PLATFORM TERMS OF USE
These terms apply to every Contractor, Provider, administrator, representative, and other person who accesses or uses Pick’d.
1. Acceptance; Business Authority
By creating an account, checking an acceptance box, clicking an acceptance button, submitting a request or quote, accepting a quote, authorizing payment, or otherwise using Pick’d, the user agrees to the then-current agreements presented for that role.
Each individual represents that the individual is at least 18 years old, has authority to bind the identified business, and is using Pick’d for lawful business purposes. The business is responsible for all actions taken through its accounts and credentials.
2. Marketplace Role; No Employment or Service Relationship
Pick’d provides technology that allows independent Contractors and Providers to locate one another, exchange project information, communicate, submit and evaluate quotes, create work records, and process payments. Pick’d is not a party to the underlying crane-rental or service contract except with respect to Pick’d’s own platform rights and fees.
Pick’d does not own, operate, inspect, select, maintain, dispatch, or control cranes, equipment, operators, rigging, job sites, lift plans, means and methods, safety programs, permits, schedules, pricing, or performance. Pick’d is not an employer, staffing agency, joint employer, carrier, construction manager, general contractor, engineer, rigger, lift director, broker, insurer, fiduciary, lender, escrow agent, or guarantor.
3. Accounts; Verification; Security
Pick’d may require identity, business, insurance, licensing, banking, ownership, tax, sanctions, or payment information and may use Finix or other service providers to verify it. Verification is for platform risk management and does not constitute an endorsement, warranty, safety inspection, credit recommendation, or guarantee.
Users must keep account information accurate, protect credentials, promptly report suspected unauthorized use, and cooperate with reasonable fraud, compliance, and security reviews. Pick’d may delay, restrict, suspend, or terminate access while reviewing risk or incomplete information.
4. Acceptable Use
Users may not commit fraud; misstate capabilities, insurance, availability, pricing, site conditions, weights, radii, clearances, or other material facts; upload malicious code; scrape or reverse engineer the platform; interfere with security; impersonate another person; misuse personal information; or use Pick’d in violation of law, contract, sanctions, card-network, Finix, safety, or intellectual-property requirements.
5. Quotes, Work Orders, and Contract Formation
A request for quote is an invitation for Providers to submit proposals and is not an offer, reservation, or promise of work. Each Provider must include or attach its rental and service terms to every quote. Before accepting a quote or scheduling the job, Contractor must be able to review those Provider terms and affirmatively agree to them through Pick’d. A quote is not binding until that acceptance is recorded and incorporated into the resulting work order or service record.
The accepted quote, work order, Provider rental and service terms attached to the quote, Contractor terms, attachments, and documented changes form the job agreement between Contractor and Provider. If they conflict, the more specific accepted job record controls between Contractor and Provider, but it does not waive Pick’d’s platform fee, payment authorization, intellectual-property rights, disclaimers, or other platform protections.
6. Communications and Records
Users consent to electronic records, notices, and signatures. Pick’d may retain job records, quote history, acceptance logs, messages, files, payment status, and audit information for operations, compliance, dispute handling, security, and legal obligations.
Users must preserve safety-critical and contract-critical communications in the applicable job record. Pick’d may access communications when reasonably necessary for support, safety, fraud review, disputes, legal compliance, or enforcement of the agreements.
7. Intellectual Property and Platform Protection
Pick’d and its licensors own the platform, software, designs, workflows, forms, matching logic, prompts, taxonomies, databases, documentation, branding, content, and improvements, excluding user-owned job materials. No right is granted except the limited, revocable right to use the platform for its intended business purpose.
Users may not copy, clone, reproduce, publish, commercialize, decompile, reverse engineer, scrape, train a competing system on, or create derivative or competing products from protected Pick’d materials, workflows, data structures, or nonpublic functionality. General industry knowledge and a user’s pre-existing materials remain that user’s property.
8. Confidentiality
Nonpublic quotes, customer information, pricing, project details, plans, files, messages, payment information, business methods, and platform documentation received through Pick’d must be used only for the applicable job or platform relationship and protected with reasonable care. Confidentiality does not cover information lawfully public, already known without duty, independently developed, or lawfully received from another source.
9. Anti-Circumvention
A user may not use Pick’d to identify or develop a relationship and then move the same or substantially related opportunity off platform for the purpose of avoiding a disclosed Pick’d fee. For 24 months after the first platform introduction for that relationship, transactions arising from that introduction must be documented and paid through Pick’d unless Pick’d gives written approval.
This clause does not prohibit legitimate pre-existing relationships documented before the Pick’d introduction, general advertising, or work independently sourced without use of Pick’d information. A breaching party may owe the platform fees Pick’d would have earned, reasonable audit costs, and any other lawful remedy.
10. Suspension and Termination
Pick’d may restrict or terminate an account for nonpayment, suspected fraud, safety concerns, legal or processor requirements, repeated complaints, inaccurate credentials, misuse, chargeback risk, or breach. Suspension does not eliminate amounts already owed, payment authorizations, confidentiality, intellectual-property protections, indemnity, dispute terms, or other provisions intended to survive.
11. Disclaimers
THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICK’D DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SAFETY, QUALITY, AND RESULTS.
PICK’D DOES NOT GUARANTEE A USER, QUOTE, PRICE, AVAILABILITY, PAYMENT, JOB, CRANE SELECTION, LIFT PLAN, SCHEDULE, WEATHER OUTCOME, SITE CONDITION, REGULATORY COMPLIANCE, OR PERFORMANCE. USERS MUST MAKE THEIR OWN BUSINESS, CREDIT, ENGINEERING, EQUIPMENT, RIGGING, SAFETY, AND LEGAL DECISIONS.
12. Limitation of Pick’d Liability
To the maximum extent permitted by law, Pick’d will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages; service interruption; loss of data; bodily injury; death; property damage; delay; job-site loss; equipment damage; or a user’s acts or omissions arising from the underlying job or another user’s conduct.
Except for liability that cannot lawfully be limited, Pick’d’s aggregate liability arising from a claim will not exceed the greater of $100 or the platform fees actually retained by Pick’d from the claimant’s transactions during the six months before the event giving rise to the claim.
13. Indemnification
Each user will defend, indemnify, and hold harmless Pick’d and its owners, officers, employees, agents, and service providers from third-party claims, losses, fines, penalties, damages, and reasonable legal fees arising from that user’s business, personnel, equipment, job site, services, content, payment obligations, legal violations, negligence, misconduct, breach, or infringement.
14. Governing Law; Disputes
Before filing a claim against Pick’d, the claimant must send a written description and requested resolution to [email protected] and allow 30 days for informal resolution. Unless law requires otherwise, Illinois law governs and exclusive venue lies in the state or federal courts serving DeKalb County, Illinois. Each party waives a jury trial to the extent legally permitted.
15. Changes; Assignment; Severability; Entire Agreement
Pick’d may update these terms prospectively with notice appropriate to the change. Continued use after the effective date constitutes acceptance when permitted; material changes may require renewed affirmative acceptance. Users may not assign their agreements without Pick’d’s written consent. Pick’d may assign in connection with financing, reorganization, or sale. Invalid provisions are enforced to the maximum lawful extent, and the remainder continues in effect.
16. Notices
Legal notices to Pick’d must be sent to Pickd AI LLC, 967 Hamilton Dr, Sycamore, IL 60178, with an electronic copy to [email protected]. Pick’d may notify users through the account, platform, or email address on file. Operational support messages sent only through chat do not constitute legal notice unless Pick’d confirms otherwise.
CONTRACTOR SERVICES AND PAYMENT AGREEMENT
These terms apply to the business requesting crane rental or related services through Pick’d (the Contractor).
1. Job Information and Site Responsibility
Contractor must provide complete and accurate dates, locations, access restrictions, weights, radii, heights, obstructions, ground and setup conditions, rigging needs, schedules, hazards, and other information reasonably needed to quote and perform the work. Contractor must promptly disclose changes.
Contractor is responsible for lawful site control, access, permits and traffic control assigned to it, underground and overhead hazard information, utility locates, ground-bearing information, exclusion zones, coordination with other trades, and a work environment suitable for the Provider’s services, except to the extent the accepted work order expressly assigns an item to Provider.
2. Independent Selection of Provider
Contractor independently evaluates quotes and selects a Provider. Rankings, matching, credentials, reviews, and status indicators are informational and do not replace Contractor’s due diligence. Contractor must verify that the selected Provider, equipment, personnel, insurance, and proposed work plan are suitable for the job.
3. Quote Acceptance and Changes
Before accepting a quote and scheduling a job, Contractor must review and affirmatively agree to the Provider’s rental and service terms attached to that quote. Contractor’s recorded acceptance forms the job agreement with Provider and authorizes the work order and applicable payment terms. Additions, delays, overtime, standby, mobilization, permits, traffic control, rigging, special equipment, cancellations, and changed conditions may create additional charges when documented in the work order, approved change, field ticket, or other accepted job record.
4. Payment Authorization
Contractor authorizes Finix and Pick’d to process the Invoice Amount, approved adjustments, taxes, lawful late charges, and, when Contractor selects an eligible credit card, the separately disclosed 3% Credit Card Surcharge. Contractor also authorizes permitted refunds, reversals, and related adjustments. Contractor is responsible for maintaining a valid payment method and sufficient funds.
Contractor acknowledges that Provider is the seller and merchant for the underlying services. Pick’d’s 7.5% platform fee is deducted from Provider’s settlement and is not added to the Invoice Amount. The Credit Card Surcharge is a separate payment-method charge, is not part of the Invoice Amount, and is not part of Pick’d’s platform fee.
5. Payment Methods and Processing Costs
If Contractor selects an eligible credit card, a 3% Credit Card Surcharge will be added to the Invoice Amount, subject to Finix enablement and applicable law and card-network limits. The surcharge will be separately disclosed before authorization together with the final total. Contractor may choose a non-surcharged payment method or cancel the payment before authorization. No surcharge applies to ACH, debit cards, or prepaid cards.
Pick’d bears the standard Finix processing cost for ACH and any supported debit or prepaid-card payment. The 3% Credit Card Surcharge is applied toward standard processing costs for eligible credit-card payments. Standard payment-processing costs do not reduce Provider’s 92.5% service-proceeds allocation. Provider remains responsible for refunds, required surcharge refunds, reversals, chargebacks, returns, disputes, and the related processor costs as stated in the Provider Agreement and Payment and Fee Policy.
6. Invoice Review and Disputes
Contractor must review each invoice promptly and submit a specific written dispute through the applicable job record within seven calendar days after receipt, unless a longer period is required by law or stated in the accepted work order. Undisputed amounts remain due. Pick’d may facilitate communications but does not adjudicate engineering, safety, quality, scope, or contract claims and does not guarantee a refund.
7. Payment Timing and Late Amounts
Payment is due according to the accepted work order or invoice, including any upfront or Net-30 term displayed before acceptance. If the accepted documents authorize it and applicable law permits, an unpaid balance may incur a 5% late charge beginning 30 days after its due date and an additional 5% for each later 30-day period, capped at the maximum lawful amount. Pick’d may suspend the account until all undisputed amounts are paid.
8. Cancellations, Delays, and Weather
Cancellation, standby, mobilization, rescheduling, and weather charges are governed by the accepted quote and work order. Contractor should request rescheduling before cancellation when feasible. Any automated weather indicator is informational; the Provider and responsible site personnel retain authority over safe operation and lawful shutdown decisions.
9. Safety and Stop-Work Authority
Nothing on Pick’d directs or overrides a competent person’s, operator’s, lift director’s, rigger’s, signal person’s, engineer’s, Provider’s, or Contractor’s safety responsibility. Provider personnel may stop work for unsafe conditions. Contractor may also stop work, but resulting charges depend on the accepted work order and responsibility for the condition.
10. Contractor Indemnity
Contractor will defend, indemnify, and hold harmless Pick’d from claims arising from Contractor’s job information, site, personnel, contractors, access, coordination, payment default, legal violations, negligence, or breach, except to the extent finally determined to result from Pick’d’s own non-waivable liability.
Contractor Acceptance
The Contractor agrees that electronic acceptance through Pick’d has the same effect as a signature and confirms acceptance of the Platform Terms, this Contractor Agreement, the Payment and Fee Policy, the Privacy and Data Addendum, and each accepted job record.
PROVIDER / MERCHANT SERVICES AGREEMENT
These terms apply to each crane rental company or other service provider offering services through Pick’d (the Provider or Merchant).
1. Independent Provider; Merchant Status
Provider is an independent business and the seller and merchant responsible for the services it quotes, invoices, and performs. Provider is not Pick’d’s employee, agent, franchisee, joint venturer, or representative and has no authority to bind Pick’d.
Provider controls its personnel, equipment, rates, acceptance decisions, means and methods, safety program, dispatch, and performance, subject to applicable law and the accepted work order.
2. Qualifications, Insurance, and Compliance
Provider must continuously maintain all licenses, registrations, permits, operator qualifications, inspections, certifications, insurance, workers’ compensation, tax accounts, union compliance when applicable, safety programs, and other requirements for its business and each job. Provider must promptly upload current evidence and notify Pick’d of expiration, cancellation, material restriction, or enforcement action.
Provider must comply with OSHA and other applicable crane, rigging, employment, transportation, environmental, accessibility, privacy, payment, and construction requirements. Pick’d’s onboarding review does not assume or reduce Provider’s duties.
3. Quotes and Availability
Provider must submit accurate, complete quotes that disclose base rates, portal-to-portal treatment, minimums, overtime, standby, travel, mobilization, permits, traffic control, rigging, special equipment, taxes, cancellation terms, and material exclusions. Provider must attach its applicable rental and service terms to every quote. Those attached terms must be presented to and accepted by Contractor before the quote can be accepted and the job scheduled. Provider may not advertise a false price or unavailable equipment to secure contact.
4. Performance and Job Records
Provider is responsible for equipment selection, load-chart use, engineering judgments, lift planning assigned to Provider, personnel qualifications, inspections, dispatch, field tickets, signatures, and accurate completion records. A Pick’d suggestion or field value is not engineering advice or authorization to proceed.
5. Platform Fee
Provider will pay Pick’d a uniform platform fee equal to 7.5% of the Invoice Amount for every transaction arising through Pick’d. The Invoice Amount means the total amount approved and invoiced for Provider’s services, job charges, and applicable taxes, but excludes the separate Credit Card Surcharge. No provider-specific platform-fee rate applies under this version.
Provider irrevocably authorizes Pick’d and Finix to deduct and allocate the platform fee from transaction proceeds before settlement. Pick’d’s platform fee is earned for providing the marketplace and transaction opportunity and is not a payment-processing fee, pass-through Finix charge, or shared processor revenue unless Pick’d separately agrees in writing.
6. Processing-Fee Allocation and Provider Loss Responsibility
Pick’d bears the standard Finix processing cost for ACH and any supported debit or prepaid-card payment. For an eligible credit-card payment, Contractor pays the separately disclosed 3% Credit Card Surcharge, which is applied toward standard card-processing costs. If standard processing costs exceed the permitted surcharge or cannot lawfully be passed to Contractor, Pick’d bears the difference. Standard payment-processing costs do not reduce Provider’s 92.5% service-proceeds allocation.
Provider is solely responsible for every refunded or reversed Invoice Amount; every Credit Card Surcharge amount required to be returned to Contractor; and all processor fees, penalties, retrieval fees, chargeback fees, return fees, dispute costs, failed-payment costs, negative balances, and other amounts arising from a refund, reversal, return, dispute, or chargeback. Provider authorizes Finix and Pick’d to deduct those amounts from Provider’s current or future settlement, linked account, reserve, or other amounts payable to Provider. If Finix assesses or withdraws a Provider-responsible amount from Pick’d, Provider must reimburse Pick’d on demand, and Pick’d may offset that amount against future Provider proceeds.
7. 3% Credit Card Surcharge; No ACH or Debit Surcharge
When Contractor selects an eligible credit card, Pick’d and Finix may add a Credit Card Surcharge equal to 3% of the Invoice Amount, but never more than the amount permitted by applicable law, card-network rules, or Provider’s cost of credit-card acceptance. The surcharge must be separately disclosed before authorization and shown on the transaction record. Contractor must be allowed to choose a non-surcharged method or cancel before authorization. No surcharge applies to ACH, debit cards, or prepaid cards.
Provider authorizes Pick’d and Finix to implement the compliant Credit Card Surcharge through Provider’s merchant account and will cooperate with any required notices, registration, or account enablement. Provider may not add any other unauthorized payment-method charge through Pick’d. The surcharge is not Provider service proceeds and is not Pick’d’s 7.5% platform fee.
8. Settlement Calculation
For each successfully completed and settled transaction, Provider Net Settlement equals 92.5% of the Invoice Amount. Standard ACH, credit-card, debit-card, or prepaid-card processing costs do not reduce that 92.5% allocation.
Provider Net Settlement may be reduced by Provider-responsible refunds, required surcharge refunds, reversals, disputes, chargebacks, returns, reserves, negative balances, and other authorized loss-related adjustments. Pick’d’s 7.5% platform fee is earned and is not reduced or refunded because of those events unless Pick’d expressly approves a credit in writing or applicable law requires otherwise.
Settlement timing is controlled by Finix, banking networks, risk review, and the applicable merchant account. Pick’d does not guarantee a settlement date and may delay allocation when required for fraud, compliance, disputes, refunds, reserves, or legal process.
9. Refunds, Disputes, Chargebacks, and Negative Balances
Provider is responsible for service-related refunds and payment disputes. The related Pick’d platform fee is nonrefundable unless Pick’d expressly approves a credit in writing or applicable law requires otherwise. When a credit-card payment is refunded, the Credit Card Surcharge must also be refunded in full or proportionally, as applicable. Provider is responsible for the refunded Invoice Amount, the required surcharge refund, and all chargeback, dispute, return, reversal, and related processor costs even if Contractor initiated the claim.
Provider must promptly provide records requested for a dispute. Pick’d may submit information but does not control Finix, the card network, issuing bank, or ACH outcome. Provider must immediately fund a negative balance and authorizes lawful recovery from linked accounts and future proceeds.
10. Taxes
Provider is responsible for determining, collecting, reporting, and remitting taxes arising from its services, personnel, equipment, or income. Pick’d may collect or report information when legally required but does not provide tax advice and does not assume Provider’s tax obligations.
11. Insurance and Claims
Provider must maintain insurance appropriate to its operations and the accepted work, with limits and endorsements required by law, contract, or Pick’d’s onboarding standards. Provider’s insurance is primary for Provider’s operations. Pick’d’s insurance, if any, does not cover Provider’s cranes, operators, employees, subcontractors, completed operations, or job-site liability.
12. Provider Indemnity
Provider will defend, indemnify, and hold harmless Pick’d from claims arising from Provider’s equipment, personnel, operators, subcontractors, quotes, services, invoices, taxes, payment account, safety decisions, legal violations, negligence, or breach, except to the extent finally determined to result from Pick’d’s own non-waivable liability.
13. Records and Audit
Provider must maintain transaction, quote, job, safety, insurance, tax, and payment records required by law and these agreements. Pick’d may reasonably audit records limited to platform transactions, credentials, fee calculations, anti-circumvention, complaints, payment disputes, and compliance. Provider must cooperate without disclosing privileged or unrelated confidential information.
Provider Acceptance
Provider expressly authorizes the uniform 7.5% platform-fee split; the compliant 3% Credit Card Surcharge; Pick’d responsibility for standard ACH and other non-surcharged processing costs; Provider responsibility for refunds, required surcharge refunds, reversals, chargebacks, returns, disputes, and related costs; lawful deductions and offsets; and electronic acceptance of the Platform Terms, this Provider Agreement, the Payment and Fee Policy, the Privacy and Data Addendum, and each accepted job record.
PAYMENT AND FEE POLICY
This policy is incorporated into the Contractor and Provider agreements and should match the Finix configuration and checkout disclosures exactly.
1. Transaction Flow
| Component |
Treatment |
| Invoice Amount |
The total amount approved and invoiced for Provider services, job charges, and applicable taxes. It excludes the separate Credit Card Surcharge. |
| Pick’d allocation |
7.5% of the Invoice Amount. The rate is uniform; no provider-specific rate applies under this version. |
| Provider service proceeds |
92.5% of the Invoice Amount on a successfully completed and settled transaction, before Provider-responsible refund, reversal, chargeback, return, dispute, reserve, or negative-balance adjustments. |
| Credit card |
Contractor pays the Invoice Amount plus a separately disclosed 3% Credit Card Surcharge when using an eligible credit card. The surcharge is applied toward standard card-processing costs and does not reduce Provider’s 92.5% allocation. |
| ACH |
Contractor pays the Invoice Amount. No surcharge applies. Pick’d bears standard Finix ACH processing costs; Provider receives 92.5% before Provider-responsible loss adjustments. |
| Debit / prepaid |
If supported, Contractor pays the Invoice Amount. No surcharge applies. Pick’d bears standard processing costs; Provider receives 92.5% before Provider-responsible loss adjustments. |
2. Illustrative Settlement Examples
The examples below use a $10,000 Invoice Amount. The Credit Card Surcharge is calculated separately and is not part of the Invoice Amount or Pick’d platform fee. Standard processing costs do not reduce Provider’s 92.5% allocation.
| Method |
Contractor pays |
Pick’d platform fee |
Credit Card Surcharge |
Provider settlement |
| ACH |
$10,000 |
$750 |
$0 |
$9,250 |
| Eligible credit card |
$10,300 |
$750 |
$300 |
$9,250 |
| Debit / prepaid (if supported) |
$10,000 |
$750 |
$0 |
$9,250 |
3. Fee Authorization
Provider authorizes the split, surcharge implementation, and deductions described in this policy. Contractor authorizes the total amount shown at checkout, including the separately disclosed 3% Credit Card Surcharge when an eligible credit card is selected. No amount may be processed until Contractor has received the Invoice Amount, payment-method choice, any surcharge amount, and final total and has had an opportunity to choose another method or cancel.
4. Payment-Method and Processing-Fee Allocation
An eligible credit-card payment carries a 3% Credit Card Surcharge, subject to applicable legal, card-network, cost, and Finix limits. No surcharge applies to ACH, debit cards, or prepaid cards. Pick’d bears standard ACH and other non-surcharged processing costs. Standard processing costs do not reduce Provider’s 92.5% allocation. Provider bears refunds, required surcharge refunds, reversals, chargebacks, returns, disputes, and the related processor costs.
5. Refund Allocation
Refunds and reversals will be allocated as Finix permits and as the applicable agreements require. A full credit-card refund must include the full Credit Card Surcharge, and a partial refund must include the proportional surcharge amount required by card-network rules. Processor fees may be nonrefundable. Provider remains responsible for the refunded or reversed Invoice Amount, required surcharge refund, and related processor costs. Pick’d’s earned 7.5% platform fee is nonrefundable unless Pick’d approves a credit in writing or applicable law requires otherwise.
6. Reserves and Setoff
Provider authorizes commercially reasonable reserves, delays, and setoff when Finix or Pick’d reasonably determines that chargeback, fraud, refund, compliance, or negative-balance risk exists. Any reserve administration must remain consistent with the Finix program and applicable law.
7. Fee Changes
The uniform platform fee is 7.5% under this version, and no provider-specific rate applies. Pick’d may change future platform or payment-method fees prospectively with advance notice and any renewed acceptance required by law or contract. A change does not alter a previously accepted job unless the affected user expressly agrees. Any future surcharge remains subject to applicable law, card-network rules, Finix requirements, and cost-based caps.
8. Statements and Reconciliation
Pick’d should provide or make available transaction records showing the Invoice Amount, any Credit Card Surcharge, Pick’d platform fee, known processing costs, refunds, adjustments, and Provider settlement. Provider must report a suspected statement error within 30 days after availability, without limiting non-waivable rights.
PRIVACY AND DATA ADDENDUM
1. Information Collected
Pick’d may collect account and contact information; business, ownership, credential, insurance, tax, and compliance information; job, quote, work-order, file, message, and signature records; device, log, cookie, and usage information; support and dispute records; and payment-related identifiers and status. Full payment credentials may be collected directly by Finix rather than stored by Pick’d.
2. Uses
Pick’d may use information to operate accounts and jobs; match Contractors and Providers; process and reconcile payments; verify businesses; communicate; secure the platform; prevent fraud; support users; improve features; enforce agreements; comply with law; and establish, exercise, or defend legal rights.
3. Sharing
Information may be shared with the Contractor or Provider involved in a job; Finix, banks, card networks, and payment partners; hosting, security, analytics, communications, support, storage, legal, insurance, and professional-service vendors; authorities when legally required; and parties to a financing, reorganization, or sale subject to appropriate protections.
4. User Content and Files
Users grant Pick’d a limited license to host, copy, transmit, display, and process user content only as needed to operate, secure, support, improve, and enforce the platform. Users represent they have rights to upload the content and must not upload unnecessary sensitive personal, health, export-controlled, or privileged information.
5. Retention and Security
Pick’d may retain information for active accounts, transactions, legal obligations, disputes, fraud prevention, accounting, backups, and enforcement. Pick’d will use reasonable administrative, technical, and organizational safeguards but cannot guarantee absolute security. Users must protect accounts and promptly report incidents.
6. Choices and Requests
Users may request access, correction, or deletion by contacting [email protected]. Pick’d may verify identity and may retain information required for contracts, payment records, taxes, safety, fraud prevention, disputes, or law. Marketing communications should include an opt-out, while operational and legal messages may continue.
7. Illinois and U.S. Operations
The platform is initially intended for U.S. business use. If Pick’d expands geography, introduces targeted advertising, sells or shares data as defined by privacy law, uses biometric data, or serves minors or consumers outside the approved scope, counsel must update the privacy program before the change launches.
ELECTRONIC RECORDS AND SIGNATURES CONSENT
This consent applies to electronic agreements, notices, job records, signatures, and transactions conducted through Pick’d.
1. Consent to Electronic Transactions
By creating an account, checking a box, selecting an acceptance button, submitting or accepting a quote, scheduling a job, authorizing a payment, or otherwise using Pick’d, the user consents to conduct business electronically and to use electronic records and signatures. Each individual represents that the individual is authorized to bind the identified business.
2. Electronic Delivery
Pick’d may provide agreements, fee schedules, disclosures, notices, transaction records, invoices, receipts, and other records through the platform or by email. The user must maintain a current email address and the hardware and software reasonably necessary to access, download, and retain those records.
3. Legal Effect
An electronic check, click, selection, submission, authorization, or other recorded act has the same legal effect as a handwritten signature to the fullest extent permitted by law. Transaction-specific acceptance binds the applicable business to the accepted quote, the Provider’s attached rental and service terms, the Pick’d work order or service record, documented changes, and payment authorization presented for that transaction.
4. Records and Evidence
Pick’d may retain the agreement title, full text or cryptographic hash, immutable version identifier, user and business identifiers, role, date and time, internet protocol address, device and browser information, authentication event, exact checkbox or button language, job, quote, invoice, and transaction identifiers, and an immutable copy or hash of the Provider terms attached to an accepted quote.
The user agrees that Pick’d’s electronic records may be used as evidence of notice, presentation, authorization, acceptance, and transaction history, subject to applicable law.
5. Changes and Re-Acceptance
Pick’d may require renewed electronic acceptance when it makes a material change to an applicable agreement. A future change applies prospectively after any required notice or acceptance and does not alter a previously accepted job unless the affected user expressly agrees.
6. Withdrawal of Consent
A user may contact [email protected] to withdraw consent for future electronic transactions. Withdrawal does not affect the validity of prior transactions or records that Pick’d must retain. Because Pick’d operates electronically, withdrawal may prevent continued platform use and may require account closure.
7. Contact
Questions about electronic records or this consent may be sent to Pickd AI LLC at [email protected].
