Terms of Service

Last Updated: January 11, 2025

1. Agreement to Terms

By accessing and using the Pickup mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). The App is operated by Big Boy Apps LLC ("we", "our", or "us"). If you do not agree to these Terms, do not use the App.

2. Description of Service

Pickup is a mobile application that helps users find and organize pickup sports games at local parks. The App allows users to:

  • Create and join pickup sports games
  • Discover local parks and sports facilities
  • Connect with other sports enthusiasts through park and game chats
  • Share photos and media in community chats
  • Track game participation and statistics

3. User Accounts

Registration

To use Pickup, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials.

Age Requirement

You must be at least 18 years old to use Pickup. By creating an account, you represent and warrant that you are 18 years of age or older. We do not knowingly permit users under 18 to create accounts. During registration, you must confirm you are 18 or older.

Account Security

You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized use at [email protected].

4. User Conduct

You agree to use Pickup in a respectful and lawful manner. You will not:

  • Harass, abuse, threaten, or harm other users
  • Post false, misleading, defamatory, or offensive content
  • Use the App for any illegal purpose or to violate any laws
  • Impersonate others or create fake accounts
  • Spam or send unsolicited messages
  • Interfere with the App's operation, security, or infrastructure
  • Collect other users' information without consent
  • Post or share content related to child sexual abuse and exploitation (CSAE)
  • Attempt to reverse engineer, decompile, or disassemble the App
  • Use automated systems (bots, scrapers) to access the App
  • Violate any applicable local, state, national, or international law

5. Child Safety and Content Moderation

We maintain a zero-tolerance policy for child sexual abuse and exploitation (CSAE) content. Any violation will result in immediate account termination, permanent ban, and reporting to the National Center for Missing & Exploited Children (NCMEC) and law enforcement.

We use automated AI-powered content moderation (OpenAI Moderation API) to monitor user-generated content and investigate reports of inappropriate behavior. For our full child safety standards, please see our Child Safety Standards.

6. Game Participation

Safety

Participation in pickup games is at your own risk. Big Boy Apps LLC is not responsible for injuries, accidents, disputes, or any harm that occurs during games or meetups arranged through the App. You should exercise caution when meeting people through the App.

Liability

We do not verify the identity, background, or credentials of users. You are solely responsible for your interactions with other users and for taking appropriate safety precautions. Always meet in public places and inform someone of your plans.

Cancellations

Game organizers may cancel or modify games at any time. We are not responsible for cancellations, changes, or disputes arising from games organized through the App.

7. Content and Intellectual Property

Your Content

You retain ownership of content you post (photos, comments, messages, etc.). By posting content to the App, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform your content in connection with operating and providing the App and our services.

You represent and warrant that:

  • You own or have the necessary rights to post your content
  • Your content does not violate any third-party rights (copyright, trademark, privacy, etc.)
  • Your content complies with these Terms and applicable laws

Our Content

The App and its original content, features, functionality, and design are owned by Big Boy Apps LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our services or software without our express written permission.

8. Privacy

Your use of Pickup is also governed by our Privacy Policy. Please review it to understand how we collect, use, and protect your information.

9. Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violating these Terms, for fraudulent or illegal activity, or for any other reason at our sole discretion. Upon termination:

  • Your right to use the App will immediately cease
  • We may delete your account and content
  • You will lose access to all App features and data

You may delete your account at any time through the App settings or by contacting us at [email protected]. See our Privacy Policy for information about data retention after account deletion.

10. Disclaimers and Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that the App will be uninterrupted, secure, or error-free
  • Warranties regarding the accuracy, reliability, or completeness of content
  • Warranties that defects will be corrected or that the App is free of viruses or harmful components

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the App, and we will not be a party to or in any way monitor any transaction between you and third-party providers.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIG BOY APPS LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, data, or use
  • Personal injury or property damage
  • Business interruption
  • Loss of goodwill or reputation

ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Big Boy Apps LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the App or violation of these Terms
  • Your violation of any third-party rights, including intellectual property or privacy rights
  • Your content or any content you post through the App
  • Your interactions with other users or participation in games
  • Any allegation that your content violates any law or regulation

13. Dispute Resolution and Arbitration

Informal Resolution

Before filing a claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the American Arbitration Association's Consumer Arbitration Rules. The arbitration will be conducted in a location mutually agreed upon.

Class Action Waiver

YOU AND BIG BOY APPS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Exceptions

Either party may bring a lawsuit in court in the following situations:

  • To enforce or protect intellectual property rights
  • For claims of piracy, privacy violations, or unauthorized access
  • For injunctive relief in cases of immediate harm

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on this page with a new "Last Updated" date
  • Sending an in-app notification or email for significant changes
  • Requiring you to accept the new Terms before continuing to use the App

Your continued use of the App after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the App.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and Big Boy Apps LLC regarding your use of the App and supersede all prior agreements and understandings.

18. Contact Information

If you have questions about these Terms, please contact us at:

Big Boy Apps LLC
Email: [email protected]
General Support: [email protected]