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Terms of Service

Last Updated: September 20, 2023

Welcome, and thank you for your interest in Pie Labs, PBC (“Pie,” “we,” or “us”) and our website at www.getpie.app, along with our related websites, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Pie regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING PIE’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND PIE’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY PIE AND BY YOU TO BE BOUND BY THESE TERMS.

YOU AGREE TO RECEIVE TEXTS FROM OR ON BEHALF OF PIE AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS WILL INCLUDE INVITATIONS OR UPDATES TO EVENTS AS WELL AS PROMOTIONAL CONTENT AND SOLICITATIONS. YOU UNDERSTAND AND AGREE THAT THESE TEXTS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY.

ARBITRATION NOTICE

Except for certain kinds of disputes described in Section 18 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND PIE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Pie Service Overview

We offer a platform for people to make plans (“Events”) and use our application to invite other people and promote the Events. We make it easier for people to spend time with each other by decreasing the friction for people who want to make plans.

Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

Accounts and Registration

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, phone number, birth date, profile picture, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at help@pumpkinpie.com.

General Payment Terms

The Service is currently free, but we serve the right to implement fees in the future. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms.

Licenses

5.1. Limited License

Subject to your complete and ongoing compliance with these Terms, Pie grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

  • (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and
  • (b) access and use the Service.

5.2. License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not:

  • (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service;
  • (b) make modifications to the Service; or
  • (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

5.3. Feedback

We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Pie an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

Ownership; Proprietary Rights

The Service is owned and operated by Pie. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Pie (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Pie or its third-party licensors. Except as expressly authorized by Pie, you may not make use of the Materials. There are no implied licenses in these Terms and Pie reserves all rights to the Materials not granted expressly in these Terms.

Interactions with Other Users

7.1. Assumption of Risk

You acknowledge that there are risks associated with using the Service and interacting with other users in person, and that you are voluntarily using the Service. You acknowledge that we do not routinely screen or verify the Events posted on the Service, nor investigate or verify any user’s reputation, conduct, morality, or criminal background, and agree that we are not obligated to do so. However, we reserve total discretion and the right to conduct screenings of or inquiries into any of our users or their Events. You agree that you interact with any other person you connect with on or via the Service, including organizing or attending Events, at your own risk and discretion and that you will take all reasonable precautions when interacting with them, including online or in person, particularly when meeting a stranger in person for the first time. It is possible that other users may attempt to physically harm or defraud you or obtain information from you for fraudulent purposes. You are solely responsible for, and assume all risks related to, your use of the Service, conduct on the Service, and all online and offline interactions with any other person you connect with on or via the Service, including interactions in connection with organizing or attending an Event.

7.2. Disclaimer

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY USER OR EVENT, THE INFORMATION ABOUT ANY USER OR EVENT, OR ANY LINKED WEBSITES IN AN EVENT. FURTHER, WE DO NOT GUARANTEE THAT THE SERVICE WILL BE ABLE TO CONNECT YOU WITH ANY OTHER USER(S) OR EVENT(S), THAT OTHER USERS MAY ATTEND ANY EVENT(S) YOU ORGANIZE VIA THE SERVICE, OR THAT YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS.

Third-Party Terms

8.1. Third-Party Services and Linked Websites

Pie may provide tools through the Service that enable you to export information, including User Content, to third-party services, such as Instagram or WhatsApp. By using one of these tools, you hereby authorize that Pie to transfer that information to the applicable third-party service. Third-party services are not under Pie’s control, and, to the fullest extent permitted by law, Pie is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Pie’s control, and Pie is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Pie will have no control over the information that has been shared.

8.2. Third-Party Software

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

User Content

9.1. User Content Generally

Certain features of the Service may permit users to submit, upload, or otherwise transmit (“Post”) content to the Service, including messages, chats, reviews, photos, images, links, folders, data, text, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.

9.2. Limited License Grant to Pie

By Posting User Content to or via the Service, you grant Pie a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Pie’s exercise of the license set forth in this Section.

9.3. Specific Rules for Photographs and Images

If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.

9.4. You Must Have Rights to the Content You Post; User Content Representations and Warranties

You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Pie disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:

  • (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Pie and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Pie, the Service, and these Terms;
  • (b) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not:
    • (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right;
    • (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or
    • (iii) cause Pie to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
  • (c) your User Content (including the linked website in an Event) could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

9.5. User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Pie may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Pie with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Pie does not permit infringing activities on the Service.

9.6. Monitoring Content

Pie does not control and does not have any obligation to monitor:

  • (a) User Content;
  • (b) any content made available by third parties; or
  • (c) the use of the Service by its users.

You acknowledge and agree that Pie reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Pie may commence an arbitration proceeding.

If you commence arbitration in accordance with these Terms, Pie will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules.

Communications

10.1. Text Messaging

You agree that Pie and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. Text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING TEXT MESSAGES FROM PIE, YOU CAN EMAIL HELP@PUMPKINPIE.COM OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL TEXT MESSAGES FROM PIE, YOU CAN EMAIL HELP@PUMPKINPIE.COM OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing texts is not a condition of any purchase on or use of the Service.

10.2. Push Notifications

When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.

10.3. Email

We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

Prohibited Conduct

BY USING THE SERVICE, YOU AGREE NOT TO:

11.1.

  • use the Service for any illegal purpose or in violation of any local, state, national, or international law;

11.2.

  • harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;

11.3.

  • violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

11.4.

  • access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Pie;

11.5.

  • interfere with security-related features of the Service, including by:
    • (i) disabling or circumventing features that prevent or limit use, printing or copying of any content