1. Your Acceptance

Welcome. These Terms of Services (the “Terms”) between POG Tech Corp., a Delaware company and its affiliates (collectively, “Sizl”), the owner and operator of the website: sizl.com along with our related websites, networks, applications, mobile applications, and other service provided by us (collectively, the “Services”) and you (“you” or “your” or “user(s)”), a user of our Services, governs your use of our Services.

Throughout this document, the words “Sizl,” “us,” “we,” and “our,” refer to our company, POG Tech Corp. and our Services, as is appropriate in the context of the use of the words.

Please read the Terms and the Privacy Policy available here at legal.sizl.com before using our Services. By using or accessing our Services, you acknowledge and agree to these terms and agree to be bound by these Terms and the Privacy Policy. We may amend our Terms or Privacy Policy from time to time, your continued use of our Services will constitute acknowledgement and consent to any amendments made within the Terms and Privacy Policy.

If you do not agree to the Terms or the Privacy Policy please stop using our Services immediately.

THESE TERMS CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 13 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 13 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.

2. Services Overview

Our Services provide a convenient method for users to order and receive food from our cloud kitchen and offer an interactive experience with virtual heroes. Users can engage with these characters and play mini games for users to win perks, which can be utilized to enhance their user experience with our Services.

3. Accounts and Registration

Sizl Account

In order to access and use certain areas or features of the Services, you will need to register for a Sizl account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Services on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account.

You may only create an Sizl Account if you are at least 13 years of age. You agree and understand that you are responsible for maintaining the confidentiality of your account credentials. By providing us with your contact information, you consent to receive all required notices and information. Electronic communication may be posted on our Services, sent as push notifications to your device, and/or delivered to your contact information we have on file for you. It is your sole responsibility to promptly update your information. You consent to receive communications electronically from Sizl until the termination of your account with us.

If you become aware of any unauthorized use of your account, you agree to immediately notify us at: support@sizl.com.

Third-Party Account

In order to download our mobile or web application (the “Apps”), you may be required by third parties who are providing services in connection with the App, such as Apple, Inc. and Google Inc. (each, a “Service Provider”) to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Service Provider. Your access and use of any account with a Service Provider, including in connection with the Service, is subject to any terms, conditions, and policies, including privacy policies, of that Service Provider. Sizl is not responsible for any act or omission of any Service Provider.

4. Your Use of our Services

You are responsible for your use of Sizl, and for any use of Sizl made using your username and account. Your right to use and access our Services is personal to you and is not transferable to any other person or entity. You acknowledge that in order for our Services to function properly, you must keep your Account Information up to date.

You agree that you may not use our Services for any purpose that is unlawful or prohibited by these Terms, specifically you agree not to:

• Use our Services for any illegal purpose, or in violation of any local, state, national or international law;
• Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• You may not use our Services in any manner that could damage, disable, overburden, or impair any Sizl server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to our Services or interfere with any other party’s use and enjoyment of our Services;
• You may not attempt to gain unauthorized access to our Services, other accounts, computer systems or networks connected to any Sizl server, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services; or
• Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 212 of the Immigration and Nationality Act.

Sizl may terminate your account for violating one or more of your responsibilities, for violation of our community guideline, for violating applicable international, federal or state law, any other provision in these Terms, the Privacy Policy or for any other lawful purpose or at our discretion, with or without notice.

5. Intellectual Property Rights

Sizl retains all right, title and interest in and to the Services and any information, products, documentation, software and other materials available on or through our Services, and any patent, copyright, trade secrets, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to any one. Use, reproduction, copying or redistribution of Sizl trademarks, service marks and logos are strictly prohibited without the prior written consent of Sizl.

The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on our websites and apps. Nothing contained on our websites or apps should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on our websites and apps without the written grant thereof by Sizl, or the third-party owner of such trademarks, service marks, or logos. Our websites and apps may contain other proprietary notices and copyright information, the terms of which you agree to follow.

Feedback

We welcome your feedback about the Services. Unless otherwise expressed declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.

6. Payment and Delivery

Certain features of the Services, including without limitation the placing or receipt of orders, may require you to make certain payments, including commissions or other fees, which may include commissions, delivery charges, or additional charges that may be reasonably imposed under specific circumstances such as adverse weather conditions. When paid by you, these payments are final and non-refundable, unless otherwise determined by Sizl.

After the completion of your order, a confirmation including your order number and the details of the items you have ordered will be stored within the app. Sizl, in its sole discretion, may offer credits or refunds on a case-by-case basis including, for instance, if there was an error with your order or if you were charged incorrectly. Any such credits or refunds will also be reflected in the app's order history. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Sizl and you will not take place unless and until you have received your order confirmation e-mail, or you have received a confirmation on or through the Services. You have the option to cancel your order at any time by electing to cancel the order through the Services or emailing support@sizl.com, provided that if your order has been confirmed or in the process of delivery, we may in our sole discretion to issue a partial refund or credit. Under no circumstance will a refund exceed the purchase price for an applicable order.

Sizl will charge, and you authorize Sizl to charge, in connection with a third-party payment processor (currently Stripe), the payment method you specify at the time of purchase. If you pay any amounts with a credit card, Sizl may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. Sizl does not store your payment information.

Sizl reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all Services at any time, and further reserves the right to consolidate or otherwise incorporate fees and/or surcharges into the prices listed for items. For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower than the total amount due. Regardless of the cause, Sizl reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes.

We will arrange for the delivery of your food order. Delivery fees, if any, will be specified during the ordering process. Please note that our delivery personnel are independent contractors. Our responsibility for your food order ends once it's handed over to the delivery person for transport to your specified delivery location. We cannot guarantee the condition of the food during its delivery, nor can we be held responsible for any injuries or incidents that may occur during the delivery or return process. Delivery times provided by us are estimates only and we are not liable for any delays in delivery.

7. Disclaimer of Warranties

All Services and all materials and content available through the Services are made available “AS-IS” and “AS AVAILABLE” and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.

Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release, then the following applies. for example, California residents must, as a condition of this agreement, waive the applicability of California civil code section 1542, which states, "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." you hereby waive this section of the California civil code. you hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.

8. Limitations on Liability

IN NO EVENT SHALL Sizl, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, DATA PROVIDERS OR ANY THIRD PARTIES CONTRIBUTING CONTENT TO THE SERVICE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE. IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE SERVICE OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY, OR ANY THIRD PARTIES MENTIONED ON THE SERVICE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE.

9. Indemnity

You agree to defend, indemnify and hold harmless Sizl, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: 1. your use of and access to our Services; 2. your violation of any term of these Terms; or 3. your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of our Services.

You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

10. Third-Party Services

Our Services may contain links to or be integrated with third-party platforms or websites (each, a "Third-Party Service"). These Third-Party Services may operate in the background or be embedded within our Services. You acknowledge and agree that we have no control over, and are not responsible for, these Third-Party Services, their operation, or their use of your personal information. We do not endorse, recommend, or vouch for the security or functionality of such Third-Party Services. We recommend that you review their terms of service and privacy policies before accessing and using the Third-Party Services. We are not liable for any malfunction, harm, or damages that may arise from your use or interaction with these Third-Party Services.

11. COPPA Compliance

Sizl and its Services may only be used by persons 13 years and older. Sizl in no way targets children under the age of 13. If you are under 13 please stop using our Services immediately and do not submit any information to us.

12. Choice of Law

All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule whether of the State of Illinois or any other jurisdiction.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in the City of Chicago and Cook County although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14. Severability

In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of these Terms are deemed to conflict with each other's operation, Sizl shall have the sole right to elect which provision remains in force.

15. Non-Waiver

We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

16. Our Termination and Cancellation Rights

We may terminate or suspend our Services or your account or any other provision thereof at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate these Terms or your Sizl account, you are solely responsible for properly canceling your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

17. Assignment

You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.

18. Tips Policy

When you use Sizl's services, you hereby acknowledge and consent to the company's right to allocate the gratuities you offer among the riders and kitchen staff at its sole discretion and in a manner determined by Sizl, irrespective of the service platform through which the order was made.

19. Bonus points

We may reward users with bonus points, including Sizlverse Moji and Sizlverse Energy. Sizl reserves the right to grant or withdraw these points at any time, without prior notification or user consent.

20. Amendments

We may amend these Terms from time to time at any time. When we amend these Terms, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Services. You must visit this page each time you come to our website or apps and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Terms.