Terms of Service

Last updated: November 24, 2023

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Pickwick, LLC.

When we say “Services”, we mean our website pickwick.app and the features provided, whether delivered within a web browser, desktop application, mobile application, or another format.

We may update these Terms of Service ("Terms") in the future. Whenever we make a significant change to our policies, we will refresh the date at the top of this page.

When you use our Service, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

If you violate any of the Terms, it can result in a temporary ban or permanent termination of your account.

#Account Terms

  1. You must be at least 13 years old to sign up for a Pickwick account.
  2. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  3. You may not use the Service for any purpose outlined in the Restricted Uses policy below.
  4. You are responsible for all content posted to and activity that occurs under your account.
  5. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

#Restricted Uses

  • Violence, or threats thereof: If an activity qualifies as violent crime in the United States or where you live, it is not allowed.
  • CSAM: Uploading or distributing CSAM (Child Sex Abuse Material) also called Child Pornography is not allowed and will be removed and reported.
  • Hate speech: Advocating for violence, domination, or oppression of people is not allowed.
  • Harassment: Intimidating or targeting people or groups through repeated communication, including using racial slurs or dehumanizing language is not allowed.
  • Doxxing: Sharing other peoples’ private personal information for the purposes of harassment is not allowed.
  • Malware or spyware: Uploading or distributing anything that qualifies as malware or spyware is not allowed.
  • Phishing or otherwise attempting fraud: Lying about who you are or who you affiliate with to steal from, extort, or otherwise harm others is not allowed.
  • Spamming: Sending unsolicited and/or automated advertisements is not allowed.
  • Violating copyright: Making or disseminating content that uses the intellectual property of others beyond the bounds of fair use.

This is not an exhaustive list — it’s possible an offense could defy categorization or present for the first time. If that happens and adverse action is taken, this list will be updated.

There is a link on most pages to report content, but you can also report offending content by emailing [email protected] directly.

#Payment, Refunds, and Plan Changes

  1. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
  2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.

#Cancellation and Termination

  1. You are solely responsible for properly canceling your account. There is a self service option provided to delete your account. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can email [email protected].
  2. All of your content will be inaccessible from the Services immediately upon account cancellation.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
  4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

#Uptime and Security

  1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis.
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services.
  3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some cases where we may send your data through our network unencrypted.
  4. You agree that Pickwick may process your data as described in our Privacy Policy and for no other purpose.
  5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
  6. Under the California Consumer Privacy Act (“CCPA”), Pickwick is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms, and the Privacy policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use our Services in a way that violates the regulations.
  1. All content posted on the Services must comply with U.S. copyright law. To file a copyright infringement claim, please email [email protected].
  2. You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
  3. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  4. The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company with the exception of the Company’s logo, which may be used for the purpose of linking to the Service. We reserve the right to rescind any permissions if you violate these Terms.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.

#Liability

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

This document was adapted from the Basecamp open-source policies / CC BY 4.0