Terms of Service · PickNBook

These Terms of Use (these “Terms”) set forth the terms and conditions under which individuals residing in the United States may use the PickNBook App and the Services (as defined below). Please read these Terms before using the App or the Services. By using the App or the Services, or by clicking “I accept” or similar legend at the signup page, you hereby represent, warrant, understand and agree to these Terms in their entirety regardless of whether or not you register as a user of the App or Services. If you do not agree with these Terms, you may not use the App and the Services.

IMPORTANT: PLEASE REVIEW THE MUTUAL ARBITRATION AGREEMENT SET FORTH IN SECTION 7 CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH PICKNBOOK ON AN INDIVIDUAL BASIS (WAIVING YOUR RIGHT TO A CLASS ACTION) THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE MUTUAL ARBITRATION AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. THESE TERMS ALSO CONTAIN RELEASES, LIMITATIONS ON LIABILITY, AND PROVISIONS ON INDEMNITY AND ASSUMPTION OF RISK, ALL OF WHICH MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES. PLEASE REVIEW THEM CAREFULLY.

Definitions

“App” means the PickNBook mobile application, including all related features, functionality, content, and tools made available through the application, as updated or modified from time to time by PickNBook.
“Content” means any information, data, text, messages, images, videos, reviews, profiles, or other materials that a user uploads, submits, posts, transmits, or otherwise makes available through the App or the Services. “Content” also includes Reviews, as defined under these Terms.
“Parent” means any individual who registers or uses the App to search for, book, or manage childcare services for a child in their care, including but not limited to biological parents, legal guardians, and other authorized caretakers of children.
“PickNBook” means PickNBook LLC, a limited liability company registered in Delaware, with an office at 8 The Green STE A Dover, DE 11901 (“PickNBook”).
“Provider” means any licensed daycare center or facility, or childcare professional that registers or uses the App to offer, advertise, manage, or fulfill childcare services to Parents.
“Services” means all services provided by PickNBook through the App, including but not limited to: (i) the online platform connecting Parents with Providers; (ii) booking and scheduling functionality; (iii) in-App messaging between Parents and Providers; (iv) payment processing facilitated through our third-party payment processor, Stripe, Inc.; (v) push notifications and email alerts related to bookings, scheduling, and account activity; and (vi) any other features, tools, or services made available through the App from time to time.
“You” means any individual who accesses or uses the App or the Services, whether as a Parent seeking childcare services or as a Provider offering services through the App, regardless of whether such individual has completed the registration process.

1. Services

1.1 About Our Services

PickNBook offers various Services to help its users find, coordinate, and manage quality childcare. The Services we offer include, among others:

A platform for Parents to search for, browse, and communicate with Providers, and for Providers to create profiles on the App, manage their availability, and connect with Parents seeking care.
We provide booking and scheduling functionality that allows Parents to request, confirm, and manage childcare appointments directly through the App, and allows Providers to accept, decline, or manage such requests.
We provide in-App messaging functionality that allows Parents and Providers to communicate directly regarding the care services being sought or offered.
We provide notification services, including push notifications and email alerts, to keep Parents and Providers informed of booking confirmations, scheduling updates, reminders, and other account activity.

1.2 Limitations on the Services

PickNBook is a technology platform only. PickNBook is not a childcare agency, staffing agency, or referral service, and does not employ, supervise, direct, or control any Provider or the care services they offer. PickNBook does not:

Recommend, endorse, or guarantee any particular Provider, nor does PickNBook make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Providers or the integrity, responsibility or actions of Parents of Providers whether in public, private or offline interactions. Any screening of a Parent or Provider and his, her or its information by PickNBook is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or care provider;
Supervise, direct, or have any control over the manner in which any Provider performs care services. All Providers are independent third parties;
Provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license, and nothing on the Platform should be construed as such;
We are not an employment agency and do not act as an employer or co-employer of any Provider;
Control any Content or other information, communications, reviews, and content provided by users (including through messaging features). These are the sole responsibility of the users who provide them. We do not control or verify such content and disclaim all liability arising from it.

The relationship between a Parent and a Provider is solely between those parties. PickNBook is not a party to any agreement between a Parent and a Provider for the provision of care services, and any such agreement is entered into at the sole risk of the Parent and the Provider. Furthermore, PickNBook does not monitor or control in-App communications between users and is not responsible for any information exchanged between users. In particular, PickNBook does not monitor or control the exchange of information about children between users and is not responsible for the accuracy, completeness, or use of such information.

1.3 Prohibited Uses

By accessing or using the App or the Services, you expressly agree that you will not, under any circumstances, do any of the following:

Engage in any conduct that harasses, intimidates, bullies, threatens, or causes harm to any other user of the App, including Parents, Providers, or PickNBook personnel, or attempt to do any of the foregoing;
Access, use, or attempt to access or use another user’s PickNBook account, profile, or credentials without their express authorization, or impersonate any person or entity, including any Parent, Provider, or PickNBook employee or representative;
Use the App or the Services for any purpose that is unlawful, fraudulent, deceptive, or unauthorized, including but not limited to using the App for any purpose unrelated to the facilitation of childcare services between Parents and Providers, or for any purpose not expressly contemplated by these Terms;
Access or use the App, the Services, or any information obtained through the App in a manner that is harmful, threatening, intimidating, harassing, abusive, defamatory, obscene, vulgar, or otherwise objectionable, including conduct that is discriminatory on the basis of race, gender, religion, national origin, disability, sexual orientation, or any other characteristic protected by applicable law;
Use any automated tool, software, script, bot, spider, crawler, scraper, or other technology to access, monitor, copy, or extract any data, content, or information from the App or the Services without PickNBook’s prior written consent, or bypass or circumvent any security measure, robot exclusion header, or access restriction implemented by PickNBook;
Submit, post, or transmit any false, inaccurate, incomplete, or misleading information at any point during the registration process, while using the Services, or while communicating with other users through the App, including but not limited to misrepresenting your identity, credentials, licensing status, or qualifications as a Provider;
Attempt to create a new account or re-register on the App if PickNBook has previously terminated your account for any reason, or terminate and re-register your account for the purpose of avoiding any review, rating, or other content associated with your prior account;
Interfere with, disrupt, or attempt to interfere with or disrupt the proper operation and functionality of the App or the Services, including by introducing any virus, malware, worm, Trojan horse, or other harmful or disruptive code, or by taking any action that places an unreasonable or disproportionate load on PickNBook’s servers, systems, or network infrastructure;
Solicit, arrange, or facilitate any childcare booking, payment, or transaction with a Parent or Provider that you initially connected with through the App outside of the App’s booking and payment functionality, for the purpose of circumventing PickNBook’s fees, payment processing, or these Terms;
Use the App’s messaging functionality, communication tools, or user contact information obtained through the App to solicit, advertise, or promote any product, service, or commercial offering that has not been expressly authorized by PickNBook, or to contact users for any purpose unrelated to the facilitation of childcare services through the App; or
Post, transmit, share, or link to any content that is designed to, or reasonably likely to, damage, disable, overburden, or impair the App or any user’s device, browser, or system, including any content containing malicious code, ransomware, spyware, or adware.

If we believe, in our sole and absolute discretion, that a user has violated the terms of this Section or any other terms stated under these Terms, we may immediately terminate your use of the App and the Services and take any other action available at law.

1.4 User Content

In addition to the prohibited uses listed above, you agree that you will not post, upload, or transmit any Content that is (i) false, misleading, inaccurate, unlawful, fraudulent, abusive, defamatory, obscene, or otherwise objectionable, (ii) infringes or violates any intellectual property, privacy, or other rights of any third party; (iii) includes personal or sensitive information of others without proper authorization; or (iv) is unrelated to the intended use of the App and the Services.

By submitting Content, you grant PickNBook a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, display, modify, adapt, and distribute such Content in connection with the operation, improvement, and promotion of the App and the Services.

You are solely responsible for all Content you provide. You represent and warrant that you own or have obtained and secured all necessary rights, consents, and permissions to provide such Content and the above license, and that your Content does not violate these Terms or any applicable laws. If your Content includes information about a child or third party, you represent that you have all necessary authority and consent to provide such information, and that you will only do so in compliance with all applicable data privacy laws and regulations now in effect and in the future.

PickNBook does not control, verify, or endorse any Content provided by users and makes no representations regarding its accuracy, reliability, or completeness. All Content is provided by users at their own risk. PickNBook disclaims all liability arising from user Content or from any reliance on such Content. While PickNBook has no obligation to monitor, review, or screen Content, PickNBook reserves the right, in its sole discretion, to review, remove, edit, or delete any Content at any time and for any reason, including if it believes such Content violates these Terms or may pose a risk to users or the Platform.

1.5 User Reviews

The App may allow users to post reviews, ratings, and feedback regarding Providers, Parents, or services (“Reviews”). You are solely responsible for any Review you submit, and all Reviews must reflect your honest and genuine experience. Reviews must not be false, misleading, defamatory, abusive, or unlawful, and must comply with these Terms. PickNBook does not verify or endorse Reviews and makes no representations as to their accuracy or reliability and has no obligation to remove Reviews, except as required by applicable law, but may do so in its sole discretion.

2. Eligibility to use the Services

To access or use the App or the Services, you must only do so from a device that you control at all times, and you must meet the following eligibility requirements:

Age Requirement. You must be at least eighteen (18) years old and capable of forming a legally binding contract under applicable law.
Geographic Eligibility. The App and the Services are intended for use only by individuals who reside legally in the United States. By using the App or the Services, you represent and warrant that you meet this requirement.
Authority and Capacity. You represent and warrant that you have the full right, authority, and capacity to enter into and comply with these Terms, whether on your own behalf or on behalf of an entity.
Parents. If you are using the App as a Parent, you represent and warrant that you are the legal parent or guardian of any child for whom you create a profile, provide information, or arrange services, and that you have the authority to act on behalf of such child, including consenting to the sharing, collection and processing of their information.

Providers. If you are using the App as a Provider, you represent and warrant that:

You are duly licensed, authorized, and legally permitted to provide childcare services in all jurisdictions in which you operate;
You will maintain all required licenses, permits, certifications, and registrations in good standing at all times while using the Services;
All information you provide regarding your qualifications, licensing status, and services is accurate, complete, and up to date;
You will comply with all applicable laws, rules, and regulations in connection with the childcare services you provide; and
You will maintain, at your own expense, all insurance coverage reasonably appropriate for the childcare services you provide, including coverage required by applicable law, and you are solely responsible for ensuring that such coverage is adequate and in effect at all relevant times.

Background and Safety Representations. You represent and warrant that neither you, nor, to the extent applicable for Providers, any individual directly involved in providing childcare services through your account, have ever been:

the subject of a conviction, arrest, charge, complaint, restraining order, or other legal action involving:
- any felony;
- any criminal offense involving theft, drugs, violence, or physical, sexual, or emotional abuse or neglect; or
- any offense, violation, or unlawful act involving:
  - endangering the safety of others (whether intentionally, recklessly, or negligently); or
  - fraud, dishonesty, or deception; or
registered, or currently required to register, as a sex offender with any governmental authority.

Account Integrity. You may not use the App or Services if you have been previously suspended or removed from the platform, unless expressly authorized by PickNBook.
Accuracy of Information. You agree to provide accurate, current, and complete information during registration and to keep such information updated at all times.

PickNBook reserves the right, but has no obligation, to verify any information provided by users and may suspend or terminate access to the App and the Services at any time for failure to meet these eligibility requirements, in PickNBook’s sole reasonable discretion.

3. Provider Information and Verification

3.1 Provider Information

As part of its onboarding process for Providers, PickNBook requests certain information and documentation, including but not limited to a Provider’s website, license certificate, and publicly available information such as social media profiles (collectively, “Provider Information”). You acknowledge and agree that any review or collection of Provider Information by PickNBook is limited in scope and that PickNBook does not guarantee its accuracy, validity or completeness. You are solely responsible for independently verifying the credentials, licenses, certifications, background, and suitability of any Provider before engaging their services. You agree that any such information is provided for convenience only and that you assume all risks associated with your interactions with other users, including Providers, whether online or in person.

3.2 Background Checks

PickNBook does not conduct criminal background checks, identity verification checks, or other comprehensive screening of Providers or Parents. Any information provided by users, including information relating to identity, licensing, qualifications, or background, is self-reported or obtained from limited sources and is not independently verified by PickNBook.

You acknowledge and agree that PickNBook’s collection or review of Provider Information, as described in Section 3.1, is limited in scope and does not constitute a background check, certification, endorsement, or guarantee of any user’s suitability, trustworthiness, or compliance with applicable laws.

You further acknowledge that you are solely responsible for conducting your own due diligence and evaluation of any Provider or Parent and for determining whether such individual is appropriate for your needs. You agree not to rely on the App, the Services, or any information made available through them as a substitute for your own independent investigation.

4. Payment Terms and Pricing for Provider Services

4.1 Payment Terms

4.1.1 Payment Processing. Payments for childcare services are processed by a third-party payment processor, currently Stripe, Inc. (“Payment Processor”). Your use of payment processing services may be subject to the Payment Processor’s terms, conditions, and privacy policies, which are available at: https://stripe.com/legal. PickNBook is not a party to any agreement between you and the Payment Processor and disclaims all liability arising from or related to such services.

4.1.2 Booking and Charges. When you book or provide a childcare service through the App, you agree to pay all applicable charges, which may include:

The fees set by the Provider for the requested services (based on the selected date, time, and frequency, which may include, without limitation, one-time, daily, weekly, weekday, or custom bookings);
A service fee charged by PickNBook (the “Service Fee”); and
any fees charged by the Payment Processor in connection with the processing of payments (the “Processing Fees”).

All charges (including Service Fees and Processing Fees) will be presented to you at the time of booking and must be authorized by you prior to confirmation.

4.1.3 Service Fee. PickNBook charges a Service Fee in connection with each booking made through the App. The Service Fee is charged for access to and use of the App and the Services, including the costs associated with maintaining and operating the platform, facilitating bookings, providing customer support, and improving and developing the Services. The Service Fee is non-refundable, except as required by applicable law.

4.1.4 Refunds and Cancellations. Refunds and cancellations are determined solely by the applicable Provider. Each Provider may establish and customize their own cancellation and refund policies, including applicable timeframes, conditions, and any eligibility for full or partial refunds. Such policies may allow cancellations at any time or impose restrictions, at the Provider’s discretion. You are responsible for reviewing the applicable Provider’s cancellation and refund policy prior to booking. Any refunds (if offered) will be processed in accordance with the Provider’s stated policy.

In all cases, Service Fees are non-refundable, except as required by applicable law.

PickNBook does not guarantee refunds and is not responsible for any disputes between Parents and Providers regarding cancellations or refunds.

4.1.5 Recurring Bookings. If you select a recurring booking (including daily, weekly, weekday, or custom schedules), you authorize PickNBook and its Payment Processor to charge your selected payment method on a recurring basis in accordance with the selected schedule. Such charges will continue until the recurring booking is modified or canceled by you in accordance with these Terms.

In the event of a pricing change applicable to an existing recurring booking, PickNBook will use commercially reasonable efforts to provide you with notice of such change prior to the effective date of the updated pricing. Following the expiration of the applicable notice period, the updated pricing will apply to subsequent charges for the recurring booking, unless you cancel or modify the booking prior to such effective date.

4.1.6 Discounts and Promotions. PickNBook may, from time to time, offer discounts, credits, or promotional offers. Such offers:

May be subject to additional terms and conditions;
May be modified or withdrawn at any time; and
Have no cash value unless expressly stated otherwise.

4.1.7 No Responsibility for Payments. PickNBook is not a party to any payment transaction between Parents and Providers and shall not be liable for any payment disputes, chargebacks, failed transactions, delays, or errors arising from the Payment Processor or from user actions.

4.2 Pricing for Provider Services

4.2.1 Provider-Determined Pricing. All prices for childcare services made available through the App are determined solely by the applicable Provider. PickNBook does not set, control, or guarantee any pricing for services offered through the App.

4.2.2 Display of Pricing. Providers are responsible for accurately listing their pricing, including any applicable rates, fees, schedules, and conditions. PickNBook makes such pricing available through the App for convenience only and does not independently verify the accuracy, completeness, or validity of such information.

4.2.3 Changes to Pricing. Providers may modify their pricing at any time. Any changes to pricing will apply to future bookings and, where applicable, to recurring bookings in accordance with these Terms. PickNBook is not responsible for any changes in pricing made by Providers.

4.2.4 No Guarantee of Pricing or Availability. PickNBook does not guarantee that any pricing, availability, or booking terms displayed through the App will remain unchanged at the time of booking or thereafter. All bookings are subject to confirmation and acceptance by the applicable Provider.

4.2.5 Pricing Errors. In the event of a pricing error or inaccuracy, PickNBook reserves the right to correct such error and to cancel or adjust any affected booking, in its sole reasonable discretion. PickNBook shall have no liability for any such errors or corrections.

4.2.6 Taxes and Additional Charges. Prices displayed may not include applicable taxes or other charges unless expressly stated. You are responsible for paying all applicable taxes, fees, and charges associated with your booking.

5. Disclaimers; Limitation of Liability

5.1 Disclaimer of Warranties

THE APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PICKNBOOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, PICKNBOOK DOES NOT WARRANT THAT THE APP OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; ANY INFORMATION PROVIDED THROUGH THE APP (INCLUDING USER CONTENT OR PROVIDER INFORMATION) IS ACCURATE, COMPLETE, OR RELIABLE; OR ANY PROVIDER OR PARENT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

5.2 No Responsibility for Users or Provider Services

PICKNBOOK IS A TECHNOLOGY PLATFORM ONLY AND IS NOT RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS OF ANY USER, INCLUDING ANY PROVIDER OR PARENT. PICKNBOOK DOES NOT PROVIDE CHILDCARE SERVICES AND DOES NOT SUPERVISE, DIRECT, OR CONTROL ANY PROVIDER OR THE SERVICES THEY OFFER. ANY INTERACTION, ENGAGEMENT, OR AGREEMENT BETWEEN USERS IS SOLELY BETWEEN THOSE USERS. PICKNBOOK DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO SUCH INTERACTIONS, INCLUDING ANY INJURY, LOSS, OR DAMAGE RESULTING FROM SERVICES PROVIDED BY A PROVIDER OR FROM INFORMATION EXCHANGED BETWEEN USERS. YOU ACKNOWLEDGE THAT USING THE APP AND ENGAGING WITH THIRD PARTIES THROUGH THE PLATFORM INVOLVES INHERENT RISKS, INCLUDING RISKS ASSOCIATED WITH CHILDCARE SERVICES AND IN-PERSON INTERACTIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU VOLUNTARILY ASSUME ALL RISKS ARISING OUT OF OR RELATED TO YOUR USE OF THE APP OR SERVICES; YOUR INTERACTIONS WITH ANY USER, WHETHER ONLINE OR OFFLINE; AND ANY SERVICES PROVIDED BY A PROVIDER, INCLUDING ANY RISK OF INJURY, ILLNESS, DAMAGE, OR LOSS.

YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR TAKING APPROPRIATE PRECAUTIONS WHEN INTERACTING WITH OTHER USERS OR ARRANGING CHILDCARE SERVICES.

5.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PICKNBOOK OR ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR SERVICES, EVEN IF PICKNBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICKNBOOK’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE APP OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO PICKNBOOK IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) $100 USD.

PICKNBOOK SHALL NOT BE LIABLE FOR ANY FAILURE, ERROR, OR DAMAGE ARISING FROM THIRD-PARTY SERVICES, INCLUDING PAYMENT PROCESSING SERVICES PROVIDED BY THIRD PARTIES.

6. Indemnification

You agree to defend, indemnify, and hold harmless PickNBook and its officers, directors, members, managers, employees, affiliates, subsidiaries, successors, assigns, agents, representatives, licensors, contractors, and partners (collectively, the “PickNBook Parties”) from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your access to or use of the App or the Services;
Your interactions, transactions, or relationships with any Parent, Provider, or other user of the App or Services;
The actions or omissions of any Parent, Provider, or other user with whom you interact through the App or Services;
Any information, content, instructions, advice, or services provided by any user or third party through or in connection with the App or the Services;
Your violation of these Terms or any applicable law; or
Your Content, including any claim that such Content infringes or violates the rights of any third party.

PickNBook reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such event, you agree to cooperate fully with PickNBook in the defense of such matter.

7. Agreement to Arbitrate; Dispute Resolution; Governing Law

7.1 Informal Dispute Resolution

Before initiating any arbitration or legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App or Services (a “Dispute”) informally by contacting PickNBook at customer.service@picknbook.com and providing a written description of the Dispute. The parties agree to engage in good faith efforts to resolve the Dispute amicably for a period of at least 30 days from the date such notice is received before commencing arbitration.

7.2 Agreement to Arbitrate

Except as otherwise expressly provided herein, you and PickNBook agree that any Dispute shall be resolved exclusively through final and binding arbitration administered by JAMS in accordance with its applicable rules and procedures. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The arbitration shall be conducted by a single arbitrator, and the place (seat) of arbitration shall be New York, New York, unless otherwise agreed by the parties.

7.3 Opt-Out Right

You may opt out of this Agreement to Arbitrate by providing written notice to PickNBook within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, contact information, and a clear statement that you wish to opt out of arbitration. If you opt out, neither party will be bound by this arbitration provision. Notice must be provided to the address set forth in Section 13.4.

7.4 Class Action Waiver; Non-Individualized Relief

YOU AND PICKNBOOK AGREE THAT ANY DISPUTE SHALL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO CONSOLIDATE CLAIMS OR TO AWARD RELIEF ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS.

7.5 Limited Exceptions; Injunctive Relief

Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive or equitable relief in a court of competent jurisdiction in New York, New York where necessary to:

Protect its intellectual property rights;
Prevent unauthorized use, misuse, or abuse of the App or Services; or
Prevent imminent harm or misuse of confidential information.

Such relief shall not be deemed incompatible with, or a waiver of, this Agreement to Arbitrate.

7.6 Confidentiality

All aspects of the arbitration, including the existence of the Dispute, the proceedings, and any settlement or award, shall be confidential and shall not be disclosed except as required by law or to enforce or challenge an arbitration award.

7.7 Governing Law; Forum

This Agreement to Arbitrate shall be governed by the laws of the State of New York, without regard to conflict of law principles. If, for any reason, a claim proceeds in court rather than in arbitration, you and PickNBook agree that such claim shall be brought in accordance with Section 13.6 (Governing Law and Jurisdiction) of these Terms.

8. Intellectual Property; DMCA Claims

8.1 Intellectual Property

The App and the Services, including all content, features, functionality, software, design, text, graphics, trademarks, logos, and other materials made available through the App (collectively, the “PickNBook Materials”), are owned by or licensed to PickNBook and are protected by applicable intellectual property and other laws. Subject to your compliance with these Terms, PickNBook grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App and the Services solely for their intended purpose.

You agree that you will not, and will not permit any third party to: (i) copy, reproduce, modify, distribute, or create derivative works of the PickNBook Materials; (ii) reverse engineer, decompile, or attempt to extract the source code of the App; (iii) use the App or Services for any commercial purpose outside of their intended use; or (iv) remove, alter, or obscure any proprietary notices.

All rights not expressly granted herein are reserved by PickNBook.

8.2 Copyright Notices and DMCA Compliance

PickNBook respects the intellectual property rights of others and expects its users to do the same. It is PickNBook’s policy to respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512. If you believe that any content or materials accessible on or through the App or the Services infringe your copyright, you may request removal of such content or materials by contacting PickNBook and providing the following information in writing:

Identification of the Copyrighted Work. A description of the copyrighted work that you believe has been infringed. Where possible, please include a copy of, or the location (e.g., the specific location within the App) of, an authorized version of the work;
Identification of the Infringing Material. A description of the content or material that you believe is infringing your copyright and its location within the App or Services, including sufficient detail (such as a URL, screenshot, or other identifying information) to allow PickNBook to locate the material;
Your Contact Information. Your full name, mailing address, telephone number, and email address;
Good Faith Statement. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law;
Accuracy Statement. A statement that the information provided in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
Signature. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

Please submit your DMCA notice to the address in Section 13.4.

Please note that, pursuant to 17 U.S.C. § 512(f), any person who knowingly and materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be subject to liability. PickNBook reserves the right to seek damages from any party that submits a fraudulent or bad faith DMCA notice.

Counter-Notification. If you believe that content you posted on the App was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to PickNBook. Your counter-notification must include:

Your physical or electronic signature;
Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside of the United States, the federal district court for the Southern District of New York), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

Repeat Infringer Policy. In order to protect the rights of copyright owners and in accordance with applicable law, PickNBook may terminate, in appropriate circumstances and in PickNBook’s sole discretion, the accounts of users who are found to be repeat infringers of copyright or other intellectual property rights. PickNBook reserves the right to terminate any user’s access to the App and the Services at any time for repeated copyright infringement.

9. Privacy

9.1 Privacy Policy

PickNBook is committed to protecting the privacy and security of user’s personal information. By accessing or using the App or the Services, you acknowledge that you have read and understand PickNBook’s Privacy Policy, which is incorporated into these Terms by reference and governs PickNBook’s collection, use, storage, and disclosure of information about you and your use of the App and the Services.

9.2 Data Security and Incident Notification

PickNBook implements commercially reasonable administrative, technical, and organizational measures designed to protect the security of personal information in accordance with applicable law.

In the event of a security incident involving unauthorized access to or acquisition of personal information maintained by PickNBook, PickNBook will take steps to investigate and address such incident and, where required by applicable law, provide notice to affected individuals and relevant authorities.

You acknowledge that no system or method of transmission over the internet or electronic storage is completely secure, and PickNBook cannot guarantee absolute security of your information.

9.3 Children’s Information (COPPA Notice)

The App and the Services are intended to be used by adults, including Parents and Providers, and are not directed to children. However, PickNBook may collect personal information about children when such information is provided by a Parent in connection with the use of the Services (such as via the in-App communication feature of the App).

By providing information about a child through the App or the Services, you represent and warrant that you are the child’s parent or legal guardian, and that you have the legal authority to provide such information and to consent to its collection, use, and disclosure on behalf of the child.

PickNBook uses such information solely for the purpose of facilitating childcare services, including enabling communication between Parents and Providers, and supporting booking and scheduling functionality.

PickNBook’s collection, use, and handling of children’s information is governed by our Privacy Policy. Parents and legal guardians have the right to review, update, or request deletion of their child’s personal information by contacting PickNBook at customer.service@picknbook.com.

10. Term and Termination

10.1 Term

These Terms are effective from when you access the App (for example to create an account and register as a Parent or Provider) and accept these Terms, and remains in effect until either you or PickNBook terminate the agreement in accordance with these Terms.

10.2 Termination by PickNBook

PickNBook reserves the right, in its sole and absolute discretion, to immediately terminate your access to all or part of the App and/or Services, to remove your profile and/or any content posted by or about you on the App, and/or to terminate your account with PickNBook, with or without notice, for any reason or no reason, including without limitation if PickNBook should determine that you:

are not eligible to use the App or the Services;
have violated these Terms;
are not suitable for participation as a registered Parent or Provider on the App;
have misrepresented yourself, your identity, your credentials, or your licensing status;
have misused or misappropriated App content, including but not limited to use on a competing, mirrored, or unauthorized third-party platform;
have engaged in conduct that PickNBook, in its sole discretion, determines to be harmful, abusive, fraudulent, or otherwise inappropriate; or
have failed to maintain any license, certification, insurance, or other credential required to offer childcare services through the App.

10.3 Termination by You

You may terminate your account at any time by following the account deletion process available through the App or by contacting PickNBook at customer.service@picknbook.com. Termination of your account does not relieve you of any obligations or liabilities that arose prior to the date of termination, including but not limited to any payment obligations or pending bookings. PickNBook reserves the right to retain certain information as required by applicable law or as necessary for legitimate business purposes, in accordance with PickNBook’s Privacy Policy.

10.4 Effect of Termination

Upon termination of your account, whether by you or by PickNBook:

Your right to access and use the App and the Services will immediately cease and PickNBook may delete or deactivate your account and any associated data, content, or information, without any obligation to retain or provide copies of such materials to you, except as required by applicable law;
Any pending bookings or transactions may be cancelled at PickNBook’s sole discretion;
PickNBook reserves the right to retain data and information as required by applicable law or as set forth in the Privacy Policy; and
PickNBook shall have no liability to you or any third party for any termination of your access to the App or the Services. If your account is terminated, PickNBook reserves the right to prevent you from re-registering for or using the App under a different name, email address, or identity.

All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

PickNBook reserves the right, but has no obligation, to notify other users with whom you have interacted of your suspension or termination where PickNBook determines, in its sole reasonable discretion, that such notice is appropriate for safety or security reasons. Any such notification shall not be deemed a representation or statement regarding your character, reputation, or conduct.

10.5 No Refunds upon Termination

To the maximum extent permitted by applicable law, if your account is suspended or terminated by PickNBook pursuant to these Terms, you will not be entitled to any refund of any amounts paid, including any Service Fees or any prepaid or scheduled bookings that have not yet been completed.

You acknowledge and agree that:

Any payments made in connection with bookings are made in consideration for access to and use of the App and the Services, including the facilitation of bookings and related functionality;
PickNBook does not guarantee the completion of any booking and is not responsible for services not rendered by Providers; and
Any refund, credit, or adjustment relating to services not rendered shall be governed solely by the applicable Provider’s cancellation or refund policy, if any, and not by PickNBook.

Notwithstanding the foregoing, nothing in these Terms shall limit or exclude any rights you may have under applicable law that cannot be waived or disclaimed.

11. Modification

PickNBook may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the App and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, in-App notifications, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the App and the Services will constitute acceptance of the revised Terms.

12. Accessibility

PickNBook is committed to making the App and the Services accessible to all users, including individuals with disabilities. PickNBook makes commercially reasonable efforts to improve the accessibility and usability of the App and to comply with applicable accessibility standards.

However, PickNBook does not warrant or guarantee that the App or the Services will be accessible or usable for all users or that they will comply with all applicable accessibility requirements at all times. The App and the Services are provided on an “as is” and “as available” basis, as further described in these Terms.

If you experience difficulty accessing or using any part of the App, you may contact PickNBook at customer.service@picknbook.com, and PickNBook will use commercially reasonable efforts to address such issues.

13. Miscellaneous

13.1 Interpretation; Entire Agreement

These Terms, together with any policies, guidelines, or additional terms incorporated by reference, constitute the entire agreement between you and PickNBook regarding your access to and use of the App and the Services and supersede all prior or contemporaneous agreements, communications, and understandings, whether oral or written. These Terms do not create any third-party beneficiary rights. If any provision of these Terms is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. References to “including” mean “including without limitation,” and the use of “will” or “shall” denotes an obligation.

13.2 No Waiver

PickNBook’s failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless expressly acknowledged and agreed to in writing. Any waiver of a provision of these Terms will apply only to the specific instance for which it is given and will not be deemed a continuing waiver.

13.3 Assignment

You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without PickNBook’s prior written consent. PickNBook may assign, transfer, or delegate these Terms and its rights and obligations, in whole or in part, at any time without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

13.4 Notices; Electronic communications

Except as otherwise provided herein, any notices or communications required or permitted under these Terms will be provided electronically, including via email, in-App notifications, or other contact information you provide to PickNBook. You consent to receive such communications electronically and agree that they satisfy any legal requirement that such communications be in writing. Notices to PickNBook shall be sent to:

PickNBook LLC
8 The Green STE A Dover
DE 11901
Attention: Legal department

With an electronic copy sent to: customer.service@picknbook.com

13.5 Third-Party Services

The App and Services may contain links to or integrations with third-party websites, applications, or services (including payment processing services) (“Third-Party Services”). Such Third-Party Services are subject to their own terms and privacy practices. PickNBook is not responsible for and does not endorse or assume any liability for any Third-Party Services.

13.6 Governing Law and Jurisdiction

Except as otherwise provided in Section 7 (Agreement to Arbitrate; Dispute Resolution), these Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the App, or the Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. To the extent that any dispute is not subject to arbitration, you and PickNBook agree that such dispute shall be brought exclusively in the state or federal courts located in New York, New York, and you hereby consent to the personal jurisdiction and venue of such courts.

13.7 Relationship of the Parties

Nothing in these Terms shall be deemed to create any partnership, joint venture, agency, or employment relationship between PickNBook and any user. Users act solely on their own behalf and not as agents or representatives of PickNBook.

13.8 Force Majeure

PickNBook shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, failures of utilities or communications systems, or interruptions of third-party services.

13.9 Survival

Any provisions of these Terms that by their nature should survive termination shall survive, including without limitation provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and any payment obligations.

If you have any questions about these Terms please contact us at customer.service@picknbook.com.