Last Updated: September 23, 2026
By purchasing or consuming the products of Fizztein, Inc., a Delaware corporation (“Company,” “Fizztein,” “we,” “us,” or “our”), including the FIZZTEIN sparkling protein seltzer (the “Products”), accessing our website located at https://www.drinkfizztein.com (the “Website”), which is hosted on the Shopify e-commerce platform, engaging with our social media pages or other digital channels, or otherwise engaging with any of our services (collectively, the “Services”), you (referred to as “you” or “your”) agree to and accept all parts of these disclaimers (the “Disclaimers”). These Disclaimers are incorporated into and form part of our Terms and Conditions and should be read together with our Privacy Policy, each available on the Website. In the event of any conflict between these Disclaimers and the Terms and Conditions, the Terms and Conditions shall control. If you do not agree with any part of these Disclaimers, please do not use the Website, purchase or consume the Products, or engage with the Services.
Company reserves the right to modify these Disclaimers at any time, and such modifications shall be effective immediately upon posting on the Website. You agree to review these Disclaimers periodically, and your continued use of the Website, Products, or Services following the posting of any changes constitutes your acceptance of those changes.
The Website and Services are intended for individuals who are at least eighteen (18) years of age, and Products may only be purchased through the Website by individuals eighteen (18) years of age or older. If you purchase Products for or provide Products to a minor, you are solely responsible for determining whether the Products are appropriate for that minor. By using the Website, purchasing a Product, or using our Services, you acknowledge and agree to the following:
Not Medical Advice. All information provided by Company on the Website, on Product packaging, on social media, in marketing materials, or through customer support, including information about protein, nutrition, hydration, fitness, and wellness, is provided for general informational purposes only. Such information does not, and is not intended to, constitute medical, nutritional, or dietary advice, and is not a substitute for advice from a physician, registered dietitian, or other qualified healthcare professional. No physician-patient or other professional relationship is created by your use of the Website or Products. Never disregard professional medical advice or delay seeking it because of something you read on the Website or in Company’s communications.
Health and Nutrition Disclaimer. Products are conventional food and beverage products. Products are not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition. Products are not intended to be used as a meal replacement, as a sole source of nutrition, or as a substitute for a varied and balanced diet, and are not intended for infants or young children. You should consult a physician or other qualified healthcare professional before consuming Products if you are pregnant or nursing, have kidney or liver disease or any other medical condition, follow a protein-restricted or medically supervised diet, have a food allergy or sensitivity, or take any prescription medication.
Allergen Warning. PRODUCTS CONTAIN MILK (WHEY PROTEIN ISOLATE) AND ARE NOT SUITABLE FOR INDIVIDUALS WITH A MILK OR DAIRY ALLERGY OR FOR INDIVIDUALS WHO FOLLOW A VEGAN DIET. Products are manufactured in a facility that also processes other major food allergens. Before consuming any Product, you are solely responsible for reading the ingredient statement and allergen information printed on the Product label, and for determining whether the Product is appropriate for you and for anyone to whom you provide the Product. If you experience any allergic reaction or other adverse effect after consuming a Product, stop consuming the Product immediately and seek medical attention. We ask that you also notify us at support@fizztein.com so that we can look into the matter.
Nutrition, Ingredient, and Product Information. Company makes reasonable efforts to ensure that ingredient, allergen, and nutrition information displayed on the Website is accurate and current. However, Company may modify, reformulate, or discontinue any Product, flavor, or packaging at any time without prior notice, and information on the Website may not immediately reflect those changes. The ingredient statement, allergen statement, and Nutrition Facts panel printed on the Product you receive control over any information displayed on the Website, on social media, or in marketing materials. Nutrition values are rounded in accordance with applicable labeling regulations and may vary slightly from can to can. Because Products are made with real fruit juice, color, taste, and appearance may vary naturally between batches. Product images are for illustrative purposes only.
No Guaranteed Results. Company does not guarantee that you will achieve any particular result from consuming Products, including any result relating to muscle growth, recovery, athletic performance, satiety, weight management, hydration, or overall health. Individual results vary based on many factors, including diet, exercise, age, body composition, and individual physiology. Any statement about the protein content or other nutritional attributes of Products describes the Product itself and is not a promise of any health or fitness outcome.
Consumption and Safety. Products are carbonated beverages packaged in aluminum cans under pressure. Do not freeze, heat, or expose Products to direct sunlight or extreme temperatures, as the can may bulge, leak, or rupture. Use care when opening a can. Do not consume any Product if the can is bulging, leaking, dented at the seam, or otherwise damaged, if the Product is past the date printed on the can, or if the Product has an unusual odor, taste, or appearance. Products should be refrigerated for best quality and consumed promptly after opening.
Retailers and Third-Party Sellers. Products may be sold by independent retailers, distributors, and other third-party sellers. Company does not control and is not responsible for the storage, handling, pricing, or display of Products by third-party sellers, or for any Product sold by a person or business that is not an authorized Company retailer or distributor. Company recommends purchasing Products only from the Website or authorized retailers. Products purchased from third-party sellers are subject to those sellers’ return and refund policies.
Wholesale Customers. Retailers, distributors, and other business customers that purchase Products from Company for resale are responsible for storing, handling, and displaying Products in accordance with Company’s storage guidelines and applicable law, and for removing Products from sale on or before the date printed on the can. Wholesale purchases are governed by the applicable wholesale agreement or order terms between Company and the wholesale customer.
Testimonials and Endorsements. The Website and Company’s social media channels may feature reviews, testimonials, and content from customers, athletes, influencers, and brand ambassadors. These reflect the individual experiences and opinions of those individuals and are provided for illustrative purposes only. They do not represent or guarantee that you will have the same or similar experience or results. Where an individual has received free Products, payment, or any other compensation or benefit from Company, that material connection will be disclosed in accordance with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255. Company does not fabricate testimonials or edit reviews in a way that changes their meaning.
User-Generated Content. Reviews, comments, photos, videos, and other content that users post on the Website or on social media while referencing Company or the Products (“User Content”) reflect the views of the users who posted them and not those of Company. Company does not verify and does not adopt or endorse any statement in User Content, including any statement that a Product treats, cures, or prevents any disease or health condition or produces any particular health or fitness result. Company’s rights to use User Content are set forth in the Terms and Conditions.
Errors and Omissions. Company makes reasonable efforts to ensure that information on the Website and provided through the Services is accurate. However, such information may inadvertently contain typographical errors, inaccuracies, or omissions, and Company reserves the right to correct any error at any time without notice. Company is not responsible for the opinions, views, or accuracy of information provided by third parties on or through the Website.
Third-Party Links, Platforms, and Affiliates. The Website and Company’s social media channels may contain links or references to third-party websites, products, services, or content, including those of retail partners, fitness professionals, and collaborators. Such links and references are provided for convenience only and do not constitute Company’s endorsement of the third party or its products or services. Company may receive commissions, free products, or other compensation in connection with certain third-party promotions, and any such relationship will be disclosed as required by law. Company maintains a presence on third-party platforms such as Instagram, TikTok, and Facebook, and is not responsible for the content, availability, policies, or actions of those platforms. Your use of any third-party website or platform is governed solely by that third party’s terms of service and privacy policy.
Assumption of Risk. You acknowledge that consuming any food or beverage product carries inherent risks, including the risk of an allergic reaction or individual sensitivity to an ingredient. By purchasing or consuming Products, you voluntarily assume the risks associated with consuming Products in a manner that is inconsistent with the Product label, these Disclaimers, or the storage and safety instructions provided by Company, and the risks associated with any decision you make based on general information provided on the Website.
No Warranties. EXCEPT AS EXPRESSLY STATED IN THE TERMS AND CONDITIONS, THE WEBSITE, SERVICES, AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY PARTICULAR DIETARY, FITNESS, OR HEALTH PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, MANUFACTURERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, OR THE PRODUCTS, INCLUDING DAMAGES ARISING FROM CONSUMPTION OF PRODUCTS IN A MANNER INCONSISTENT WITH THE PRODUCT LABEL OR THESE DISCLAIMERS, OR FROM RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITE. COMPANY’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID TO COMPANY FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. The foregoing limitations shall not apply to liability for death or bodily injury to the extent caused by Company’s negligence, to Company’s gross negligence, willful misconduct, or fraud, or to any other liability that cannot be limited or excluded under applicable law.
Indemnification. You agree to indemnify, defend, and hold harmless Company, its affiliates, and their respective directors, officers, shareholders, employees, and agents from and against any third-party claims, damages, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your breach of these Disclaimers or the Terms and Conditions; (b) your violation of applicable law or the rights of a third party; (c) your User Content; or (d) your resale or redistribution of Products in a manner inconsistent with the Product label, these Disclaimers, or the Terms and Conditions.
Intellectual Property. The FIZZTEIN name and logo, and all other trademarks, logos, trade dress, can and packaging designs, text, graphics, photographs, videos, and other content on the Website (collectively, the “Intellectual Property”), are the exclusive property of Company or its licensors and are protected by applicable trademark, copyright, and other intellectual property laws. You may not reproduce, distribute, modify, display, sell, or otherwise use any Intellectual Property, or use any name, logo, or design that is confusingly similar to the Intellectual Property, without Company’s prior written consent.
Governing Law and Dispute Resolution. These Disclaimers shall be governed by and construed in accordance with the governing law provision of the Terms and Conditions. Any dispute, claim, or controversy arising out of or relating to these Disclaimers, the Products, the Website, or the Services shall be resolved exclusively in accordance with the Dispute Resolution and Arbitration section of the Terms and Conditions, including its informal resolution procedure, binding individual arbitration, class action waiver, and right to opt out.
Severability. If any provision of these Disclaimers is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable or, if modification is not possible, severed from these Disclaimers, and the remaining provisions shall continue in full force and effect.
If you have any questions regarding these Disclaimers, please contact Company directly at:
Email: support@fizztein.com
Mailing Address: Fizztein, Inc., 155 Fisher Avenue, #32, Eastchester, New York 10709