Sizzy Terms & Conditions

Terms & Conditions

Last updated on 14 November 2019

The following terms and conditions (“Terms”) govern all use of the sizzy.co website and the Sizzy app. Both sizzy.co (“Website”) and the Sizzy app (“Sizzy”) are services (“Services”) of Kristijan Ristovski “Kitze” residing in 80-463 Gdańsk (Poland), ul. Stanisława Skarżyńskiego 3A/19, registered in the Polish Central Register and Information on Economic Activity, tax id no. PL5842776821 (“we”). By using any of the Services, you agree to the Terms.

We reserve the right to update and change the Terms at our discretion without notice. Any new features in excess to the current Services shall be subject to the Terms. Continued use of the Services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms anytime at: http://sizzy.co/terms

If you accept the Terms on behalf of a company or other legal entity, you warrant that you have full legal authority to accept the Terms on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept the Terms if you are not of legal age to form a binding contract with us.

Violation of any of the Terms may result in blocking your access to the Services, as well as in redress.

Summary

  • In order to use Sizzy, you must choose and buy a subscription plan and activate your License Key. This way, you enter into a license agreement with us, as stated in these Terms. Under some provisions, you can change and cancel your subscription.
  • You have a right to a 14-day Trial Period.
  • All sales, returns and customer service are handled by our Merchant of Record - Paddle.com.
  • In order to use Sizzy properly, you need to meet some system requirements. If you cannot run Sizzy or your system does not support it, you will get a refund. We provide updates and upgrades, as well as technical support.
  • Discounts and price modifiers that were applied during a sale or a promotion aren't automatically transferred when changing a plan or upgrading a billing interval.
  • After cancelling a subscription or asking for a refund all price modifiers and discounts will be automatically removed.
  • If you have any questions about these Terms or the Services, you may contact us via email: contact@mg.sizzy.co. 

  1. Buying and activating Sizzy
  1. In order to use Sizzy, you must purchase a License Key choosing one of the available subscription plans and download Sizzy from the Website.
  2. Buying Sizzy requires you to enter:
  1. the country of your location,
  2. your email address,
  3. your billing details (cardholder name, card number, card expiration date and security code / CVV),
  4. a discount code, if you have one.
  1. Entering your billing details is obligatory even when using a 100% discount code. If your discount code is valid, you will not be charged.
  2. After purchasing Sizzy, you should receive:
  1. an email with your License Key and download link;
  2. an email from Paddle with your purchase confirmation.
  1. The License Key can be also found in the Sizzy License Manager or if you are part of a team, you can contact the person who has access to the Sizzy License Manager.
  2. In order to activate your License, open Sizzy and enter your email address and your License Key. If your subscription includes multiple devices, do so on each device, using the same email address and the same License Key. You can manage your subscription and activated devices in the Sizzy License Manager.
  3. In order to change devices on which you use Sizzy, you must first deactivate the License Key either via the main menu of Sizzy (Sizzy -> Deactivate license) or via the Sizzy License Manager. Then, the same License Key can be activated on the same device or on another device.

  1. Trial period
  1. You have a right to a single 14-day trial period, during which you can exercise your right of withdrawal from the purchase of Sizzy, without giving any reason.
  2. In order to withdraw from your purchase you must cancel your subscription in the License Manager, or e-mail us to cancel it for you within 14 days from the date of your purchase.
  3. Your License Key will be deactivated immediately after we receive your notice and you will be given a full refund.
  4. If you do not exercise your right of withdrawal described above, the subscription will start and you will not be entitled to a refund.

  1. Payment methods and invoicing
  1. You agree to pay all applicable fees related to your use of the Services, which are described fully in the “Pricing” section of the Website.
  2. By providing a payment method, you consent to allow us and authorize us to charge your credit card/debit card through our payment processors, for the amounts due for your initial subscription period and for additional subscription periods until your subscription is cancelled or terminated.
  3. If you choose a subscription plan that is billed monthly, your credit/debit card will be charged automatically each month in advance with the amount of then-current fee for your type of subscription. If you choose a subscription plan that is billed annually, your credit/debit card will be charged automatically each year in advance with the amount of then-current fee for your type of subscription.
  4. To the extent that payment mechanisms are provided through third parties, you agree that we will have no liability to you arising out of the acts or omissions of such third parties.
  5. Our order process is conducted by our online reseller Paddle.com (“Paddle”). Paddle is the Merchant of Record for all our orders. Paddle handles all customer service inquiries and returns. For further information, please see Paddle’s Buyer Terms.
  6. If your payment fails or is otherwise not paid on time, we may immediately cancel or revoke your access to the Services. If you contact your bank or credit card company to decline or reverse the charge of fees for the Services, we may revoke your access to the Services in general.
  7. Our fees may change. You will be given advance notice of any fee changes applicable to your current subscription. If you do not agree with the changes, you can cancel your subscription.
  8. You can change your billing method at any time in the Sizzy License Manager.
  9. After entering your email address and location, you will be asked to choose a payment method. In this step, you also have the option to add your VAT number and to enter your company details. In order to do that, you need to click on the “Add VAT number” button and you will be taken to the particular form. Please note that our payment provider may not handle VAT payments for some countries. In this case, the button will not be available for you. The full list of countries that our current payment provider is registered to handle VAT invoices can be found here. In case you have missed entering your VAT details, please contact us and we will help you to add them later.

  1. License
  1. Once you buy a License Key, we grant you a non-exclusive, non-transferable, limited, revocable license to use Sizzy in accordance with the Terms. We reserve all rights not expressly granted to you. We are and remain the owner of any intellectual property rights with respect to Sizzy. You shall not acquire any ownership to Sizzy as a result of your purchase of the License Key or use of Sizzy.
  2. You can install and activate Sizzy on the number of devices that results from your chosen subscription plan:
  1. Solo - license for one device;
  2. Trio - license for three devices;
  3. Team - license for ten devices;
  4. Enterprise - license for more than ten devices, subject to our specific agreement.
  1. The license is granted to you for a definite period and will terminate automatically at the end of the applicable subscription period - after a moth or after a year - unless renewed or activated prior to the end of the applicable subscription period.
  2. We are entitled to terminate your license by blocking the License Key during your subscription period with immediate effect and without prior notice in the event you fail to comply with the Terms, in the event you fail to pay your subscription fee for the License Key within the applicable payment term, or in the event we are required to do so by law or an order of an applicable court.
  3. Upon termination of the license, you shall cease all use of Sizzy.
  4. You shall use Sizzy in accordance with applicable laws and the Terms and shall not:
  1. Use the trial period on any system where the trial period was previously used and expired;
  2. Rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key or Sizzy;
  3. Use Sizzy for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
  4. Delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying Sizzy;
  5. Copy, adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works of Sizzy and the License Key or any parts thereof, except to the extent permitted by applicable law ;
  6. Use Sizzy in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any person or entity, or that violates any applicable law;
  7. Use the Sizzy for any purpose that is to our detriment or commercial disadvantage, including, but not limited to, developing a competing software product or service
  1. We may modify Sizzy at any time at our sole discretion and without notice to you, for example to comply with applicable law or a court order, to avoid third party infringement claim or to provide updates and upgrades.
  2. Certain components of Sizzy are Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software. You shall adhere to the respective terms and conditions, which can be found in chapter IX of the Terms.
  3. You acknowledge that the provisions of the Terms, which by their nature are intended to survive termination, will remain in effect after termination of your license.

  1. Cancelling and changing your subscription
  1. In order to change your ongoing subscription plan, you must contact us directly via email: contact@mg.sizzy.co
  2. If you wish to upgrade your ongoing subscription plan to a more expensive one, you will only be charged for the difference between the prices of the two plans.
  3. If you wish to downgrade your ongoing subscription plan to a cheaper one, the amount that has already been charged will become credit balance to cover your next (lower) billing amount(s). Once that credit balance is used up, your recurring billing amount will be according to your new subscription plan.
  4. In order to cancel your ongoing subscription, you must click on the “Cancel Subscription” button available in the Sizzy License Manager or you can contact us directly via email: contact@mg.sizzy.co, providing us with  your order number, email, or License Key.
  5. If you cancel your subscription, your License Key will remain valid until the end of your current subscription period and will expire after that date. You will not be automatically charged for the next billing period.

  1. System requirements, updates, support
  1. In order to download Sizzy, to purchase and activate the License Key, as well as to receive updates and upgrades, you need a working Internet connection
  2. Sizzy has been tested and works on the following operating systems:
  1. Windows 10;
  2. macOS Mojave, macOS Catalina;
  3. Linux Ubuntu, Linux Manjaro.

Sizzy might work on other versions of macOS and Linux, but it is not guaranteed and no technical support will be available for them.

  1. If your device runs on one of the operating systems mentioned in 2.a-2.c above and Sizzy does not work properly, you have a right to a refund within 7 days from the activation date.
  2. Any bugs and technical problems can be reported either on our public Trello board or directly via email: contact@mg.sizzy.co
  3. Sizzy automatically checks for updates and upgrades every 15 minutes. If any updates and upgrades are available, you will receive a in-app notification and can either install them immediately, or with the next launch of Sizzy. Updates and upgrades cannot be switched off. You can also request an update manually by clicking Sizzy -> Check for Update in the main menu.
  4. You can choose the type of updates and upgrades you want your Sizzy to download (Settings -> About -> Updates channel):
  1. Stable;
  2. Beta;
  3. Alpha.

Please note, that if you choose Beta or Alpha updates, you do so at your own risk and responsibility. Beta updates are usually properly tested for a few days before they are released, while Alpha updates are much more unstable and may cause more potential damage. You cannot hold us liable for bugs, crashes, data loss or any other damages caused by those updates. Any errors noticed while using the Alpha or Beta version may be reported via our public Trello board or directly via email: contact@mg.sizzy.co

  1. Consumer rights
  1. Terms and conditions stated in this chapter apply exclusively to Consumers (natural persons using the Services with no direct relation to their business or professional activity). Any provisions of the Terms contrary to consumer rights arising from generally applicable laws, do not apply, and the general provisions apply in their place.
  2. Any complaints concerning the Services can be sent via email: contact@mg.sizzy.co. Each complaint will be dealt with and responded to as soon as possible, but no later than within 30 days.
  3. If you activate your License Key within 14 days from the purchase, you grant explicit consent to start using the Services before the deadline to withdraw from the purchase. After your License Key is activated, you can only use the trial period mentioned in chapter II.
  4. You have the right to use extrajudicial means of dealing with any complaints and redress arising from the Terms. In order to do so, you can apply to the appropriate Provincial Inspectorate of Trade Inspection to:
  1. initiate mediation proceedings on the amicable settlement of the dispute between you and us,
  2. Settle the dispute arising from the concluded sales contract before the Permanent Consumer Arbitration Court operating at the Provincial Inspectorate of Trade Inspection.

Further information can be found at the following address of the Polish Office of Competition and Consumer Protection: https://www.uokik.gov.pl/consumer_protection_in_poland.php

  1. Newsletter
  1. In order to receive products and services updates, you can subscribe to our newsletter. If you do so, your email address will be added to our mailing list.
  2. You can unsubscribe from the newsletter at any time either by contacting us directly via email: contact@mg.sizzy.co or by clicking an “Unsubscribe” link at the bottom of each email.

  1. Disclaimers and liability limitation
  1. You use the Services at your own risk and the entire risk as to satisfactory quality, performance and accuracy is with you. Sizzy is provided on and “as is” and “as available” basis without warranty - expressed or implied - of any kind, and we specifically disclaim the warranty of fitness for a particular purpose. No oral or written advice given by us, our dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely upon such information or advice.
  2. We reserve our right to stop supporting and developing Sizzy any at any time. If we make this decision, all ongoing subscriptions will stay valid until the end of the current billing period. If during that time Sizzy stops working on your device and becomes unusable for you, you can get a refund. After the end of your last billing period Sizzy will stay activated forever, but no further updates with new features and security fixes will be available.
  3. The liability of ours and any third party that has been involved in the creation, production, or delivery of the Services for all damages arising out of or in any way relating to the Services and the Terms, shall in no event exceed the total amount of $ 60.
  4. We and any third party that has been involved in the creation, production, or delivery of the Services are under no circumstances liable for consequential or indirect damages (including loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Services). These limitations of liability shall not apply in the event that:
  1. any negligence on our part leads to death or physical injury or
  2. damages arise from the intent, willful misconduct or gross negligence on our part.

  1. Acknowledgments 

  1. Use of data
  1. We may periodically collect and use technical and related data concerning the Sizzy you have licensed, including about the version number of Sizzy you have installed and about the system you have installed Sizzy on (only the name of the computer and the version of the operating system). We will use such data to facilitate maintenance and support with respect to Sizzy, to improve our products and to provide further services or technologies to you.
  2. We may process your personal data to the extent necessary to provide the License Key, maintenance and support and to comply with our obligations under the Terms. To the extent we will process personal data, we will comply with our obligations under applicable data protection law. Please see our Privacy Policy for more details on the processing of your personal data that we have collected and received through our Services.

  1. Third Party Websites
  1. The Services may contain links to websites we do not operate, control, or maintain ("Third Party Websites"). We do not endorse any Third Party Websites, and we make no representation or warranty in any respect regarding the Third Party Websites. Any links to Third Party Websites within the Services are provided solely for your convenience. If you do access any Third Party Websites, you do so at your own risk and waive any and all claims against us regarding the Third Party Websites or our links thereto.
  2. Sizzy contains a web browser, which was designed mostly for checking user’s own websites (usually local versions of them). This means that you should only use this browser to visit websites that you (or your company) created or trust. Therefore you agree that any Third Party Websites accessed through that web browser are accessed at your own risk and responsibility and that you waive any and all claims against us regarding the Third Party Websites.

  1. Governing law and disputes

The Terms are governed and construed in accordance with the laws of Poland and you irrevocably submit to the exclusive jurisdiction in Poland.