Effective Date: March 19, 2025
Welcome to PickFlick! These Terms of Service ("Terms") govern your use of PickFlick's websites, applications, embeddable widgets, media streaming services, and all related services (collectively, the "Services") provided by PickFlick GmbH and its affiliates ("PickFlick," "we," "us," or "our").
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our Services.
By creating an account, downloading our software, embedding our widgets, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. These Terms constitute a legally binding agreement between you and PickFlick.
PickFlick provides comprehensive media management and streaming services that allow you to:
To use certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account information.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to suspend or terminate accounts that we believe have been compromised.
You must be at least 13 years old to use our Services. If you are under 18, you may only use our Services with the involvement and consent of a parent or guardian. By using our Services, you represent and warrant that you meet these age requirements.
We reserve the right to terminate or suspend accounts that violate these Terms or for any other reason at our sole discretion. Upon termination, your right to use the Services will cease immediately.
You agree not to use our Services to:
You retain ownership of any content you upload, store, or share through our Services ("Your Content"), including M3U/XML files and personal media collections. By using our Services, you grant us a limited, non-exclusive, worldwide license to host, store, and serve Your Content solely for the purpose of providing the Services to you. You represent and warrant that you have all necessary rights to grant this license.
Our Services, including but not limited to software, text, graphics, logos, design elements, widgets, APIs, and all related intellectual property, are owned by PickFlick and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our content without our express written permission.
Our Services may include content from third parties, including streaming content providers. We do not endorse or assume responsibility for any third-party content, and you access it at your own risk. You are responsible for ensuring you have the right to access and stream any third-party content. We are not liable for any claims arising from third-party content.
We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been used inappropriately, please contact us at copyright@pickflick.xyz with the required information. We will respond to legitimate DMCA takedown requests in accordance with applicable law.
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.
PickFlick Pass is our premium subscription service that provides additional features and capabilities, including advanced streaming options, priority support, enhanced widget customization, and exclusive content access. Subscription terms and pricing are subject to change with notice. All subscriptions are billed in advance on a recurring basis.
You agree to pay all fees associated with your subscription. Payments are processed by third-party payment processors, and you agree to their terms and conditions. All fees are non-refundable except as required by law or as otherwise specified in these Terms. We reserve the right to change our pricing with 30 days' notice.
You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. No refunds will be provided for partial billing periods. Upon cancellation, you will lose access to premium features at the end of your current billing period.
We may offer free trials for premium services. Free trials automatically convert to paid subscriptions unless cancelled before the trial period ends. You may be required to provide payment information to start a free trial.
You may embed PickFlick widgets on your website or application in accordance with our embedding guidelines. You agree not to modify, reverse engineer, or attempt to circumvent any security measures in our widgets. You are responsible for ensuring your use of widgets complies with these Terms and applicable laws.
When embedding our widgets, you must maintain any attribution requirements as specified in our embedding documentation. You may not remove or obscure any PickFlick branding or attribution without our written permission.
We reserve the right to limit or restrict widget usage if we determine that such usage violates these Terms or is harmful to our Services. We may implement rate limiting or other technical measures to ensure fair usage of our widgets.
We provide support for our widgets as described in our documentation. We are not responsible for issues arising from modifications to our widgets or integration with third-party systems.
We may provide APIs for integration with our Services. API access is subject to these Terms and any additional API-specific terms we may provide. You agree to use APIs responsibly and in accordance with our rate limits and usage guidelines.
We reserve the right to modify, suspend, or discontinue API access at any time. We may implement rate limiting, authentication requirements, or other restrictions to ensure fair usage and system stability.
We strive to provide reliable Services but cannot guarantee uninterrupted access. We may temporarily suspend or modify the Services for maintenance, updates, security patches, or other reasons. We will provide reasonable notice of planned maintenance when possible.
We reserve the right to modify, suspend, or discontinue any part of our Services at any time. We will provide reasonable notice of material changes that affect your use of the Services. Your continued use of the Services after such changes constitutes acceptance of the new terms.
We may offer beta features or experimental functionality. These features are provided "as is" and may be unstable or incomplete. We make no guarantees about the availability or functionality of beta features.
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICKFLICK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
The limitations of liability in this section are fundamental to our agreement and would be substantially different without them. These limitations apply even if we have been advised of the possibility of such damages.
You agree to indemnify and hold harmless PickFlick and its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Services, violation of these Terms, or infringement of any third-party rights. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.
You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Upon termination, your right to use the Services will cease immediately.
We may terminate or suspend your account and access to the Services immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. We may also terminate accounts that are inactive for extended periods.
Upon termination, your right to use the Services will cease immediately. We may delete your account and data, though we may retain certain information as required by law or for legitimate business purposes. Any provisions of these Terms that by their nature should survive termination shall remain in effect.
These Terms shall be governed by and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California. You and PickFlick agree to waive any right to a jury trial or to participate in a class action lawsuit.
Notwithstanding the above, either party may bring claims in small claims court if the claims qualify and are brought in the appropriate jurisdiction.
We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on our website and updating the "Effective Date" at the top of this page. Your continued use of the Services after such changes constitutes acceptance of the new Terms. If you do not agree to the new Terms, you must stop using our Services.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. The invalidity of any provision shall not affect the validity of the remaining provisions.
These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and PickFlick regarding your use of the Services. These Terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and PickFlick.
We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, fire, labor disputes, government actions, or technical failures.
You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations under these Terms to any party at any time without notice to you.
If you have any questions about these Terms, please contact us at:
Email: legal@pickflick.xyz
Address: PickFlick GmbH, Legal Department
123 Media Street, Tech District
San Francisco, CA 94105, USA
Phone: +1 (555) 123-4567
Last updated: March 19, 2025
These Terms of Service are effective as of the date listed above.