1. Acceptance of Terms
Welcome to Picnyk. These Terms of Service ("Terms") govern your access to and use of the Picnyk website, mobile applications, and services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms.
If you do not agree to these Terms, please do not use the Platform.
2. Description of Service
Picnyk is a technology platformthat connects customers ("Customers" or "you") with independent service providers ("Vendors") for event-related services including but not limited to photography, catering, entertainment, floral arrangements, and event coordination.
Important Notice:
Picnyk does not provide event services directly. All services are provided by independent Vendors who are not employees or agents of Picnyk. Picnyk serves as a marketplace to facilitate connections between Customers and Vendors.
3. User Accounts
To use certain features of the Platform, you must create an account. You agree to:
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Promptly update any changes to your information
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
4. Booking and Payment
4.1 Booking Process
When you book a Vendor through Picnyk, you enter into a direct agreement with that Vendor. Picnyk facilitates this transaction but is not a party to the service agreement between you and the Vendor.
4.2 Payment
Payment is processed through our secure payment system (powered by Stripe). By making a booking, you authorize us to charge your payment method for the total amount, which includes:
- Vendor's service fee
- Platform service fee
- Applicable taxes
4.3 Escrow
Payments are held in escrow and released to the Vendor after successful completion of the service.
5. Cancellations and Refunds
Cancellation policies vary by Vendor. Each Vendor's cancellation policy is displayed on their profile and at the time of booking. Generally:
- Flexible: Full refund if cancelled 24+ hours before the event
- Moderate: Full refund if cancelled 5+ days before; 50% refund if cancelled 24+ hours before
- Strict: 50% refund if cancelled 7+ days before; no refund within 7 days
Platform service fees may be non-refundable. In cases of Vendor no-show or significant service failure, contact us for a full refund review.
6. Customer Responsibilities
As a Customer, you agree to:
- Provide accurate event details and requirements
- Communicate promptly with Vendors
- Ensure a safe and appropriate environment for service delivery
- Disclose relevant information (allergies for food service, content restrictions for performers, etc.)
- Treat Vendors with respect and professionalism
- Pay for services as agreed
- Provide honest reviews and feedback
7. Assumption of Risk
You acknowledge and agree that:
- Events involve inherent risks that cannot be eliminated
- Vendors are independent contractors, not Picnyk employees
- Picnyk cannot guarantee the quality, safety, or legality of services
- You assume responsibility for verifying Vendor qualifications for your needs
- You are responsible for supervising activities at your event
Special Notice for Food Services:
If you book a culinary professional, you must disclose all food allergies and dietary restrictions. You assume the risk of allergic reactions if you fail to disclose relevant information.
Special Notice for Entertainment:
Performer content is rated by Vendors. You are responsible for verifying that content is appropriate for your event and guests. For events with minors, confirm family-friendly content restrictions with your Vendor.
Special Notice for Beverage Services:
Bartender services are BYOB - you provide all alcohol. You are responsible for ensuring legal service to guests of legal drinking age and for the conduct of intoxicated guests.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICNYK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- LOSS OF PROFITS OR ANTICIPATED SAVINGS
- LOSS OF DATA OR CONTENT
- PERSONAL INJURY OR PROPERTY DAMAGE
- SERVICE INTERRUPTIONS OR FAILURES
- ACTIONS OR OMISSIONS OF VENDORS
- UNAUTHORIZED ACCESS TO YOUR ACCOUNT
PICNYK'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO PICNYK IN THE 12 MONTHS BEFORE THE CLAIM; OR (B) $100.
9. Indemnification
You agree to indemnify and hold harmless Picnyk and its affiliates from any claims, damages, or expenses arising from:
- Your use of the Platform
- Your violation of these Terms
- Your violation of any rights of third parties
- Disputes between you and Vendors
10. Dispute Resolution
10.1 Disputes with Vendors
Disputes with Vendors should be resolved directly with the Vendor. If you cannot resolve a dispute, contact Picnyk support for mediation assistance. Picnyk's mediation is non-binding.
10.2 Disputes with Picnyk
Any dispute with Picnyk shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. You waive the right to participate in class actions.
11. Prohibited Conduct
You agree not to:
- Provide false or misleading information
- Circumvent the Platform to avoid fees
- Harass, threaten, or discriminate against Vendors
- Use the Platform for illegal activities
- Attempt to access other users' accounts
- Post false reviews or manipulate ratings
- Scrape or collect data from the Platform
12. Modifications
We may modify these Terms at any time. Material changes will be communicated via email or Platform notification. Continued use after changes constitutes acceptance of modified Terms.
13. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
14. Contact
For questions about these Terms:
Picnyk, Inc.
Email: support@picnyk.com
Legal: legal@picnyk.com