Legal
Terms of Service
These Terms of Service (Terms
) constitute a legally binding agreement between you (Customer
, you
) and PickSafely, Inc. (PickSafely
, we
, our
, or us
) and govern your access to and use of the PickSafely platform, mobile or web applications, and related services (collectively, the Service
). By creating an account, clicking an acceptance button, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Effective date: June 15 2025 • Last updated: July 27 2025
1. Acceptance of Terms
You must be at least 18 years old and have the legal capacity to enter into contracts in your jurisdiction to use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes both you and the organization. If you do not agree to these Terms, you must not access or use the Service.
2. Modifications
We may revise these Terms from time to time. Material changes will be communicated via in‑app notice or email at least 30 days before they take effect. Your continued use of the Service after the effective date of any change constitutes acceptance of the revised Terms. If you object to changes, your sole remedy is to stop using the Service and cancel your subscription before the new Terms take effect.
3. Your Account
Registration Data. You agree to provide accurate, current, and complete information during signup and to keep that information updated.
Credentials & Security. You are responsible for safeguarding your password and for all activities that occur under your credentials. You must notify us immediately of any unauthorized use or suspected breach.
Team Seats. Subscription plans include a fixed number of team members. You will ensure that each seat is used by a single named individual and will promptly remove departed users.
4. The Service
PickSafely provides tooling to run giveaways in which participant identifiers (e‑mail addresses or other user‑supplied strings) are hashed client‑side with a salted SHA‑256 algorithm, stored in Google Firestore, and deterministically processed server‑side to select winners. The Service also publishes a public verification page that displays anonymized (hashed) entrant data, draw timestamps, cryptographic proof, prize details, and winner(s). While this process promotes transparency, PickSafely is not the sponsor, administrator, or guarantor of your giveaway; you alone are legally responsible for compliance with all advertising, consumer‑protection, privacy, gambling, and sweepstakes laws in every jurisdiction where participants reside.
5. Subscriptions & Payment
Plans. We currently offer a Pro plan (USD $59 per month, up to 20 giveaways/month & 20 000 participants per giveaway) and a Starter plan (USD $29 per month, up to 5 giveaways/month & 5 000 participants). Plan limits are enforced programmatically.
Billing Cycle. Fees are charged in advance on a recurring monthly basis. Unless you cancel before the end of the current period, your subscription renews automatically.
Payment Processor. All payments are handled by Stripe, Inc. (Stripe Terms). We do not store full card numbers or banking details.
No Refunds. Except as required by law, all charges are non‑refundable and non‑proratable; partial months of service will not be credited.
Chargebacks. Initiating a chargeback without contacting support first may result in immediate suspension and a recovery fee equal to the disputed amount plus any fines we incur.
6. Acceptable Use
You will use the Service only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you agree not to:
conduct or promote illegal, deceptive, or unfair promotions, including those that violate sweepstakes, lottery, or gambling regulations;
upload or transmit personally identifiable information without obtaining explicit, informed consent from each participant;
attempt to interfere with or compromise the integrity or security of the Service, underlying cryptographic algorithms, or data of other customers;
reverse‑engineer or de‑obfuscate the software, or use automated means (scripts, bots) to extract or scrape data beyond what is intentionally exposed on public verification pages.
7. Data Rights & Privacy
You retain all rights in raw participant data that you upload or generate via the Service. We process this data solely to provide and improve the Service, in accordance with our Privacy Policy. We employ encryption in transit and at rest and apply industry‑ standard access controls. You represent that you have obtained all permissions and lawful bases required to process participant data and to disclose hashed representations publicly for verification purposes.
8. Intellectual Property
The Service, including all software, code, text, graphics, logos, and trademarks, is owned by PickSafely and protected under U.S. and international intellectual‑property laws. Subject to your compliance, we grant you a limited, non‑exclusive, revocable, non‑transferable license to access and use the Service. We reserve all rights not expressly granted.
9. Disclaimers
THE SERVICE IS PROVIDED AS IS
AND AS AVAILABLE
WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR‑FREE, OR SECURE, OR THAT THE PUBLIC VERIFICATION PAGE OR CRYPTOGRAPHIC PROOFS WILL BE ACCEPTED BY REGULATORS, SOCIAL‑MEDIA PLATFORMS, OR THIRD‑PARTY AUDITORS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PICKSAFELY OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTly, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO CASE SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
You agree to defend, indemnify, and hold harmless PickSafely, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (a) your violation of these Terms; (b) your giveaways or promotions (including prize fulfillment and statutory compliance); or (c) your misuse of the Service.
12. Termination
We may suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or pose a risk to the integrity of the Service. Upon termination, your right to use the Service ceases immediately, but Sections 8–15 will survive.
13. Governing Law & Dispute Resolution
These Terms and any dispute arising out of them are governed by and construed in accordance with the laws of the State of Georgia, U.S.A., without regard to conflict‑of‑law principles. The parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia.
14. Miscellaneous
Entire Agreement. These Terms constitute the complete agreement between you and PickSafely, superseding any prior agreements.
Severability. If any provision is found unenforceable, the remaining provisions will remain in full force and effect.
Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms at our discretion.
No Waiver. Failure to enforce any provision will not constitute a waiver of future enforcement of that or any other provision.
Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, strikes, or internet outages.
15. Contact Information
PickSafely, Inc. – Legal Department
Email: support@picksafely.com