Terms & Conditions
Terms of Use
Last Updated: October 8, 2025
1) Agreement to Terms
These Terms of Use (“Terms”) are a binding agreement between you (“you”) and PICKL Inc (“PICKL,” “we,” “us,” or “our”) governing your access to and use of www.thepickl.com
(the “Site”), our mobile applications, and any related media, features, products, services, or content (collectively, the “Services”).
By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
We may update these Terms from time to time. When we do, we will revise the “Last Updated” date above. Your continued use of the Services means you accept the updated Terms.
The Services are intended for users 13 years of age or older. If you are under 18, you must have consent and supervision of a parent or legal guardian.
2) Intellectual Property
Unless otherwise stated, the Services (including all software, code, databases, functionality, designs, text, graphics, photos, video, audio, and trademarks/service marks/logos, collectively, the “Content”) are owned by or licensed to PICKL and protected by U.S. and international laws.
We grant you a limited, revocable, non-transferable license to access and use the Services and to download/print portions of Content solely for your personal, non-commercial use. No other rights are granted. You may not copy, modify, distribute, publicly display, create derivative works, or otherwise exploit the Services or Content without our prior written permission.
3) Your Representations
You represent and warrant that:
(a) your registration info is accurate and you will keep it current;
(b) you have legal capacity to agree to these Terms;
(c) you are 13+ and, if a minor in your jurisdiction, you have parental permission;
(d) you will not use automated/non-human means to access the Services;
(e) you will not use the Services for any unlawful purpose; and
(f) your use will comply with all applicable laws.
We may suspend or terminate your account for any inaccurate information or violation of these Terms.
4) Accounts & Security
You may be required to create an account. You are responsible for safeguarding your credentials and all activity under your account. We may reclaim, remove, or change a username that is inappropriate, infringing, or otherwise objectionable.
5) Fees & Payment
Some Services may require payment. You agree to provide current, complete, and accurate billing information and authorize us (and our payment processors) to charge your payment method for all purchases, taxes, and applicable fees in U.S. dollars. Prices may change at any time. We may correct pricing errors even after payment is requested or received.
6) Cancellations
You can cancel a subscription at any time; cancellation takes effect at the end of the then-current paid term. To cancel or for billing issues, contact happy@thepickl.com
. Unless required by law or a specific offer, fees are non-refundable.
7) Software & App License
If we provide software or a mobile app, and no separate EULA applies, we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the app solely for your personal, lawful use and only as permitted by these Terms. You may not reverse engineer, decompile, disassemble, or create derivative works of the app, circumvent security, or use it for any competitive or commercial purpose outside the Services.
Apple/Google App Stores. When you obtain our app via the Apple App Store or Google Play (each, an “App Distributor”):
Your license is limited to a device you own or control and subject to the App Distributor’s terms.
The App Distributor has no obligation to provide maintenance or support.
To the maximum extent allowed by law, the App Distributor disclaims all warranties and is not responsible for other claims, losses, or liabilities related to the app.
You represent you are not in a U.S.-embargoed country and not on any U.S. government prohibited list.
The App Distributors are third-party beneficiaries of this section and may enforce it.
8) Social Logins & Third-Party Accounts
If you connect a third-party account (e.g., Apple/Google), you authorize us to receive limited information from that provider per your settings to authenticate and link your account. Your relationship with each provider is governed by their terms and privacy policies.
9) Prohibited Activities
You agree not to, among other things:
scrape, harvest, or systematically retrieve data without written consent;
create accounts by automated means or under false pretenses;
circumvent or interfere with security features;
use robots, spiders, or similar tools except standard search engine/browser usage;
reverse engineer or copy any software;
upload malicious code or disruptive content;
infringe intellectual property or privacy rights;
harass, threaten, defraud, or harm other users;
use the Services for any unlawful, competitive, or unauthorized commercial purpose.
We may monitor, restrict, or remove content and manage the Services to protect our rights and ensure proper operation.
10) Submissions & Feedback
If you send ideas, suggestions, or feedback (“Submissions”), you agree they are non-confidential and become our sole property. We may use them for any purpose without compensation to you.
11) U.S. Government Rights
Our Services are “commercial items” as defined in FAR 2.101 and are provided with only those rights set forth in these Terms.
12) Privacy
Your use of the Services is subject to our Privacy Policy and Cookie Notice, which are incorporated by reference. By using the Services, you consent to transfers and processing in the United States and elsewhere as described there.
13) Modifications; Availability
We may change or discontinue the Services (or any feature) at any time without notice. We do not guarantee uninterrupted availability and are not liable for downtime, delays, or errors.
14) Governing Law; Venue
These Terms and your use of the Services are governed by the laws of the State of California, without regard to conflict-of-law rules. Subject to the Dispute Resolution section below, exclusive venue lies in the state and federal courts located in Los Angeles County, California, and you consent to personal jurisdiction there.
15) Dispute Resolution
Informal Resolution. Before filing a claim, the parties will try in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (“Dispute”) by negotiation for 60 days after written notice.
Arbitration. If not resolved, Disputes will be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under the Commercial Arbitration Rules and, if applicable, the Consumer Arbitration Rules. The arbitration will occur in Los Angeles County, California (or by video/telephone if mutually agreed). The arbitrator must apply California law and issue a written decision. Judgment on the award may be entered in any court with jurisdiction.
Class/Representative Actions Waiver. Disputes will be arbitrated only on an individual basis—no class, collective, or representative actions or proceedings.
Exceptions. Either party may seek injunctive or other equitable relief in court for intellectual-property rights, confidentiality, data security, or unauthorized use.
Time Limit. Any Dispute must be filed within three (3) years of when it arose.
16) Disclaimers
THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
17) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PICKL OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF $500 USD OR THE AMOUNT YOU PAID TO PICKL IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations; in such cases, the above limits apply to the fullest extent permitted.
18) Indemnification
You agree to defend, indemnify, and hold harmless PICKL and its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your (a) use of the Services, (b) violation of these Terms, (c) infringement or violation of any third-party rights, or (d) misuse or unlawful conduct.
19) User Data
We may maintain data you transmit for the purpose of operating the Services. You are responsible for backing up your data. We have no liability for loss or corruption of data.
20) Electronic Communications & Signatures
By using the Services, you consent to receive electronic communications and agree that electronic signatures, contracts, notices, and records satisfy legal writing requirements.
21) California Notice
If you are a California user and a complaint with us is not resolved, you may contact the California Department of Consumer Affairs, Consumer Information Center, 1625 North Market Blvd., Suite N112, Sacramento, CA 95834.
22) Miscellaneous
These Terms (plus policies referenced herein) constitute the entire agreement between you and PICKL. If any provision is found unenforceable, the remainder remains in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them. No agency, partnership, or joint venture is created by these Terms.
23) Contact
Questions about these Terms? Contact us:
PICKL Inc
Attn: Legal
65 Pine Ave, Suite 117
Long Beach, CA 90802
United States
Email: happy@thepickl.com
