Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the Picki mobile application and website at picki.fun (together, the "Service"), operated by Picki Tech LLC ("Picki," "we," "us," or "our"). By creating an account or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

The Service is available on iOS through the Apple App Store and on Android through Google Play. These Terms govern your use of the Picki service. For iOS users, your license to install and use the app on Apple devices is separately governed by Apple's standard End User License Agreement (the "Apple EULA"), available at apple.com/legal/internet-services/itunes/dev/stdeula. By downloading Picki on an iOS device, you agree to the Apple EULA in addition to these Terms. If there is a conflict between these Terms and the Apple EULA with respect to your iOS license, the Apple EULA governs.

Our Privacy Policy, available at picki.fun/privacy, is incorporated into these Terms by reference.

2. Eligibility

You must be at least 13 years old to use Picki. By using the Service, you represent that you meet this requirement and, if you are under the age of majority in your jurisdiction, that a parent or guardian has reviewed and agreed to these Terms on your behalf.

Certain venue results may be subject to minimum-age requirements, including bars, breweries, wineries, or other age-restricted establishments. Picki does not verify your eligibility to enter a venue or purchase or consume regulated products. You are responsible for complying with all applicable laws and venue requirements.

3. User Conduct

You agree not to:

• Use the Service for any unlawful purpose, or in violation of any applicable local, state, national, or international law.
• Impersonate any person or entity, or misrepresent your identity, age, or affiliation.
• Harass, threaten, or abuse another user.
• Use another person's invite code or account without authorization.
• Attempt to access, scrape, or reverse-engineer the Service or its underlying data, including venue data sourced from third-party APIs.
• Upload or transmit any content that is unlawful, defamatory, obscene, or infringes on the rights of others.
• Interfere with or disrupt the Service, including introducing malware or attempting unauthorized access to our systems.

We reserve the right to investigate and take appropriate action, including suspension or termination of accounts, against anyone who violates this section.

4. User Content and Connections

Picki lets you create content within the Service, including your profile photo and display name, your wishlist of saved venues, and your connections with other users made via invite codes (collectively, "User Content"). You hereby represent that you have the necessary rights and permissions to use your profile photos, display names, and other User Content.

You retain ownership of your User Content, but you grant Picki a worldwide, non-exclusive, royalty-free license to host, store, display, and sublicense your User Content as necessary to operate and provide the Service (for example, showing your display name and photo to a friend you have connected with). Suggestions, ideas, and feedback may be used by Picki without restriction or compensation, but users should not submit confidential information through the bug-report feature.

You are solely responsible for your User Content and your interactions with other users. Picki does not verify the identity of users beyond the authentication method they choose.

5. Account Registration and Security

You are responsible for maintaining the security of your Picki account and any device you use to access the Service. You agree to provide accurate, current, and complete information when creating or maintaining your account and to keep that information reasonably up to date.

You may not share your login credentials with another person or permit another person to access the Service through your account. You are responsible for activity that occurs through your account to the extent permitted by applicable law. If you know or reasonably suspect that your account, login credentials, or device has been accessed or used without your authorization, you agree to notify Picki promptly at hello@picki.fun and to take reasonable steps to secure your account.

You may not create or use an account on behalf of a person whose account has been suspended or terminated, create multiple accounts to circumvent restrictions or enforcement measures, or otherwise attempt to evade a suspension, termination, or other limitation imposed under these Terms.

Picki may require you to take reasonable steps to verify account ownership or secure your account before restoring or continuing access to the Service.

6. In-Person Meetups and Assumption of Risk

Picki is designed to help you plan in-person hangouts with people you already know. Picki does not conduct background checks on users and cannot guarantee the identity, intentions, or conduct of any user, including people who join your sessions via an invite code.

You are solely responsible for your own safety and conduct when meeting anyone in person as a result of using the Service. We strongly encourage you to meet in public places, tell someone else your plans, and exercise the same judgment and caution you would use when meeting anyone in person for the first time or arranging plans generally.

To the fullest extent permitted by law, Picki disclaims all liability for any injury, loss, or damage arising from or related to an in-person meetup or interaction between users facilitated through or planned using the Service.

7. Third-Party Content and Services

Picki displays venue information, such as business names, addresses, hours, ratings, photos, and pricing, sourced from third-party providers. A match or other venue recommendation generated through the Service is provided solely as a planning suggestion. A match does not create a reservation, booking, appointment, or other arrangement with the venue, and Picki does not guarantee that a venue will be open, available, able to accommodate you, or willing to provide any particular product or service. Picki does not own, operate, or control any of the businesses shown as part of the Service. A venue's hours, availability, or existence may have changed since the data was last updated. Always confirm details directly with the venue before relying on them.

Picki does not verify or make representations regarding a venue's safety, accessibility, cleanliness, allergens, dietary suitability, licenses or permits, prices, hours, availability, admission requirements, age restrictions, or compliance with applicable laws or regulations. You are responsible for confirming any information that is important to you directly with the venue before visiting or making plans.

The Service also links out to or integrates with third-party services including Google Maps, Google Calendar, and, on iOS, Apple Maps and Apple Calendar, so you can get directions or add a plan to your calendar. Your use of those third-party services is governed by those third-party services' own terms and privacy policies.

8. Location Services

You may select a planning location by entering an address or, with your permission, using your device's current location. A location selected for a shared planning session may be stored with that session and shared with its participants. Do not select a private or sensitive location unless you intend for the other participants to receive it. You may grant or revoke Picki's access to your device's location at any time through your device settings; if revoked, some features may not function. See our Privacy Policy for more detail on how location data is used.

9. Push Notifications

With your permission, Picki sends push notifications for events such as session reminders and matches. You can disable push notifications at any time in your device settings.

10. Intellectual Property and License

The Service, including the Picki application, software, design, graphics, logos, text, features, functionality, and other content provided by Picki, is owned by or licensed to Picki Tech LLC and is protected by applicable intellectual property laws.

Subject to your compliance with these Terms, Picki Tech LLC grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to download, install, access, and use the Picki application and Service solely for your personal, noncommercial use and in accordance with these Terms and any applicable app-store usage rules.

Except as expressly permitted by these Terms or applicable law, you may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, attempt to derive the source code of, or create derivative works from any portion of the Service, or use the Service or any of its content for commercial purposes without our prior written consent.

All rights not expressly granted to you are reserved by Picki Tech LLC and its licensors.

11. Termination

You may stop using the Service and delete your account at any time directly within the app. We may suspend or terminate your access to the Service, with or without notice, if we believe you have violated these Terms, engaged in conduct harmful to other users or to Picki, or for any other reason at our discretion. Upon termination, Sections 11 through 15 of these Terms will survive. Upon termination initiated by Picki, we will handle your data in accordance with our Privacy Policy.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT VENUE DATA DISPLAYED IN THE APP WILL BE ACCURATE OR CURRENT.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PICKI TECH LLC AND ITS OWNERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING ANY IN-PERSON MEETUP OR INTERACTION WITH ANOTHER USER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO PICKI FOR THE SERVICES THAT GAVE RISE TO THE LIABILITY DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR $10 USD, WHICHEVER IS GREATER; EXCEPT THAT NOTHING IN THIS SECTION 13 WILL LIMIT (A) YOUR OBLIGATION TO PAY PICKI FOR YOUR USE OF THE SERVICE, OR ANY OTHER PAYMENT OBLIGATIONS UNDER THESE TERMS, OR (B) ANY PARTY'S LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.

14. Indemnification

You agree to indemnify and hold harmless Picki Tech LLC from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your unlawful or intentional misconduct, your use and/or submission of infringing User Content, your misuse of the Service or another person's account, or your interactions with other users, including any in-person meetup.

15. Governing Law

The laws of the State of Virginia, without reference to conflict of law rules, govern these Terms and any dispute of any sort that might arise between you and Picki. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

16. Changes to the Service or These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. Material changes will be communicated through the app or by email where practical. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

We may modify, suspend, or discontinue any feature of the Service at any time without notice or liability.

17. App Store – Additional Terms (iOS)

The following acknowledgments apply to your use of Picki on iOS and reflect Apple's requirements for apps distributed through the App Store. Apple is not a party to these Terms.

Maintenance and support

Picki Tech LLC is solely responsible for providing any maintenance and support for the Service. Apple has no obligation to provide maintenance or support for Picki.

Warranties

Picki Tech LLC, not Apple, is responsible for any product warranties, whether express or implied. If Picki fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the app (if any). Apple has no other warranty obligation with respect to Picki.

Product claims

Picki Tech LLC, not Apple, is responsible for addressing any claims you or a third party may have relating to Picki, including product liability claims, consumer protection claims, and claims that Picki fails to conform to any applicable legal or regulatory requirement.

Intellectual property claims

If a third party claims that Picki or your use of it infringes their intellectual property rights, Picki Tech LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

Export compliance

You represent that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-party terms

You must comply with applicable third-party terms of service when using Picki — for example, your mobile carrier's terms if you use Picki over a cellular connection.

Third-party beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

Developer contact

Questions or complaints about Picki should be directed to Picki Tech LLC by contacting us via methods outlined in Section 18 of these Terms.

18. Contact Us

If you have questions about these Terms, contact us at:

Picki Tech LLC
Email: hello@picki.fun
Website: picki.fun