise, and even if a remedy fails of its essential purpose. They are a basic part of the deal between us, and our prices reflect them.
Nothing in these Terms limits liability that the law does not allow us to limit, such as liability for fraud. See also Section 23.
22. Indemnity
To the fullest extent the law allows, you will defend and indemnify Sizzy Labs and its officers, directors, employees and agents against any third-party claim, and any resulting loss, liability, damages, fines, costs and reasonable attorneys' fees, arising out of or relating to:
- Your Content, including anything you approved or a Routine published on your accounts
- a claim by anyone shown or named in Your Content
- your products, services, advertising or business
- your breach of these Terms or of any law, or of a third party's rights or terms, including Meta's and Apple's
We will tell you about the claim and may take over its defense at your cost. You may not settle a claim in a way that binds us or admits fault for us without our written consent. This Section does not cover a claim to the extent that it was caused by our own willful misconduct.
23. If you're outside the United States
Sizzy is built for businesses in the United States. Our website is also available in German and Hebrew, and people in other countries can reach it. If you use Sizzy from outside the US, this Section also applies.
- Mandatory rights stay. Nothing in these Terms removes any right that the law of your country gives you and doesn't allow a contract to take away. These Terms are written for business customers. If the law treats you as a consumer anyway, your mandatory consumer rights continue to apply.
- Liability in the EU, EEA, Switzerland and UK. If the law of one of those places applies, Sections 20 through 22 do not limit liability for intent, gross negligence, death, personal injury, fraud, or under product liability law. For slight negligence, we are liable only for breach of an essential contract duty (one that makes it possible to perform the contract and that you may rely on), and only for the damage that was foreseeable and typical for this kind of contract.
- Arbitration and class waivers. Section 25 applies only as far as the mandatory law that applies to you allows. Where that law gives you the right to go to your local courts or to an out-of-court body, you keep that right.
- Data protection. Annex A applies if data protection law requires a contract between us for personal data in Your Content.
24. Try to resolve it first
Most problems can be sorted out by talking. Before starting arbitration or a court case, write to hello@sizzy.ai with your name, your business, your account email, what happened and what you want. We will both try in good faith to resolve it for at least 60 days from the date of that notice. Time limits for bringing a claim are paused during those 60 days. This Section doesn't apply to the claims listed in Section 25(b)(ii).
25. Arbitration and class action waiver
Please read this Section carefully. It affects your legal rights. Unless you opt out, you and we each give up the right to sue in court and to a jury trial, and the right to take part in a class action.
(a) Agreement to arbitrate. You and Sizzy Labs agree to resolve any dispute, claim or controversy arising out of or relating to these Terms or the Service (a "Dispute") by binding, individual arbitration, except as this Section says. The Federal Arbitration Act governs this Section. The arbitrator decides all questions about the scope and enforceability of this Section, except that a court decides whether Section 25(e) is enforceable and whether a claim falls under Section 25(b).
(b) What isn't covered. These don't have to be arbitrated:
- (i) an individual claim in small claims court, if it qualifies
- (ii) a request by either side for a court order to stop infringement or misuse of intellectual property, or misuse of the Service
- (iii) any claim the law doesn't allow to be forced into arbitration, including under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
- (iv) a request for public injunctive relief, where the law doesn't let that right be waived. That request goes to court after the arbitration of everything else is finished, and any arbitration award applies in that court case.
(c) How it works. The American Arbitration Association ("AAA") will run the arbitration under its Commercial Arbitration Rules, or under its Consumer Arbitration Rules if the AAA decides those apply. Its rules are at adr.org. One arbitrator will decide. Hearings will be by video unless the arbitrator decides that one should be in person, in which case it takes place in the county of your principal place of business or another place we agree on. The arbitrator can award the same individual relief a court could, but only to the party asking for it and only as far as needed for that party's own claim. The decision will be in writing, and any court with jurisdiction may enter judgment on it.
(d) Costs. The AAA's rules set the fees. If your claim is for $10,000 or less, we will pay any filing, administrative and arbitrator fees above what it would cost you to file in court. If the arbitrator finds that the costs would stop you from bringing your claim, we will pay as much of them as the arbitrator decides is needed. Each side pays its own attorneys' fees unless the law or the arbitrator's rules say otherwise.
(e) No class actions. You and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative action. The arbitrator may not combine more than one party's claims or preside over any form of class or representative proceeding, unless everyone involved agrees in writing. If a court decides this paragraph can't be enforced for a particular claim, that claim (and only that claim) goes to court, and the rest of this Section still applies.
(f) Many similar claims. If 25 or more similar Disputes are filed against us by or with the help of the same or coordinated counsel, each one stays an individual claim, decided on its own facts. The parties will ask the AAA to apply any rules it has for multiple filings, and to appoint one arbitrator to decide shared procedural questions so that the cases can move efficiently. Time limits for bringing those claims are paused while this happens.
(g) Your right to opt out. You can opt out of this Section within 30 days after you first accept these Terms. Email hello@sizzy.ai from your account email address, with your name, your business name and the words "I opt out of arbitration." Opting out won't affect anything else about your account or these Terms.
(h) Changes. If we make a material change to this Section, it won't apply to any Dispute that arose before the change. You will have 30 days from the notice of the change to opt out of the new version by the same method.
(i) Survival. This Section survives the end of your account and these Terms. If any part of it can't be enforced, except for Section 25(e), the rest still applies.
26. Governing law and courts
The laws of the State of Delaware govern these Terms and any Dispute, without regard to conflict-of-laws rules, and the Federal Arbitration Act governs Section 25. Any Dispute that isn't arbitrated will be decided only in the state or federal courts located in Delaware, and you and we agree to their jurisdiction. This Section doesn't remove any mandatory protection under Section 23.
27. Changes to these Terms
We may change these Terms. Each version has a date and a version number at the top, and we keep a record of the version you accepted. If a change is material, we will tell you by email or in the Service at least 30 days before it takes effect, unless it has to take effect sooner because of a legal or safety reason. We may ask you to accept the new version before you can keep using Sizzy. If you don't agree with a change, stop using Sizzy and cancel before it takes effect. If you keep using Sizzy after it takes effect, you accept it. A change doesn't apply to a Dispute that arose before it.
28. Notices and electronic communications
You agree that we can send you contracts, notices, receipts and other messages electronically, by email to your account address or inside the Service, and that these meet any legal requirement for a writing. Keep your email address current. A notice is treated as received when we send it. Notices to us go to hello@sizzy.ai, and legal notices should also be mailed to Sizzy Labs, Inc., [COMPANY ADDRESS].
29. Export and sanctions
You may not use the Service if you are located in a country under a US embargo, if you are on a US government list of restricted parties, or if the law otherwise bars you. You may not use it to export anything in violation of US or other export or sanctions laws. Section 15 also applies to you if you use the iPhone app.
30. General terms
- Entire agreement. These Terms, our Privacy Policy and any terms shown at checkout are the whole agreement between you and us about the Service, and they replace any earlier agreement on the subject. If they conflict, these Terms control, except as Section 14 says, and except that Annex A controls on the processing of personal data for you.
- Assignment. You may not transfer these Terms without our written consent. We may transfer them in a merger, sale of assets or reorganization, or to an affiliate.
- Severability. If part of these Terms can't be enforced, it will be enforced as far as the law allows, and the rest stays in effect.
- No waiver. If we don't enforce a term, that doesn't mean we have given up the right to enforce it later.
- Events outside our control. We are not liable for delay or failure caused by something beyond our reasonable control, including outages at Meta, Apple, AWS, AI providers or other suppliers, internet failures, attacks, natural disasters, war, strikes or government action.
- Our relationship. We are independent contractors. Nothing here makes either of us the other's partner, employee or fiduciary. You authorize us to act for you only as far as Section 5 says.
- No third-party beneficiaries. No one else has rights under these Terms, except Apple as Section 15 says.
- Language. The English version of these Terms is the one that controls, unless mandatory law says otherwise. Translations are for convenience.
- California notice. Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.
31. Contact us
Sizzy Labs, Inc. [COMPANY ADDRESS] [COMPANY PHONE] hello@sizzy.ai
Annex A: Data processing terms
This Annex applies when you use Sizzy to process personal data about other people (such as customers or staff shown in your photos, or people named in your messages) and the law requires a contract between you and your processor or service provider. That includes the EU GDPR, the UK GDPR, the California Consumer Privacy Act and similar laws. It does not apply to personal data we handle for our own purposes, which our Privacy Policy covers.
1. Roles. You are the controller (or business) and we are your processor (or service provider) for that personal data ("Customer Personal Data"). You decide why it is used. You are responsible for having a lawful basis, giving notices and getting any consent.
2. Details of the processing.
- Subject matter and purpose: running the Service for you, as these Terms describe
- Duration: for as long as you use the Service, plus the deletion period in our Privacy Policy
- Nature: storing, resizing, editing, generating content with AI, sending to the accounts you connect, deleting
- Data subjects: people shown in or named in Your Content
- Types of data: images, video, names and whatever else you include in Your Content. You agree not to include special categories of data.
3. Your instructions. We process Customer Personal Data only on your documented instructions, unless the law requires otherwise, in which case we will tell you first if we legally can. These Terms, your settings and what you do in the Service are your instructions. We will tell you if we believe an instruction breaks data protection law.
4. Confidentiality and security. Anyone we authorize to process Customer Personal Data must keep it confidential. We keep the security measures described in our Privacy Policy, and we may update them as long as the overall level of protection does not go down.
5. Subprocessors. You give us general authorization to use subprocessors. The ones we use are listed in our Privacy Policy. We will tell you before adding or replacing one, by updating that list and by email or in the Service. You can object within 30 days on reasonable data protection grounds. If we can't solve the problem, you can end the affected part of the Service and get a refund of the unused part of what you prepaid on our website. We bind subprocessors to data protection duties that are no weaker than these, and we are responsible for their performance.
6. Help we give you. We will reasonably help you answer requests from individuals, keep the data secure, handle breach notifications, carry out impact assessments and consult regulators, taking into account what we know and what the Service does.
7. Personal data breaches. We will tell you without undue delay after we become aware of a breach that affects Customer Personal Data, and we will share what we know.
8. Deletion. When you ask, or after your account ends, we will delete Customer Personal Data as our Privacy Policy and data deletion page describe, unless the law requires us to keep it. You can ask us for a copy first.
9. Audits. We will give you the information reasonably needed to show that we meet this Annex. If that isn't enough, or a regulator requires it, you may audit us on reasonable notice, no more than once a year, at your cost and under a duty of confidentiality.
10. International transfers. If the EU GDPR applies to Customer Personal Data and it reaches us in a country without an adequacy decision, the EU Standard Contractual Clauses (Commission Decision 2021/914), Module Two, apply and are incorporated by reference. You are the data exporter and we are the data importer. Clause 7 applies, Option 2 of Clause 9 applies with 30 days' notice, the optional wording in Clause 11 does not apply, and the governing law and courts under Clauses 17 and 18 are those of Ireland. The details in this Annex and our Privacy Policy complete the Clauses' appendices. If the UK GDPR applies, the UK International Data Transfer Addendum to those Clauses also applies. If these Terms conflict with the Clauses, the Clauses control.
11. US state privacy laws. Where we act as your service provider, we will not sell or share Customer Personal Data, keep or use it outside our direct relationship with you or for any purpose other than the business purposes in these Terms, or combine it with other personal data except as the law allows. We will comply with the law that applies to us and give the same level of privacy protection the law requires. We will tell you if we can no longer do so. You may take reasonable steps to stop and fix any unauthorized use.