Terms of Service

Last Updated: February 14, 2026

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Picksy software service, including any associated websites, networks, applications, and other services provided by Picksy (collectively, the "Service"). These Terms constitute a legally binding agreement between you and Picksy ("we," "us," or "our"). By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Definitions

  • User: "User," "you," and "your" refer to the individual or entity accessing or using the Service.
  • Content: refers to any text, images, videos, audio, or other material that appears on or through the Service.
  • User Data: refers to any data, information, or material that you upload, input, or otherwise provide to the Service.
  • Intellectual Property Rights: means all patent rights, copyright rights, moral rights, rights of publicity, trademark rights, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights.

3. Acceptance of Terms

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using our Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use our Service.

4. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting a prominent notice on our Service or by sending you an email. Your continued use of our Service after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Service.

5. Eligibility

To use our Service, you must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater. By using our Service, you represent and warrant that you meet the eligibility requirements. If you are using the Service on behalf of an organization, you represent and warrant that the organization agrees to be bound by these Terms.

6. Service Description

The Picksy Service is a web application that allows users to create and share events where users can submit answers to a list of questions.

7. Service Availability and Support

We will make reasonable efforts to keep our Service operational 24 hours a day, 7 days a week. However, we do not guarantee continuous, uninterrupted access to our Service, and operation of our Service may be interfered with by numerous factors outside our control.

We reserve the right to suspend access to the Service, in whole or in part, for maintenance or upgrades or to address security concerns, with or without notice. We will use reasonable efforts to schedule planned downtime during off-peak hours.

8. User Accounts

You must create an account to access the Service. You are responsible for:

  • Providing accurate, current, and complete information
  • Maintaining the confidentiality of your password and account
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or if we believe your account may pose a risk to our Service or other users.

9. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

  • Use the Service for any illegal or unauthorized purpose
  • Violate any applicable laws or regulations
  • Infringe the rights of others, including intellectual property rights
  • Attempt to breach any security or authentication measures
  • Transmit any viruses, malware, or other harmful code
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Collect or harvest any information from the Service, including user accounts, user data, or content
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
  • Use automated scripts to collect information from or otherwise interact with the Service

10. User Data

You retain all ownership rights to your User Data. By uploading, inputting, or otherwise providing User Data to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, store, modify, display, and distribute your User Data solely as necessary to provide the Service to you and your authorized users.

We will not access your User Data except:

  • To provide the Service to you and your authorized users
  • To prevent or address technical or security issues
  • To respond to customer support requests
  • As required by law
  • As explicitly permitted in writing by you

You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your User Data. You represent and warrant that you have obtained all necessary rights, consents, and permissions to provide the User Data to us and to grant the rights granted herein.

11. Data Security and Privacy

Our Privacy Policy describes our practices regarding the information we collect from you. California residents have additional rights as set forth in our Privacy Policy.

12. Service Level Agreement

We will use commercially reasonable efforts to make the Service available with an uptime of at least 99.9%, excluding scheduled maintenance. If we fail to meet this commitment, you may be eligible for service credits as described in our Service Level Agreement, which is incorporated by reference into these Terms.

13. Intellectual Property

All content provided by Picksy, including but not limited to the Service, website, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Picksy or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The compilation of all content on the Service is the exclusive property of Picksy and is protected by international copyright laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Picksy.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes or personal use, as applicable, in accordance with these Terms. This license does not include the right to:

  • Modify or copy the Service or any content therein
  • Use the Service for any commercial purpose other than your organization's internal business purposes
  • Transfer, sell, rent, lease, sublicense, or distribute the Service to any third party
  • Reverse engineer, decompile, or disassemble the Service
  • Remove or alter any copyright, trademark, or other proprietary notices contained in the Service

14. Feedback

We welcome feedback, comments, and suggestions for improvement of the Service ("Feedback"). You grant us a perpetual, irrevocable, non-exclusive, royalty-free, transferable, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Feedback in all formats and distribution channels now known or hereafter devised, without any attribution or compensation to you.

15. Third-Party Integrations

The Service may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.

We do not endorse and are not responsible or liable for the behavior, features, or content of any third-party service or for any transaction you may enter into with the provider of such services.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Picksy DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

18. Indemnification

You agree to indemnify, defend, and hold harmless Picksy, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms, your User Data, or your use of the Service. Picksy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Picksy in asserting any available defenses.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Virginia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

20. Dispute Resolution

Any disputes arising from these Terms will be resolved through binding arbitration in accordance with the American Arbitration Association rules. The arbitration shall take place in Fairfax, Virginia. You agree to waive any right to a jury trial.

21. Entire Agreement

These Terms, including our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Picksy regarding your use of our Service and supersede any prior agreements between you and Picksy relating to your use of our Service.

22. Waiver and Severability

The failure of Picksy to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

23. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Picksy, but may be assigned by Picksy without restriction.

24. Termination

We reserve the right to suspend or terminate your access to our Service at our sole discretion, with or without notice, for conduct that we believe violates these Terms or is harmful to other users of our Service, us, or third parties, or for any other reason. Upon termination:

  • Your license to use the Service will immediately cease
  • You will lose access to any User Data stored in the Service
  • We may, but are not obligated to, delete your User Data after a certain period of time

If you wish to terminate your account, you may do so by following the instructions on the Service or by contacting us at support@picksyprops.com.

25. Survival

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.

26. Export Controls

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, and trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control. You warrant that you are not located in any country to which the United States has embargoed goods or has otherwise applied any sanctions.

27. U.S. Government Users

If you are a U.S. government user, the Service is provided as "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in FAR 12.212 and DFARS 227.7202.

28. Force Majeure

Picksy shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or disease.

29. No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights on any person or entity.

30. Contact Information

If you have any questions about these Terms, please contact us at support@picksyprops.com.

Regulatory Compliance

General Data Protection Regulation (GDPR) Compliance

The following provisions apply to users protected by European Union regulations:

Data Collection Under GDPR

In compliance with the General Data Protection Regulation (GDPR), we collect and process your personal data only when we have a lawful basis to do so. This includes processing based on your consent, to fulfill a contract with you, to comply with a legal obligation, to protect your vital interests, to perform a task in the public interest, or for our legitimate interests where those don't override your fundamental rights and freedoms.

We collect only the minimum data necessary for the purposes specified in this policy. When we request your consent to process your data, you have the right to withdraw that consent at any time.

Data Processing Under GDPR

We process personal data in accordance with the principles outlined in the GDPR:

  • Lawfulness, fairness, and transparency: We process data lawfully, fairly, and in a transparent manner.
  • Purpose limitation: We collect data for specified, explicit, and legitimate purposes and do not process it in a manner incompatible with those purposes.
  • Data minimization: We limit data collection to what is necessary for the purposes for which it is processed.
  • Accuracy: We take reasonable steps to ensure personal data is accurate and kept up to date.
  • Storage limitation: We keep data in a form that permits identification only as long as necessary for the purposes of processing.
  • Integrity and confidentiality: We process data in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

We maintain records of our data processing activities and conduct data protection impact assessments where required by law.

Your Rights Under GDPR

If you are located in the European Economic Area (EEA), you have the following rights with respect to your personal data:

  • Right to access: You can request a copy of the personal data we hold about you.
  • Right to rectification: You can request that we correct inaccurate or incomplete data about you.
  • Right to erasure: You can request that we delete your personal data in certain circumstances.
  • Right to restrict processing: You can request that we restrict the processing of your data in certain circumstances.
  • Right to data portability: You can request to receive your data in a structured, commonly used, and machine-readable format.
  • Right to object: You can object to our processing of your personal data in certain circumstances.
  • Rights related to automated decision-making: You can request human intervention in automated decisions that significantly affect you.

To exercise these rights, please contact us at support@picksyprops.com. We will respond to your request within 30 days.

International Data Transfers

If we transfer your personal data outside the European Economic Area (EEA), we will ensure that appropriate safeguards are in place to protect your data, such as:

  • Transferring to countries deemed by the European Commission to provide adequate protection
  • Using Standard Contractual Clauses approved by the European Commission
  • Adopting Binding Corporate Rules for transfers within our corporate group
  • Where applicable, relying on derogations for specific situations such as your explicit consent or the necessity to perform a contract with you

You have the right to obtain information about the safeguards we use to transfer your personal data outside the EEA by contacting us at support@picksyprops.com.

California Consumer Privacy Act (CCPA) Compliance

The following provisions apply to users protected by California, United States regulations:

Information Collection Notice for California Residents

Under the California Consumer Privacy Act (CCPA), we are required to inform California residents about the categories of personal information we collect and the purposes for which we use this information.

In the past 12 months, we have collected the following categories of personal information:

  • Identifiers (such as name, email address, IP address)
  • Commercial information (such as products purchased or considered)
  • Internet or other electronic network activity (such as browsing history)
  • Geolocation data
  • Inferences drawn from other personal information

We use this information for the business and commercial purposes described in our Privacy Policy.

California Privacy Rights

If you are a California resident, you have the following rights under the CCPA:

  • Right to know: You can request information about the personal information we have collected about you and how we have used and disclosed it.
  • Right to delete: You can request the deletion of your personal information, subject to certain exceptions.
  • Right to opt-out: You can opt out of the sale of your personal information, if applicable.
  • Right to non-discrimination: We will not discriminate against you for exercising any of your CCPA rights.

To exercise your rights, you can submit a verifiable consumer request by contacting us at support@picksyprops.com or through the methods described in our Privacy Policy. You may make a request up to twice within a 12-month period. We will respond to your request within 45 days, with a possible extension of up to 45 additional days when reasonably necessary.

California Do Not Sell My Personal Information

Under the CCPA, California residents have the right to opt-out of the sale of their personal information. Picksy does not sell personal information as defined by the CCPA.

Additional Terms

Data Processing Terms

Scope and Roles

These Data Processing Terms apply when we process personal data on your behalf in the course of providing our Services. For the purpose of these terms, you are the "Data Controller" and we are the "Data Processor" as those terms are defined in applicable data protection laws.

These terms supplement our Terms of Service and form a Data Processing Agreement ("DPA") between you and us. In case of any conflict between these Data Processing Terms and the rest of our Terms of Service, these Data Processing Terms shall prevail with respect to the processing of personal data.

Processing Obligations

We will:

  • Process personal data only on your documented instructions, including with regard to transfers of personal data to a third country or international organization
  • Ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality
  • Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk of processing
  • Assist you, taking into account the nature of processing, in responding to requests from data subjects
  • Assist you in ensuring compliance with security, breach notification, impact assessment, and consultation obligations under applicable data protection laws
  • At your choice, delete or return all personal data to you after the end of the provision of services relating to processing
  • Make available to you all information necessary to demonstrate compliance with these obligations and contribute to audits, including inspections, conducted by you or an auditor mandated by you

We will inform you of any intended changes concerning the addition or replacement of subprocessors at least 15 days in advance, giving you the opportunity to object to such changes. If you object to a new subprocessor, we will make reasonable efforts to resolve your objection or provide an alternative solution. If we cannot resolve the issue within 15 days, you may terminate the affected Services.

We will impose data protection terms on all subprocessors to provide at least the same level of data protection required by these Data Processing Terms.

Data Transfers

We will only transfer personal data to countries outside the European Economic Area (EEA) or other protected jurisdictions where appropriate safeguards are in place. These safeguards may include:

  • Adequacy decisions by relevant authorities
  • Standard contractual clauses approved by relevant authorities
  • Binding corporate rules
  • Other valid transfer mechanisms

Data Breach Notification

We will notify you without undue delay after becoming aware of a personal data breach affecting the personal data we process on your behalf. Our notification will include, to the extent possible:

  • The nature of the breach
  • The categories and approximate number of data subjects concerned
  • The categories and approximate number of personal data records concerned
  • The likely consequences of the breach
  • The measures taken or proposed to address the breach and mitigate possible adverse effects

Records of Processing

We will maintain records of our processing activities as required by applicable data protection laws. Upon your reasonable request, we will make these records available to you to demonstrate our compliance with these Data Processing Terms.

Accessibility

Commitment to Accessibility

We are committed to making our Services accessible to all users, including those with disabilities. We strive to conform to WCAG 2.1 Level AA standards (Web Content Accessibility Guidelines) and applicable laws regarding accessibility.

Accessibility Features

Our Services may include the following accessibility features:

  • Text alternatives for non-text content
  • Captions and other alternatives for multimedia
  • Content that can be presented in different ways without losing information
  • Functionality that is available from a keyboard
  • Sufficient time for users to read and use content
  • Content that does not cause seizures or physical reactions
  • Ways to help users navigate and find content
  • Text that is readable and understandable
  • Content that appears and operates in predictable ways
  • Input assistance to help users avoid and correct mistakes
  • Compatibility with current and future user tools

Third-Party Content

While we strive to ensure all content on our Services is accessible, we may not have control over all third-party content or applications that may be integrated into our Services. We cannot guarantee that such third-party content will meet all accessibility requirements.

Feedback and Assistance

If you experience any difficulty accessing any part of our Services, or if you require assistance or have suggestions for improving accessibility, please contact us at support@picksyprops.com. We welcome your feedback and are committed to continually improving the accessibility of our Services.

Intellectual Property Rights

Our Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Picksy and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Picksy.

Your License to Use Our Content

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes. This license does not include any resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

Third-Party Intellectual Property

The Service may display content that belongs to third parties. You may not use this third-party content without the permission of these third parties, and your use of third-party content may be subject to additional terms and conditions. We are not responsible for examining or evaluating the content or accuracy of any third-party content, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

Copyright Complaints

If you believe that any material available on or through the Service infringes upon your copyright, please notify us in accordance with our Copyright Policy, which is incorporated by reference into these Terms. We will respond to notices of alleged copyright infringement that comply with applicable law. We reserve the right to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that allegedly infringes any copyright.

DMCA Compliance

If you are a copyright owner or an agent thereof and believe that any content on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an e-mail address
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed