By creating an account or otherwise using PickPlanDate (“Service,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree, do not use the Service.
To use PickPlanDate you must:
By using the Service you represent and warrant that all of the above conditions are met. If we discover that any condition is not met, we may terminate your account immediately without notice.
PickPlanDate is a social coordination platform that helps consenting adults discover, connect with, and plan in-person or virtual dates with other users. You understand and agree that:
The Service is provided as a coordination tool only. Any decision to meet, communicate with, or enter into any relationship with another user is made entirely at your own discretion and risk.
You agree to provide accurate, current, and complete information when creating or updating your account. You may not impersonate any person or entity or misrepresent your identity, age, or affiliation with any person or organization.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at [email protected] of any unauthorized use of your account or any other security breach.
You retain ownership of any content you submit to the Service, including photos, text, and profile information (“User Content”). By posting User Content, you grant PickPlanDate a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, and distribute that content solely to operate and improve the Service.
You represent that you own or have all rights necessary to grant this license and that your User Content does not infringe any third-party rights or violate any applicable law.
PickPlanDate may remove any User Content for any reason, at any time, with or without notice, at our sole discretion.
PickPlanDate does not verify the identity, age, background, or intentions of any user. We do not conduct criminal background checks, sex-offender registry checks, identity verification, or reference checks on any user, and we make no representations or warranties as to the conduct or character of any user.
Photos, profile information, and statements made by users are the sole responsibility of those users. PickPlanDate makes no warranty—express, implied, or statutory—as to the accuracy, completeness, or truthfulness of any user’s profile, photos, or representations.
You are solely responsible for evaluating any other user before agreeing to meet, communicate, or interact with them. Exercise your own judgment and take all reasonable precautions. If you have concerns about another user, use the in-app reporting tools or contact [email protected].
Meeting strangers carries inherent risk. By using PickPlanDate to arrange in-person meetings, you acknowledge and accept this risk. PickPlanDate is not responsible for any harm—physical, emotional, financial, or otherwise—that arises from any interaction between users, or at any venue chosen by users, whether or not that interaction was facilitated by the Service.
You agree to take all reasonable precautions when meeting another user, including but not limited to:
PickPlanDate is not a party to any meeting you arrange through the Service and assumes no responsibility for the actions, omissions, or safety of any user or venue.
You may not use PickPlanDate to:
Users may report suspected violations using in-app reporting tools or by emailing [email protected].
PickPlanDate reserves the right, but not the obligation, to investigate reports. We may suspend or terminate accounts, remove content, and take any other action we deem appropriate, at any time, with or without notice, and without liability to any user.
The PickPlanDate platform—including its software, design, interface, trademarks, service marks, and brand elements—is owned by PickPlanDate and is protected by applicable intellectual property laws. You may not use our trademarks or branding without our prior written consent.
You retain ownership of your User Content subject to the license granted in Section 4.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PICKPLANDATE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, SECURITY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR FREE OF OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED FROM PICKPLANDATE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PICKPLANDATE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING LOSS OF DATA, LOSS OF PROFITS, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS (U.S. $100.00), OR (B) THE TOTAL AMOUNT YOU ACTUALLY PAID TO PICKPLANDATE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not permit the exclusion of certain warranties or the limitation of certain damages, so the above exclusions and limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless PickPlanDate and its officers, directors, employees, agents, and licensors from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another person or entity.
Either party may terminate your account at any time. You may delete your account through your account settings. PickPlanDate reserves the right to suspend or terminate your access to the Service with or without notice, and without liability, for any reason, including violation of these Terms.
Upon termination, your right to use the Service immediately ceases. Sections 5, 6, 9, 10, 11, 12, 15, and 16 survive termination of these Terms.
If you believe that content on PickPlanDate infringes your copyright, please send a written notice to our designated agent that complies with 17 U.S.C. § 512(c)(3):
Counter-notices may be submitted to the same address per 17 U.S.C. § 512(g)(3). We respond to valid notices and may terminate the accounts of repeat infringers.
Please read this section carefully — it affects your legal rights.
Before initiating any formal dispute, you agree to first contact PickPlanDate at [email protected] with a written description of the dispute and the relief sought, and allow 30 days for us to attempt informal resolution.
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved by final, binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, except as otherwise provided below. The arbitration shall be conducted on an individual basis only.
YOU AND PICKPLANDATE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED PROCEEDING, OR REPRESENTATIVE ACTION.
Arbitration fees shall be allocated per AAA Consumer Arbitration Rules. Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.
Opt-out: You may opt out of this arbitration agreement by sending an email to [email protected] with the subject “Arbitration Opt-Out” within 30 days of first creating your PickPlanDate account. Opting out does not affect any other provision of these Terms.
These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of Texas, United States of America, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas, for any action that is not subject to arbitration. Arbitration, where required by these Terms, shall be administered by the American Arbitration Association (“AAA”) under its applicable consumer rules, with the seat of arbitration in Travis County, Texas.
We may modify these Terms at any time. We will provide notice of material changes by email or by posting a notice on the Service. The date of the most recent revision appears at the top of this page. Your continued use of the Service after such notice constitutes your acceptance of the updated Terms.
These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and PickPlanDate regarding the Service and supersede all prior agreements. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect. Our failure to enforce any provision does not constitute a waiver of our right to enforce it in the future. You may not assign your rights or obligations under these Terms without our prior written consent. PickPlanDate may assign these Terms freely.
For questions about these Terms, contact us at [email protected].