Terms of Service

Welcome to Pickies (“App,” “Service,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website, mobile application, and related services (collectively, the “Service”). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

• You must be at least 18 years old, or the age of majority in your jurisdiction (whichever is higher), to use the Service.
• By using the Service, you confirm you meet this requirement.

2. Entertainment-Only Purpose

• The Service is provided for entertainment purposes only.
• No gambling, betting, wagering, or real-money transactions occur on or through the Service.
• Pickies is not a sportsbook, casino, gambling operator, fantasy sports operator, payment processor, escrow, trustee, debt collector, money transmitter, or prize distributor.
• Features that let users set dues, track bonus records, record external payments, or calculate external distributions are record-keeping tools only.
• Pickies does not collect, hold, transfer, enforce, or distribute money exchanged among users.
• Any financial arrangement between users is handled outside the Service. You are solely responsible for whether any outside arrangement is legal where you live or participate.
• Odds, lines, and spreads shown in the Service are informational sports data and scoring context only. They are not invitations, offers, or recommendations to bet.

3. Season License & Payment

• Pools up to the free member limit shown in the Service may be used free of charge. Beyond that, some features require a paid season license purchased by the pool’s commissioner/admin. Members are never charged.
• Licenses include a member capacity. When a pool reaches its capacity — whether the free limit or a purchased one — existing members are unaffected, but additional people cannot join until the commissioner purchases additional capacity.
• Pick’em pools additionally include one free scored week per season at any pool size. Survivor pools do not include a free week.
• The license fee is a software and hosting service fee paid to Pickies for use of the Service. It is not an entry fee, buy-in, stake, wager, or contribution to any prize, and it is unrelated to any dues, payments, or distributions that users track among themselves.
• A license covers one pool for one league season. It is non-transferable and does not automatically renew; running a pool for a new season requires a new purchase.
• Pricing is shown at checkout and may change for future seasons. Any applicable taxes are shown at checkout.
• Purchases are completed on our website and processed by our third-party payment processor; the mobile app may link you there. We do not store full payment card details.
• If a pool’s license is not purchased or lapses, the pool may become read-only: existing data and history remain viewable, and chat remains available, but new weeks cannot be activated until a license is purchased.
• Promotional or complimentary access may be granted at our discretion, is limited to a single season, has no cash value, and may be modified or revoked.

4. Refunds & Cancellations

• The Service can be used free of charge up to the member limit shown in the Service, and pick’em pools include a free first week at any size — so you can try it before paying.
• If you are not satisfied, contact us within fourteen (14) days of purchase — and before the season is substantially underway — and we will refund the license fee to the original payment method.
• Once a season is substantially underway (for example, after several weeks have been activated), license fees are non-refundable except where required by law.
• Complimentary or promotional licenses have no cash value and are not refundable.
• We may decline refund requests that appear repeated or abusive.

5. Community & Chat

• Chat and community features are intended for respectful discussion within your pools.
• Do not share sensitive personal information. Chat is not end‑to‑end encrypted.
• Do not post payment links, collect money, or use chat to organize unlawful gambling.
• We may moderate, remove, or restrict content that violates these Terms, law, or our policies.
• Pool admins may see and manage messages in their pools.

6. User Accounts

• You may need an account to access certain features.
• You must provide accurate information (including a name, username, and phone number) and keep your credentials secure.
• You are responsible for all activity under your account.
• You can sign in with email and password or with Sign in with Apple. If you use a third‑party sign‑in option, that provider (e.g., Apple) shares limited profile information (such as name and email, which may be a private relay address) with us under its own privacy policy.

7. User Content (Avatars and Uploads)

• You may upload avatars or other content where allowed.
• You represent and warrant that your content:
  • Complies with applicable laws and does not infringe others’ rights.
  • Does not contain illegal, obscene, defamatory, threatening, or infringing material.
• We may remove or disable content at our sole discretion.
• You grant us a limited, non-exclusive, worldwide, royalty-free license to host and display your content solely to operate the Service.

8. Acceptable Use

• Do not use the Service for unlawful activity, gambling operations, wagering, payment collection, or money transmission.
• Do not harass, threaten, or abuse others.
• Do not deploy malware, automated abuse, or spam.
• Do not copy, modify, reverse engineer, or distribute our IP without permission.

9. Notifications (Email & Push)

• We send transactional emails (e.g., login links, password resets, security alerts).
• We may send optional emails and, if you enable them, browser/device push notifications for things like missed‑pick alerts, kickoff reminders, weekly winner announcements, chat mentions, night‑before reminders, and (for admins) pool‑readiness alerts. You can opt out of each of these independently in your profile settings, or disable push notifications entirely through your browser or device settings.
• Essential account and security communications are required and cannot be turned off.

10. Termination

• We may suspend or terminate your access at any time, with or without notice, if you violate these Terms or as we deem appropriate.
• Upon termination you must stop using the Service. Sections on IP, Disclaimers, Limitation of Liability, and Indemnification survive.

11. Intellectual Property

• The Service, including design, branding, and code, is owned by Pickies and protected by law.
• You may not use our trademarks or branding without written consent.

12. Disclaimers

• The Service is provided on an “as is” and “as available” basis without warranties of any kind.
• We do not guarantee the accuracy, completeness, or timeliness of scores, results, standings, lines, spreads, or record-keeping data.
• We disclaim liability for losses, damages, or disputes arising from use of the Service, including disputes over dues, external payment records, external distribution records, or other user-managed arrangements.

13. Limitation of Liability

• To the fullest extent permitted by law, we are not liable for indirect, incidental, special, or consequential damages.
• Subject to applicable law, our aggregate liability for claims relating to the Service will not exceed the greater of (a) the amounts you paid us for the Service during the twelve (12) months preceding the event giving rise to the claim, or (b) $100 USD.

14. Indemnification

You agree to indemnify, defend, and hold harmless Pickies and its owners, affiliates, and employees from claims, liabilities, damages, losses, and expenses (including legal fees) arising from: (a) your use of the Service; (b) your content; (c) your violation of these Terms or law; and (d) disputes or financial arrangements between you and other users.

15. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. Exclusive venue for any dispute lies in the state or federal courts located in Florida, and you consent to the personal jurisdiction of those courts.

16. Changes

We may update these Terms at any time. Continued use after updates constitutes acceptance.

17. Miscellaneous

• Severability: If a provision is unenforceable, the remainder remains in effect.
• Entire Agreement: These Terms are the complete agreement between you and us.
• No Waiver: Failure to enforce a provision is not a waiver.

18. Data Retention

• We retain account and usage information for as long as needed to provide the Service.
• Chat and community content may be retained for pool history, moderation, safety, and audit.
• Push notification subscriptions are removed automatically once they become invalid, or when you disable push notifications.
• Certain information may be retained to comply with law, resolve disputes, and enforce terms.

19. Service Providers

We use third‑party service providers (e.g., hosting/CDN, authentication and databases, storage, realtime messaging, push notification delivery, email delivery, payment processing, GIF/sticker search, and sign‑in providers such as Apple) to operate the Service. These vendors act under contracts and confidentiality obligations. See our Privacy Policy for more information about processing.

20. Third‑Party Services

The Service may include links to or integrations with third‑party services. We are not responsible for third‑party content, policies, or practices. Your use of third‑party services is governed by their terms and privacy policies.

21. Feedback

If you provide ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use and exploit the feedback for any purpose without obligation or attribution.

22. Force Majeure

We will not be liable for delays or failures caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, internet or telecommunications failures, or power outages.

23. Export Compliance

You must comply with all applicable export control and sanctions laws. You represent that you are not located in, or a resident of, any embargoed or restricted jurisdiction and are not a prohibited party.

24. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

25. Electronic Communications & Notices

By using the Service, you consent to receive communications electronically. We may provide notices by email, in‑app messages, or by posting on the Service. Notices are effective when sent or posted.

26. No Class Actions

To the extent permitted by law, you and Pickies agree that each may bring claims only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

27. Limitation Period

Any claim arising out of or relating to the Service must be filed within one (1) year after the cause of action accrues, unless a longer period is required by law, otherwise such claim is permanently barred.

28. Contact

Email: thepickiesapp@gmail.com