Terms of Service
These Terms govern your relationship with PickOS Inc. when you create an account, sign in, contact support, install our applications from any application store, or use any platform we operate — including MyPick.
Table of contents
- The agreement and the parties
- Definitions
- Eligibility and account enrollment
- Authentication and account security
- Federated sign-in with third-party identity providers
- Application stores and device platforms
- Description of the Services
- MyPick — promoters and sellers
- Acceptable use
- User content and feedback
- Intellectual property and trademarks
- Software updates and beta features
- Support enrollment and communications
- Fees, trials, taxes, refunds
- Suspension and termination
- Notices and electronic communications
- Privacy and security
- Disclaimers
- Limitation of liability
- Indemnification
- Export, sanctions, and trade controls
- Dispute resolution and governing law
- Changes to these Terms
- Miscellaneous
- How to contact PickOS
1. The agreement and the parties
These Terms of Service (the “Terms”) form a binding contract between you and PickOS Inc. (“PickOS,” “we,” “us,” “our”), the operator of the websites at pickos.com, of the platforms we own and operate (including MyPick at mypick.com), and of the related applications, APIs, content, and tools that link to or reference these Terms (collectively, the “Services”).
By creating an account, signing in, downloading or using one of our applications, accessing the Services, clicking a button affirming acceptance, or otherwise using the Services, you agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy. If you do not agree, you may not use the Services.
If a provision in a separate written agreement signed by an authorised PickOS representative (for example, a Master Services Agreement, Data Processing Agreement, or enterprise order form) conflicts with these Terms in respect of the subject matter covered by that agreement, the separate agreement controls for that subject matter only.
2. Definitions
- “Account” — any user account created with PickOS — whether for the corporate website, MyPick, or another platform we operate — including authentication credentials and the associated profile, settings, and data.
- “Application Store” — any third-party distribution platform — including any general-purpose mobile, desktop, or device-vendor application marketplace — through which a PickOS application is offered for download or installation.
- “Content” — any text, images, audio, video, code, files, profiles, listings, communications, or other material submitted to or made available through the Services.
- “Personal Data” — has the meaning given in our Privacy Policy and applicable law.
- “Promoter” and “Seller” — the role-based account types within MyPick, defined in Section 8 and in MyPick’s in-product documentation.
- “Subscriber” — an account holder paying for a subscription, plan, or paid feature.
- “You” — the individual entering into these Terms; if you act on behalf of an organisation, “you” includes that organisation and its authorised users.
3. Eligibility and account enrollment
3.1 Age and capacity. You must be at least 18 years old, or the age of majority in your jurisdiction, whichever is higher, to create an account and to enter into these Terms. The Services are not directed to children below the age of digital consent in their country, and we do not knowingly enroll such users.
3.2 Authority. If you enroll on behalf of an entity (a company, partnership, public body, or other organisation), you represent and warrant that you are duly authorised to bind that entity, and that your use of the Services complies with that entity’s policies.
3.3 Information you provide at enrollment. You agree to provide accurate, current, and complete information at sign-up, including (as relevant) your legal name or registered business name, email address, mobile number, country of residence or operation, role within MyPick (Promoter, Seller, or other), business identifiers we may lawfully request (for example, a tax or registration number for invoicing), and a chosen authentication method. You agree to keep that information current.
3.4 Identity verification. We may require additional verification at any time — for example, confirmation of an email address, phone number, government-issued identification (only when needed for compliance such as KYC, anti-fraud, payouts, or regulated commerce), or proof of authority for an organisation. We may suspend the Account if verification is incomplete or unsuccessful.
3.5 One identity, no proxy accounts. Except where we expressly permit (for instance, separate Promoter and Seller workspaces, or test sandboxes), you may not maintain multiple Accounts to evade enforcement, quotas, paywalls, or identity checks. You may not register an Account for another person without that person’s knowledge and consent.
3.6 Sanctioned and restricted persons. You may not register or use the Services if you are designated on, or owned or controlled by a person designated on, applicable sanctions or restricted-party lists (including U.S. OFAC SDN, EU consolidated, UK OFSI, and UN Security Council lists), or if you are located in or ordinarily resident in a comprehensively sanctioned jurisdiction.
4. Authentication and account security
4.1 Credentials. Authentication may use a password, a one-time code by email or SMS, an authenticator-app code, a hardware key, biometric unlock provided by your device, a passkey, an API key, or a federated identity (Section 5). You are responsible for choosing a strong password and for safeguarding all credentials, devices, and recovery codes associated with the Account.
4.2 Multi-factor authentication. Where we offer multi-factor authentication (“MFA”), we strongly recommend you enable it. For certain higher-risk operations (administrative actions, payouts, billing changes, deletion of data, transfer of ownership), we may require MFA, re-authentication, or a delay window before the action takes effect.
4.3 Account responsibility. You are responsible for all activity that occurs under your Account, except to the extent caused by our willful misconduct or material breach of these Terms. You agree to notify us promptly through the channels in Section 25 if you suspect unauthorised access, credential compromise, or session hijacking.
4.4 Account recovery. Recovery flows (such as a password reset email, an SMS one-time code, or a backup-code challenge) are intended for the legitimate Account holder. We may decline a recovery request if we cannot reasonably verify identity, or if the request appears fraudulent or coerced.
4.5 Sessions and devices. Active sessions and trusted devices may be reviewed and revoked from your Account settings. We may automatically end inactive sessions or sessions that present an elevated risk signal.
4.6 Security research. We welcome good-faith security research consistent with our published Vulnerability Disclosure procedures. You may not test, scan, or exploit any system, account, or data not owned by you without our prior written authorisation.
5. Federated sign-in with third-party identity providers
We may offer federated authentication through one or more third-party identity providers (each, a “Provider”), including operating-system-level identity services, social-login services, enterprise identity providers, and any successor or equivalent service we choose to support.
- Use of a Provider is governed by that Provider’s own terms and privacy policies, in addition to ours.
- By signing in through a Provider, you authorise PickOS to receive identifiers and the profile attributes that the Provider makes available and that you have consented to share (for example, name, email address, profile image, and a stable Provider user identifier).
- We do not receive your password from a Provider. We use the Provider’s authentication response to establish your session and link your PickOS Account to that Provider identity.
- You may unlink a Provider from your Account at any time, subject to retaining at least one functional sign-in method. Unlinking does not delete data already collected; data handling is governed by our Privacy Policy.
- Providers are independent of PickOS and not responsible for the Services. Outages or policy changes by a Provider may affect federated sign-in availability.
- Where a Provider offers a private-relay or hidden-email option, we will respect that choice and route messages through the relay as required by the Provider.
6. Application stores and device platforms
When you obtain a PickOS application from an Application Store, the rules of that Application Store apply in addition to these Terms. To the extent of an irreconcilable conflict, mandatory Application Store terms control over conflicting provisions in these Terms for that distribution.
6.1 General. Where you obtain a PickOS application through any Application Store, you acknowledge that:
- These Terms are a contract between you and PickOS only; the Application Store is not a party to these Terms.
- The license granted to you is non-transferable and limited to use on devices that you own or control, in accordance with the Application Store’s usage rules.
- The Application Store has no obligation to provide maintenance or support for the application unless its rules expressly require it; PickOS is solely responsible for the application and for addressing any related claims.
- If the application fails to conform to a warranty required by the Application Store, you may notify the Application Store and, where required by its rules, the Application Store will refund the purchase price (if any).
- PickOS — not the Application Store — is responsible for product-liability claims, claims that the application fails to conform to any applicable legal or regulatory requirement, and claims under consumer-protection or similar legislation.
- For any third-party claim that the application or your use of it infringes that third party’s intellectual-property rights, PickOS — not the Application Store — is solely responsible for the investigation, defence, settlement, and discharge of that claim.
- You represent that you are not located in a country subject to an applicable government embargo or designated as a country supporting terrorism, and that you are not on any applicable list of prohibited or restricted parties.
- Where an Application Store’s rules require it, the Application Store and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce these Terms against you to the extent so required.
6.2 Store-specific rules. Each Application Store imposes its own developer agreement, distribution policy, in-app-purchase rules, content rules, and end-user license terms. To the extent of an irreconcilable conflict, the Application Store’s mandatory rules control over conflicting provisions of these Terms for that distribution.
6.3 Operating systems and device services. Where an Application Store or operating system requires the use of associated services (for example, push-notification services, cloud-identity services, or in-app billing), your use of those services is governed by the relevant operator’s own terms and privacy notices.
6.4 Beta and pre-release applications. Pre-release builds distributed through any Application Store’s testing programme (or directly by us with notice) may be unstable, change without notice, and contain telemetry needed to evaluate them. Beta builds are provided “as is” with no service-level commitments.
7. Description of the Services
PickOS operates corporate websites and one or more platforms. The headline feature set, supported regions, supported languages, supported integrations, and pricing of any platform are described in that platform’s in-product documentation and on its public website. We may improve, modify, deprecate, or sunset features over time; where a change is material, we will provide reasonable advance notice unless an immediate change is required for security, legal, or operational integrity.
8. MyPick — promoters and sellers
MyPick is a platform operated by PickOS at MyPick.com that connects two principal account types:
- A Promoter represents, markets, or otherwise advances the visibility of products, brands, or offers.
- A Seller lists, distributes, fulfils, or otherwise transacts in those products, brands, or offers.
Specific MyPick features — campaign management, performance tracking, payments and payouts, dispute handling, content moderation, ratings, and disclosures (including any required “#ad” / “#sponsored” signals) — are governed by MyPick’s in-product terms and policies, which are incorporated into these Terms by reference for users of MyPick.
You are responsible for ensuring that your activity on MyPick complies with applicable advertising, consumer-protection, marketing, e-commerce, tax, and disclosure laws in every market where your campaigns or sales are visible. PickOS is not a party to the underlying commercial transaction between a Promoter and a Seller unless we expressly act as the merchant of record for that transaction.
9. Acceptable use
You agree not to do, attempt, or facilitate any of the following:
- Violate any applicable law or regulation, or infringe any third-party right (including intellectual property, privacy, publicity, or contract).
- Upload, distribute, or generate Content that is unlawful, defamatory, obscene, sexually exploitative of minors, harassing, hateful, or that incites violence; or that contains malware, exploit code, or other harmful elements.
- Misrepresent your identity, affiliation, employer, role, location, or the source of any Content or transaction.
- Engage in deceptive marketing, fake reviews, undisclosed paid endorsements, or other dark patterns.
- Probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measure, except under an authorised research programme.
- Use automation to scrape, mirror, or replicate the Services beyond what an applicable robots.txt, API agreement, or written permission allows.
- Use the Services to conduct sanctioned trade, terrorism financing, money laundering, or evasion of export-control regimes.
- Use the Services to develop a product or service that competes directly with the Services using non-public information learned from us.
- Resell, sublicense, time-share, or use the Services as a service-bureau except under an enterprise agreement that authorises this.
We may investigate suspected violations, preserve relevant data, and cooperate with law-enforcement, regulators, payment networks, distribution platforms, and other partners where required or permitted by law.
10. User content and feedback
10.1 Your Content. You retain ownership of the Content you submit. You grant PickOS a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, transmit, adapt (only as needed for hosting, formatting, security, or accessibility), and display that Content for the purpose of operating, securing, and improving the Services, providing support, and fulfilling legal obligations.
10.2 Public Content. If you choose to make Content public (for example, a public profile, a public listing on MyPick, a published review, or a comment), you also grant a license to other users to access and use that Content as the Service is designed to allow.
10.3 Responsibility. You are solely responsible for your Content and for any consequences of submitting it. We do not endorse user-submitted Content and are not obligated to monitor it; we may, however, remove Content that we reasonably believe violates these Terms or applicable law.
10.4 Feedback. If you send us suggestions, ideas, bug reports, or other feedback, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose, with no obligation of confidentiality or compensation.
10.5 Copyright complaints. If you believe Content on the Services infringes your copyright, send a notice to our designated agent at copyright@pickos.com containing the elements required by 17 U.S.C. § 512(c)(3) (or the equivalent in your jurisdiction). We may remove allegedly infringing Content and terminate repeat infringers.
11. Intellectual property and trademarks
The Services, including all software, text, graphics, layouts, logos, and other materials, are owned by PickOS or its licensors and are protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services as offered under these Terms; no other license is granted by implication, estoppel, or otherwise.
“PickOS,” “MyPick,” their logos, and any other PickOS marks are trademarks of PickOS. You may not use them without prior written permission, except for fair, descriptive use that complies with our brand guidelines.
12. Software updates and beta features
We may push updates automatically to applications and to the Services for reasons including security, reliability, compatibility, performance, and feature delivery. You agree that the Services may be updated and that automatic updates are part of normal operation. Where you have disabled automatic updates, you remain responsible for installing critical security updates we make available.
Features marked “Beta,” “Preview,” “Experimental,” or similar are provided “as is” without warranty or service-level commitment. We may discontinue or substantially modify them at any time.
13. Support enrollment and communications
13.1 Channels. PickOS provides corporate-level support via the contact form on pickos.com and via designated email addresses. Product-level support for MyPick is provided through MyPick.com and in-app help. Where we offer enterprise or paid support plans, additional channels and response targets may apply under a separate order form.
13.2 Enrollment in support. When you submit a support request, you enroll in our support workflow and consent to our processing of the message, attachments, related metadata, and any session or device information necessary to triage and resolve the request, as further described in our Privacy Policy.
13.3 Information you should not send. Do not transmit passwords, full payment-card numbers, government identification numbers, or other secrets through unsecured channels. Use designated secure flows (such as in-product redaction, secure upload links, or SSO-protected admin tools) when offered.
13.4 Response targets. Unless a paid plan or written agreement specifies otherwise, support is provided on a commercially reasonable best-efforts basis without a binding service-level objective. We do not guarantee that every request will be resolvable, and resolution may include directing you to product documentation, partner channels, or a third party (for example, an Application Store).
13.5 Abuse. We may decline support, rate-limit a requester, or terminate a support session in case of abusive, unlawful, or harassing communications.
14. Fees, trials, taxes, refunds
14.1 Pricing. Prices for paid features (subscriptions, transaction fees, listing fees, payout-related fees, premium support, etc.) are presented at the point of purchase or in an order form and may change with notice for renewing periods.
14.2 Trials. Free trials, where offered, automatically convert to a paid plan at the disclosed price unless cancelled before the trial ends.
14.3 Taxes. All fees are exclusive of taxes unless stated otherwise; you are responsible for taxes assessed on your use of the Services, except for taxes based on PickOS’s net income.
14.4 Refunds. Except where required by mandatory consumer law (including statutory withdrawal rights in the EEA, UK, and similar jurisdictions) or where expressly stated in an order form, fees are non-refundable. Refunds for purchases made through Application Stores follow the rules of that store.
14.5 Non-payment. Failure to pay may result in suspension, account hold, removal of paid features, and (for accumulated unpaid amounts) collection or assignment to a debt-recovery service.
15. Suspension and termination
15.1 By you. You may close your Account at any time through the Account settings or by contacting support. Some data may be retained where required by law or for legitimate purposes such as tax, fraud prevention, dispute resolution, or enforcement of our agreements.
15.2 By us. We may suspend or terminate your access, in whole or in part, with or without notice, if (a) you breach these Terms or any incorporated policy; (b) we reasonably believe your conduct creates risk for other users, third parties, or PickOS; (c) we are required to do so by law, regulator, court, or platform partner; (d) the Account is dormant beyond a published period; (e) we discontinue the Services or the relevant feature.
15.3 Effects of termination. On termination, your right to access the Services ceases, and we may delete or anonymise data after a reasonable retention period as described in the Privacy Policy. Sections of these Terms that by their nature should survive termination (including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.
16. Notices and electronic communications
We deliver notices to you electronically — via email to the address on file, in-app messages, push notifications, banners on the Services, or notices on pickos.com. You consent to receiving notices in this form. Legal notices to PickOS must be sent through the contact channels described in Section 25.
17. Privacy and security
Our processing of Personal Data is described in the Privacy Policy. We implement administrative, technical, and organisational safeguards designed to protect Personal Data, including encryption in transit, hashed authentication secrets, segmentation of production data, and audited access controls. No system is perfectly secure, and we encourage MFA, strong unique passwords, and prompt installation of OS and application updates.
18. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE OF TRADE, OR PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE SECURE OR NOT LOST OR ALTERED.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
19. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PICKOS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO PICKOS FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, DEATH, OR PERSONAL INJURY).
20. Indemnification
You will defend, indemnify, and hold harmless PickOS and its affiliates, officers, directors, employees, and agents from and against any claim, demand, loss, liability, damage, expense, or cost (including reasonable attorneys’ fees) arising out of or relating to (i) your access to or use of the Services; (ii) your Content; (iii) your violation of these Terms or applicable law; or (iv) your infringement of any third-party right, except to the extent caused by our willful misconduct.
21. Export, sanctions, and trade controls
The Services may be subject to U.S., EU, UK, and other export-control and sanctions laws. You represent that you are not located in, ordinarily resident in, or organised under the laws of a comprehensively sanctioned jurisdiction; that you are not designated on a restricted-party list; and that you will not export, re-export, or transfer the Services or any related technology in violation of applicable trade-control laws.
22. Dispute resolution and governing law
22.1 Informal resolution first. Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us via the channels in Section 25. We will attempt to resolve the matter within thirty (30) days.
22.2 Governing law. Except where mandatory local law provides otherwise (including consumer-protection law in your country of residence), these Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the jurisdiction in which PickOS Inc. is incorporated, without regard to its conflict-of-laws rules.
22.3 Forum. The state and federal courts located in the jurisdiction where PickOS Inc. is incorporated will have exclusive jurisdiction over any dispute that is not subject to arbitration, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
22.4 Class-action waiver, where enforceable. Where permitted by law, you and PickOS each waive the right to participate in a class action, class arbitration, or representative proceeding. Each of us may bring claims only in our individual capacity. Where this waiver is unenforceable, claims that cannot be waived will proceed in court rather than in arbitration, and the rest of this Section will remain in effect.
22.5 Mandatory consumer rights. Nothing in this Section limits any non-waivable rights you may have as a consumer in the EEA, the United Kingdom, or any jurisdiction whose law applies on a mandatory basis to you.
23. Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms with a new “Last updated” date and, for material changes that adversely affect your rights, provide reasonable advance notice via email, in-product notice, or banner on pickos.com. Continued use of the Services after the effective date of the updated Terms constitutes acceptance, except where applicable law requires affirmative consent for the change to take effect.
24. Miscellaneous
24.1 Entire agreement. These Terms, together with the documents they reference, constitute the entire agreement between you and PickOS regarding the Services, and supersede prior agreements on the subject.
24.2 Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force, and the invalid or unenforceable provision will be reformed to the minimum extent necessary to make it enforceable.
24.3 No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
24.4 Assignment. You may not assign these Terms or your Account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets, or to an affiliate, with notice to you.
24.5 Force majeure. Neither party will be liable for any delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, governmental action, labour conditions, telecommunications failures, or internet disturbances.
24.6 Independent contractors. The relationship between you and PickOS is that of independent contractors. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.
24.7 Headings. Section headings are for convenience and do not affect interpretation.
25. How to contact PickOS
For questions about these Terms or to provide a legal notice, contact PickOS Inc. via the form on the Contact page. Product-level questions about MyPick should follow the in-app help and support channels listed on MyPick.com. Privacy-related requests are handled per the procedures in our Privacy Policy.
These Terms are written by PickOS Inc. and reflect our actual practices. They are not legal advice; for jurisdiction-specific questions, please consult your own counsel.