1. Agreement, Eligibility, and Authority
By accessing, installing, or using BePicky, you acknowledge and agree to be bound by these Terms and Conditions, the Privacy Policy, and all additional policies or notices expressly incorporated by reference. If you do not accept these terms in full, you must immediately discontinue all access and use.
You represent and warrant that you have legal capacity to enter into binding agreements and, if acting on behalf of an organization, that you possess full authority to bind such organization to these terms.
2. Amendments and Continued Use
BePicky may revise these terms at any time in its sole discretion to reflect legal, technical, business, or security developments. Unless otherwise stated, amendments become effective upon publication. Continued use after publication constitutes legally binding acceptance of the revised terms to the extent permitted by law.
3. License Grant and Use Restrictions
Subject to strict compliance with these terms, BePicky grants a limited, revocable, non exclusive, non transferable, and non sublicensable right to access and use the service for lawful purposes only. No ownership right or implied license is granted.
Without limitation, you shall not copy, modify, reverse engineer, decompile, disassemble, translate, scrape, automate unauthorized extraction, circumvent safeguards, interfere with infrastructure, introduce malicious code, violate applicable law, infringe third party rights, or use the service in a fraudulent, abusive, or misleading manner. Any use outside the expressly granted scope constitutes material breach.
4. Accounts, Credentials, and Security Obligations
You are solely responsible for safeguarding account credentials and for all activities performed under your account, whether authorized by you or not. You must promptly notify BePicky of any suspected unauthorized access, compromise, or misuse. BePicky may impose authentication controls, account restrictions, or identity verification procedures where reasonably necessary for security, legal compliance, or abuse prevention.
5. User Content, Submissions, and License Back
To the extent you submit content through the service, you retain ownership subject to granting BePicky a worldwide, non exclusive, royalty free, transferable, and sublicensable license to host, reproduce, process, adapt, display, distribute, and otherwise use such content as reasonably necessary to provide, secure, improve, and lawfully operate the service. You represent and warrant that submitted content is lawful and does not violate rights of any third party.
Any feedback, suggestions, or improvement proposals may be used by BePicky without restriction, attribution, or compensation.
6. Third Party Services and External Dependencies
BePicky services may depend on third party software, platforms, application stores, advertising systems, analytics providers, and infrastructure vendors, including Google Play Services, AdMob, and Sentry. BePicky does not control and is not responsible for third party acts, omissions, data practices, terms changes, outages, or security incidents. Your use of third party components is subject to their own legal terms.
7. Service Availability, Modification, and Suspension Rights
BePicky may add, remove, modify, restrict, suspend, or discontinue any feature, interface, or service component at any time, with or without notice. BePicky provides no guarantee of uninterrupted service, permanent feature continuity, compatibility with all devices, or error free operation. You accept full responsibility for maintaining compatible devices, internet access, and required updates.
8. Informational Nature and Professional Disclaimer
Any outputs, classifications, compatibility assessments, ingredient interpretations, scores, or recommendations are provided for informational convenience only and do not constitute medical, nutritional, legal, or professional advice. You remain solely responsible for independent verification, label review, professional consultation, and all decisions made in reliance on service outputs.
9. Fees, Charges, and Payment Terms
Where paid offerings are made available, pricing, billing cadence, and payment terms are governed by the applicable purchase flow and platform rules. Unless expressly required by law or explicitly stated, all charges are non refundable. You are responsible for taxes, currency conversion, transaction fees, and any third party platform charges associated with your use.
10. Intellectual Property Reservation
All rights, title, and interest in and to BePicky services, including software, code, interfaces, databases, content structure, trade dress, and trademarks, are and remain the exclusive property of BePicky and its licensors. Except for the limited license expressly granted herein, no rights are conveyed by implication, estoppel, or otherwise.
11. Disclaimer of Warranties
To the maximum extent permitted by law, the service is provided on an "as is" and "as available" basis, and BePicky disclaims all representations and warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non infringement, reliability, availability, security, and accuracy.
12. Limitation of Liability
To the maximum extent permitted by law, BePicky and its affiliates, officers, directors, employees, contractors, licensors, and suppliers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of revenue, profits, goodwill, data, business opportunities, or anticipated savings, arising out of or relating to the service or these terms, even if advised of the possibility of such damages.
To the maximum extent permitted by law, aggregate liability for all claims arising from or relating to the service shall be limited to the greater of amounts paid by you to BePicky in the twelve months preceding the event giving rise to the claim, or USD 100. This limitation applies regardless of legal theory and notwithstanding failure of essential purpose.
13. Indemnification
You agree to defend, indemnify, and hold harmless BePicky and its affiliates from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising from or related to your use of the service, your submitted content, your breach of these terms, or your violation of law or third party rights.
14. Suspension, Termination, and Survival
BePicky may suspend, restrict, or terminate access immediately and without prior notice where reasonably necessary for security, legal compliance, policy enforcement, payment default, abuse prevention, or operational continuity. Upon termination, all granted rights cease immediately. Provisions that by their nature are intended to survive termination shall survive, including intellectual property, warranties disclaimer, liability limits, indemnification, dispute provisions, and interpretive clauses.
15. Governing Law, Venue, and Dispute Procedure
These terms are governed by the laws applicable to the service operator's principal place of business, excluding conflict of law principles, except where mandatory consumer protections prescribe otherwise. You agree to attempt good faith informal resolution prior to formal proceedings. Where lawful, disputes shall be brought on an individual basis and not as part of any class, collective, or representative action.
16. Severability, Waiver, Assignment, and Entire Agreement
If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect. No delay or failure to enforce any right constitutes waiver. You may not assign any rights or obligations under these terms without prior written consent. These terms, together with incorporated policies, constitute the entire agreement concerning the subject matter herein and supersede prior or contemporaneous understandings to the extent permitted by law.
17. Contact
For legal notices or inquiries regarding these Terms and Conditions, contact [email protected].
Effective date: 2024-07-31.