Terms of Service

Effective Date: January 15, 2026

Welcome to Picksy (the "Service"), operated by Picksy LLC ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, applications, and services, including our wheel randomizer tool designed for sellers to run giveaways, raffles, and random distributions during live streams (e.g., for trading cards, sports cards, or other products). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet these requirements and have the legal capacity to enter into these Terms.

2. User Accounts and Authentication

Account Creation: You may create an account using your email and password or via third-party authentication (Google OAuth). You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

Accuracy: You agree to provide accurate, current, and complete information and to update it as necessary.

Account Security: Notify us immediately of any unauthorized use or security breach. We are not liable for losses from unauthorized account access.

3. Subscription Plans and Payments

Free and Paid Plans: We offer both free and paid subscription plans (Day Pass, Weekly, Monthly, and Yearly). Free users are limited to 3 wheels and 50 entries per wheel. Paid users enjoy additional features (e.g., unlimited wheels, advanced customization, higher upload limits).

Payment Processing: Payments are processed securely via Stripe. By subscribing, you authorize recurring charges (for Weekly, Monthly, or Yearly plans) unless you cancel.

Billing and Cancellation: Subscriptions auto-renew unless canceled before the next billing cycle. You can cancel anytime via account settings; no refunds are provided for partial periods.

Price Changes: We reserve the right to adjust pricing with 30 days' notice. Continued use after notice constitutes acceptance.

4. Use of the Service

Permitted Use

You may use the Service for lawful purposes, including running randomizers for giveaways, raffles, or personal decision-making. You may upload entry data (names, text) and files (CSV, Excel, images) within plan limits.

Prohibited Activities

You may not:

• Violate any laws, including gambling or lottery regulations in your jurisdiction.
• Upload malicious content (malware, viruses, scripts).
• Harass, abuse, or harm others.
• Reverse-engineer, decompile, or attempt to extract source code.
• Resell, redistribute, or white-label the Service without written permission.
• Use automated tools (bots, scrapers) to access the Service.
• Attempt to manipulate randomization outcomes (all randomization is server-side and uses cryptographically secure algorithms).

5. User Content and Data

Ownership: You retain ownership of content you upload (entries, files, configurations). By uploading, you grant us a non-exclusive, worldwide license to store, process, and display your content solely to provide the Service.

Responsibility: You are solely responsible for your content and must ensure it does not infringe third-party rights or violate laws.

Deletion: You can delete wheels, entries, or your account anytime. Deleted data is removed from active systems but may persist in backups for up to 90 days.

6. Intellectual Property

Our Rights: The Service, including its design, code, features, and branding, is owned by Picksy LLC and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or create derivative works without permission.

Feedback: If you provide suggestions or feedback, we may use it without obligation or compensation to you.

7. Disclaimers and Limitation of Liability

Service "As Is": The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted, error-free, or secure operation.

No Guarantee of Fairness: While we use cryptographically secure randomization (crypto.randomInt), we do not guarantee specific outcomes. Randomization is probabilistic; all entries have equal odds based on their assigned weights.

Limitation of Liability: To the maximum extent permitted by law, Picksy LLC, its officers, directors, employees, and affiliates are not liable for any indirect, incidental, consequential, or punitive damages (e.g., lost profits, data loss, business interruption) arising from your use or inability to use the Service, even if advised of the possibility.

Cap on Liability: Our total liability for any claim shall not exceed the amount you paid us in the 12 months preceding the claim (or $100 if no payment was made).

8. Indemnification

You agree to indemnify and hold harmless Picksy LLC from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising from: (a) your violation of these Terms, (b) your use of the Service, or (c) your uploaded content.

9. Termination

We may suspend or terminate your account at our sole discretion, without notice, for violations of these Terms, illegal activity, or prolonged inactivity. Upon termination, your right to use the Service ceases, and we may delete your data (subject to backups).

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of Delaware, USA, without regard to conflict-of-law principles. Any disputes shall be resolved in the state or federal courts located in Delaware. You waive any objection to venue or jurisdiction.

Arbitration (if applicable): For disputes under $10,000, you agree to binding arbitration under the American Arbitration Association rules, with arbitration conducted in Delaware or remotely. Class actions are waived.

11. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or in-app notice at least 30 days in advance. Continued use after changes take effect constitutes acceptance. If you disagree, you must stop using the Service.

12. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Picksy LLC.

Severability: If any provision is found invalid, the remaining provisions remain in effect.

No Waiver: Our failure to enforce any right does not waive that right.

Assignment: You may not assign these Terms; we may assign them without notice.

13. Contact Us

For questions or support, contact us at: support@picksy.live

By using Picksy, you acknowledge that you have read, understood, and agree to these Terms of Service.