Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and PickNBook LLC (“PickNBook,” “we,” “our,” or “us”) governing your use of the PickNBook website, mobile applications, and related services (the “Platform”). By accessing or using the Platform, you agree to these Terms.

1. Eligibility

To list a center on PickNBook, you must (a) be at least 18 years old, (b) hold a valid and current childcare license issued by the New York City Department of Health and Mental Hygiene (DOHMH) or the New York State Office of Children and Family Services (OCFS), and (c) have the legal authority to enter into these Terms on behalf of your business.

2. Provider obligations

• You must keep your license, insurance, and any other regulatory requirements current and in good standing at all times.
• You must provide accurate, complete, and up-to-date information about your center, capacity, age groups, availability, and pricing.
• You are solely responsible for the care, supervision, safety, and well-being of children in your facility, and for compliance with all applicable health, safety, and licensing rules.
• You must promptly update or remove your listing if your eligibility changes.

3. Listings and bookings

PickNBook provides a marketplace through which providers list availability and families request bookings. You control your availability and may accept or decline any booking request at your discretion. PickNBook is not a party to the agreement between you and any family — we do not provide childcare services.

4. Fees and payments

Listing your center on PickNBook is free. When a booking is completed through the Platform, PickNBook may retain a commission (the “Service Fee”) from the amount paid by the family, as disclosed at the time of booking. You agree to the Service Fee in effect when each booking is made. Payouts to providers are processed through our payment partners and generally deposited via direct transfer.

5. Cancellations, refunds, and no-shows

Cancellation, refund, and no-show policies are set out in the Platform at the time of booking and may be updated from time to time. By accepting a booking, you agree to honor the policy in effect for that booking.

6. Acceptable use

• Do not list any center that is not properly licensed, or misrepresent your capacity, services, or credentials.
• Do not use the Platform for any unlawful, fraudulent, or harmful purpose.
• Do not attempt to circumvent the Platform to avoid Service Fees, or solicit families introduced through PickNBook off-platform.
• Do not interfere with the operation, security, or other users’ enjoyment of the Platform.

7. Intellectual property

The Platform, including its branding, software, and content, is owned by PickNBook and protected by intellectual property laws. You retain ownership of content you submit (e.g., photos, descriptions of your center) and grant PickNBook a worldwide, non-exclusive, royalty-free license to host, display, and promote that content as part of the Platform.

8. Termination

You may stop using the Platform and request that we deactivate your listing at any time. We may suspend or terminate access to the Platform if we believe you have violated these Terms, applicable law, or to protect users, providers, or the Platform.

9. Disclaimers

The Platform is provided “as is” and “as available.” To the fullest extent permitted by law, PickNBook disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. PickNBook does not provide childcare services and is not responsible for the conduct, safety, or legal compliance of any provider or family.

10. Limitation of liability

To the maximum extent permitted by law, PickNBook and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues, arising out of or in connection with your use of the Platform. Our aggregate liability for any claim arising out of these Terms or your use of the Platform will not exceed the greater of (a) the total Service Fees you paid to PickNBook in the twelve months preceding the claim or (b) one hundred dollars (US $100).

11. Indemnification

You agree to defend, indemnify, and hold harmless PickNBook from any claim, demand, loss, or damage arising out of (a) your use of the Platform, (b) your violation of these Terms, or (c) your provision of childcare services to any family.

12. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Platform will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to personal jurisdiction there.

13. Changes to these terms

We may update these Terms from time to time. The “Last updated” date above will reflect the most recent revision. Material changes will be notified through the Platform or by email. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

14. Contact

Questions about these Terms? Email us at customer.service@picknbook.com.