These Terms of Service (“Terms of Service”) constitute a legally binding agreement between you and PickApp Technologies, Inc. and its subsidiaries, representatives, affiliates, officers and directors (collectively, “PickApp”) governing your use of PickApp’s personalized, multipurpose, digital marketplace platform (“PickApp Marketplace Platform”) and any related content or services, including mobile and/or web-based applications (“Applications” or the “PickApp App,” and together with the PickApp Marketplace Platform, the “Services”).
In addition to these Terms of Service, your access to, and use of the Services is also governed by the applicable terms found on our website, including without limitation, the Privacy Notice, which describes how we collect, use and disclose your personal information; the Generated Content Terms; Community Guidelines; Referral Policies; and PickApp’s other applicable PickApp standards and policies (including, without limitation, PickApp’s safety standards, the accessibility policies and U.S. Service Animal Policy), as well as the ADT Mobile Security Monitoring Terms, which we refer to collectively as the “Supplemental Terms.”
Collectively, we refer to these Terms of Service and the Supplemental Terms as the “Terms.” These Terms govern your access or use, from within the United States and its territories and possessions, of the Services made available in the United States and its territories and possessions (the “Territory”). If you use the Services in another country, you agree to be subject to PickApp’s terms of service for that country. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND PickApp. In these Terms, the words “including” and "include” mean “including, but not limited to.”
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services. These Terms expressly govern the use of the Services in the Territory.
PickApp, in its sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against PickApp on an individual basis in arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. You and PickApp are each waiving your right to a trial by jury. This Arbitration Agreement will preclude you from bringing any class, collective, coordinated, consolidated, mass and/or representative action against PickApp, and also preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass and/or representative action brought against PickApp by someone else—except as provided below in Section 2(a)(3)(c). Thus, the parties agree that the Arbitrator shall not conduct any form of class, collective, coordinated, consolidated, mass and/or representative arbitration, nor join, coordinate, or consolidate claims of multiple individuals against PickApp in a single proceeding—except as provided below in Section 2(a)(3)(c). For the avoidance of doubt, except as provided below in Section 2(a)(3)(c), this Arbitration Agreement precludes you from bringing or participating in any kind of class, collective, coordinated, consolidated, mass and/or representative or other kind of group, multi-plaintiff or joint action against PickApp, other than participating in a classwide, collective, coordinated, consolidated, mass and/or representative settlement of claims.
The Services enable you and other consumers to find, request, or receive (i) Third-Party Services from third party service providers, including without limitation, merchants, retailers, grocers, restaurants, independent drivers and delivery persons, and autonomous vehicles or autonomous vehicle fleet providers (“Third-Party Providers”); (ii) related personalized content, including features, recommendations and advertisements for products or services tailored to your needs and interests; and (iii) certain supporting services, including providing you the ability to express certain preferences about the Third-Party Services or Third-Party Service Providers, payment processing and customer support. Unless otherwise agreed by PickApp in a separate written agreement with you, these Services are made available solely for your personal, noncommercial use.
User Accounts. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration may require you to submit to PickApp certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method that you are authorized to use and is supported by PickApp. For more information regarding PickApp’s use of your personal information, please see our Privacy Notice. You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid phone number, address and payment method. Except as described below, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Unless otherwise permitted by PickApp in writing, you may only possess one Account and you may not assign or otherwise transfer your Account to any other person or entity. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account credentials at all times.