Terms of Service

1. Who we are

"PickUp", "we", "our" and "us" mean PickUp Inc., a company registered in the United States.

Contact: support@pickupjs.com

2. What these Terms cover

These Terms govern your access to and use of:

• The website at www.pickupjs.com and any subdomains
• PickUp web and mobile applications
• AutoApply (job search automation and submissions)
• All associated content, features and functionality

3. Key definitions

• Content: any text, graphics, audio, video, data or other materials in the Services, including AI Output.
• User Content: materials you upload or provide (e.g., CVs/résumés, job descriptions, prompts).
• Paid Services: fee-based features (subscriptions, credits, one-offs).
• AutoApply: job-application automation service.

4. Acceptance of Terms

By using any of our Services, you agree to these Terms and to our Privacy Policy. If you do not agree with either or both, please do not use our Services.

5. Eligibility & Accounts

You must be at least 18 years old to use our Services. If under 18, you must have parental/guardian consent. We do not knowingly collect data from children under 13. You must provide accurate information, keep it current, and safeguard your credentials at all times. You are responsible for all activity under your account and must notify us of any unauthorized use.

6. Privacy & Cookies

Our Privacy Policy explains how we collect, use, share and protect personal data.

7. Changes to Terms

We may modify these Terms from time to time. Material changes will be announced on the Website or via email at least 14 days before they take effect. Continued use after the effective date constitutes acceptance.

8. Communications & Marketing

We send service-related and transactional emails without your consent. For marketing emails, we require opt-in consent. You can unsubscribe at any time via the link in any marketing email or in your account settings.

9. Prices, Renewals & Refunds

Prices are in USD unless stated otherwise. Subscriptions renew automatically at the then-current rate unless cancelled at least 24 hours prior to the end of your subscription term.

Refund Policy: Except where required by law, fees are generally non-refundable. We may suspend or terminate your account for non-payment.

Technical Issues: Refunds may be granted if you report a reproducible and verified technical issue that materially prevents access to or proper use of the service. You must provide reasonable evidence and contact our support team first.

AutoApply Subscriptions: You are eligible for a full refund if you pause your queue and request a refund before more than 20 job applications have been processed. Once more than 20 applications have been processed, fees become non-refundable, except for unused credits at the end of your subscription period.

10. Acceptable Use

You must not:

• Infringe anyone's intellectual property rights
• Violate anyone's privacy rights
• Harass or promote hate/illegal content
• Introduce malware
• Scrape data at scale
• Reverse engineer our systems
• Misuse automation
• Misrepresent your identity, qualifications, right to work, or legally required disclosures

11. Fair Use & Operational Safeguards

To protect deliverability and platform health we may queue, batch, space, delay, reject or cap requests/outputs/submissions per hour/day/account and temporarily restrict specific providers/destinations at our discretion.

12. License to User Content; Feedback

You grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, process, adapt, publish and display User Content solely to operate, secure, improve and promote the Services. You retain all other rights. If you submit feedback, you grant us a perpetual, irrevocable license to use it without restriction.

13. Confidentiality

Each party will treat the other's non-public information as confidential and use it only to provide/receive the Services. This does not apply to information that is public, independently developed, or lawfully obtained from a third party without duty of confidence.

14. Intellectual Property

All Content (excluding User Content) is owned by us or our licensors and protected by IP laws. No rights are granted except as expressly set out. You may not copy, modify, distribute, sell, lease or create derivative works without our prior written consent.

15. AI Output; Screening & Detection

AI Output may be inaccurate, incomplete or out-of-date. It is provided "as is" for general informational purposes and is not professional, legal or career advice. You must verify accuracy and suitability before relying on or submitting it. Employers/platforms may use AI/bot-detection; we do not guarantee any outcome.

16. Third-Party Services & Platforms

The Services may link to or interoperate with third-party platforms (e.g., ATS/job boards). We do not control third-party content/availability/practices; access is at your risk and subject to their terms. Some platforms restrict automation or AI assistance; you are responsible for compliance. We are not liable if a platform suspends, limits or rejects submissions.

17. Security

We implement reasonable technical and organizational measures but cannot guarantee absolute security. From time to time we may provide beta/experimental features as-is; they may change or be withdrawn.

18. Not an Employment Agency; No Guarantees

We are software tooling, not an "employment agency" or "employment business" under applicable law; we do not introduce/supply workers or negotiate employment terms. We do not guarantee interviews, offers, outcomes or timelines.

19. Warranties; "As Is"

To the maximum extent permitted by law, the Services are provided "as is" and "as available" without warranties (express, implied or statutory), including merchantability, fitness for a particular purpose, accuracy or non-infringement.

20. Limitation of Liability

Exclusions: We are not liable for indirect, incidental, special, consequential, exemplary or punitive damages; loss of profits, revenue, goodwill, data or business; or errors in AI Output or matches, whether in contract, tort (including negligence) or otherwise, even if foreseeable.

Cap: Our total aggregate liability for direct losses is limited to the greater of $100 or the fees you paid for Paid Services in the 6 months preceding the event.

Non-excludable Liabilities: Nothing limits liability that cannot by law be limited (e.g., death/personal injury caused by negligence or fraud).

21. Indemnity

You will defend, indemnify and hold us harmless from claims, losses, damages, costs and expenses (including reasonable legal fees) arising out of: (i) your use of the Services; (ii) your User Content or AI Output you choose to rely on or submit; (iii) your breach of these Terms or of law; (iv) misrepresentations or unlawful information included in applications; and (v) your violation of third-party platform terms.

22. Arbitration and Waiver of Class Actions

Any dispute arising out of or relating to this Agreement or your use of the Services shall be resolved through binding arbitration on an individual basis. You and PickUp 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, collective, or representative proceeding.

23. Force Majeure

Neither party is liable for delay/failure caused by events beyond reasonable control (e.g., outages, cyberattacks, labor disputes, government action, epidemic, third-party platform changes).

24. Termination

We may suspend or terminate access at any time for breach, risk, non-payment or discontinuation. You may delete your account at any time. Provisions that by nature survive (including sections on privacy, payments, intellectual property, liability, and disputes) remain in force.

25. Changes to the Services

We may modify, suspend or discontinue any part of the Services. If we materially reduce core functionality of a Paid Service, we will give 30 days' notice and offer a pro-rata refund of prepaid fees if you cancel before the change takes effect.

26. Assignment

We may assign or transfer these Terms (in whole or part) to any affiliate or successor. You may not assign without our prior written consent.

27. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

28. Entire Agreement; Severability; Waiver

These Terms and referenced policies are the entire agreement. If any provision is unenforceable, the rest remain in force. Failure to enforce is not a waiver. Headings are for convenience only.

29. Contact

We may send notices to the email linked to your account and via the Website. For questions about these Terms, contact us at support@pickupjs.com.