These terms of service apply to the Fizzik app (hereby referred to as “Application”) for mobile devices that was created by Daitoku Corp. (hereby referred to as “Service Provider”) as a Freemium service.
Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to using the Application.
Intellectual Property
Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.
Eligibility and Accounts
To use the Application you must be at least 13 years old (or 16 where required by your country) and able to form a binding agreement. The Application uses Sign in with Apple to create your account. You are responsible for the activity that occurs under your account and for keeping your device and access to the Application secure. Your username must not impersonate another person or organization or contain unlawful or offensive language, and the Service Provider may reclaim, reset, or remove a username or account that violates these terms.
Your Content and Explore
You retain the rights to the simulations you create with the Application. When you publish a creation to Explore or share it, you grant the Service Provider a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute that creation together with your username in order to operate the Explore feature, and you permit other users to view it and to save their own copies to remix.
You are solely responsible for the content you publish, and you represent that you have the rights to it and that it does not violate these terms or any law. You may unpublish a creation at any time; however, copies that other users have already saved remain in their accounts. The Service Provider is not obligated to monitor content but may, at its discretion, remove content or suspend accounts that violate these terms or that it considers unlawful, infringing, or abusive.
Acceptable Use
You agree not to:
- publish or share content, names, or usernames that are unlawful, infringing, harassing, or abusive;
- reverse engineer, resell, or redistribute the Application except as permitted by law;
- attempt to circumvent usage limits, subscription requirements, device attestation, or other security or access controls;
- use automated means to scrape, overload, or interfere with the Application or its supporting services, or use the Application for any unlawful purpose.
Fizzik Pro Subscriptions
The Application is offered as a Freemium service. Fizzik Pro is an auto-renewing subscription, sold through the Apple App Store, that unlocks features such as video export, the full instrument and backdrop library, custom colors, unlimited Explore, and a larger collection. Payment is charged to your Apple Account at confirmation of purchase. Subscriptions renew automatically for the same period and price unless canceled at least 24 hours before the end of the current period. You can manage or cancel your subscription at any time in your Apple Account settings; deleting the Application does not cancel a subscription. Prices, plans, and the features included in the free and paid tiers may change, and any such changes will be communicated to you as required. Purchases, billing, and any refunds are handled by Apple in accordance with the App Store terms and Apple’s policies.
Modifications to the Application
The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or charge for their services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you.
The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider strongly advises against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, malicious programs, compromise your phone’s security features, and may result in the Application not functioning correctly or at all.
Third-Party Services and Connectivity
Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.
If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider’s agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the application, or other third-party charges. By using the application, you accept responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the application, they assume that you have obtained permission from the bill payer.
Similarly, the Service Provider cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.
Explore may display content created by other users. That content is the responsibility of the user who created it, and the Service Provider does not endorse it and accepts no liability for any loss, direct or indirect, that you experience as a result of relying on content or functionality within the application.
Updates and Termination
The Service Provider may wish to update the application at some point. The application is currently available as per the requirements for the operating system (and for any additional systems they decide to extend the availability of the application to) may change, and you will need to download the updates if you want to continue using the application. The Service Provider does not guarantee that it will always update the application so that it is relevant to you and/or compatible with the particular operating system version installed on your device. However, you agree to always accept updates to the application when offered to you. The Service Provider may also wish to cease providing the application and may terminate its use at any time without providing termination notice to you. Unless they inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the application, and (if necessary) delete it from your device. You may end this agreement at any time by deleting your account and removing the Application from your device.
Apple App Store — Additional Terms
These terms are concluded between you and the Service Provider, and not with Apple Inc. (“Apple”). Apple is not responsible for the Application or its content. To the maximum extent permitted by applicable law, Apple has no obligation whatsoever to furnish any maintenance or support services in relation to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Application; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Application.
Apple is not responsible for addressing any claims by you or any third party relating to the Application, including product-liability claims, any claim that the Application fails to conform to any legal or regulatory requirement, and claims arising under consumer-protection or similar legislation, nor for the investigation, defense, settlement, or discharge of any third-party claim that the Application infringes that party’s intellectual property rights. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and, upon your acceptance, will have the right to enforce these terms against you.
Disclaimer of Warranties
The Application is provided “AS IS” and “as available,” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Service Provider does not warrant that the Application or the Explore service will be uninterrupted, timely, secure, or error-free. You use the Application at your own risk.
Limitation of Liability
To the fullest extent permitted by law, the Service Provider will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising out of or in connection with your use of the Application. To the fullest extent permitted by law, the Service Provider’s total liability for any claim relating to the Application will not exceed the greater of the amount you paid to the Service Provider for the Application in the twelve months before the claim, or CAD 50.
Indemnification
You agree to indemnify and hold harmless the Service Provider from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your content, your use of the Application, or your violation of these terms or of any law or the rights of a third party.
Governing Law
These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict-of-laws principles. Nothing in these terms limits any mandatory consumer-protection rights you may have under the laws of your country or province of residence.
Changes to These Terms of Service
The Service Provider may periodically update their Terms of Service. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms of Service on this page.
These terms of service are effective as of July 15, 2026.
Contact Us
If you have any questions or suggestions about the Terms of Service, please contact the Service Provider at help@fizzik.app.