Last Updated: June 16, 2025
Welcome, and thank you for your interest in Pie Labs, PBC (“Pie,” “we,” or “us”) and our website at www.getpie.app, along with our related websites, mobile or other downloadable applications, and other services provided by us (collectively, the “Services”). These Terms of Service are a legally binding contract between you and Pie regarding your use of the Services.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING PIE’S PRIVACY POLICY, FEES AND PAYMENTS POLICY, AND COMMUNITY GUIDELINES, WHICH ARE INCORPORATED BY REFERENCE (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES. YOUR USE OF THE SERVICES, AND PIE’S PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY PIE AND BY YOU TO BE BOUND BY THESE TERMS.
YOU AGREE TO RECEIVE TEXTS FROM OR ON BEHALF OF PIE AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS WILL INCLUDE INVITATIONS OR UPDATES TO EVENTS AS WELL AS PROMOTIONAL CONTENT AND SOLICITATIONS. YOU UNDERSTAND AND AGREE THAT THESE TEXTS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY.
Except for certain kinds of disputes described in Section 18 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND PIE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
We offer a platform for people to make plans (“Events”) and use our application to invite other people and promote the Events. We make it easier for people to spend time with each other by decreasing the friction for people who want to make plans. By using our platform and the Services, you agree to comply with our Community Guidelines. Our Community Guidelines govern how all users are expected to compose themselves while using the Services, including any part of the Services, even if it is just browsing or creating a profile. We also have specific rules for those who attend an event (“Joiners”) as well as those who host events (“Hosts” or “Creators”; referred to collectively throughout these terms as “Hosts”).
You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
To access most features of the Services, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, phone number, birth date, profile picture, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at support@pumpkinpie.com .
The Services are currently free to download and browse, but there may be costs or fees associated with hosting or attending Events or other services. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms. You are responsible for paying all fees that you owe to Pie.
Hosts who wish to charge for ticket sales or other services will be required to set up a payments account through Pie’s payment processor, Stripe. Please see Pie’s Fees and Payments Policy for more information.
Subject to your complete and ongoing compliance with these Terms, Pie grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
Except and solely to the extent such a restriction is impermissible under applicable law, you may not:
We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant Pie an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
The Services are owned and operated by Pie. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services provided by Pie (“Materials”) are protected by intellectual property and other laws. All Materials included in the Services are the property of Pie or its third-party licensors. Except as expressly authorized by Pie, you may not make use of the Materials. There are no implied licenses in these Terms and Pie reserves all rights to the Materials not granted expressly in these Terms.
You acknowledge that there are risks associated with using the Services and interacting with other users in person, and that you are voluntarily using the Services. While we expect all users to comply with our Community Guidelines, we do not pre-screen or verify the Events posted on the Services, nor do we pre-screen, investigate, or verify any user’s reputation, conduct, morality, or criminal background. You agree that we are not obligated to do so. However, we reserve total discretion and the right to conduct screenings of or inquiries into any of our users or their Events, as well as take action against content or accounts violating our Terms of Services, including our Community Guidelines. You agree that you interact with any other person you connect with on or via the Services, including organizing or attending Events, at your own risk and discretion and that you will take all reasonable precautions when interacting with them, including online or in person, particularly when meeting a stranger in person for the first time.
You release us from all liability relating to your interactions with other users, whether online or in person. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. It is possible that other users may attempt to physically harm or defraud you or obtain information from you for fraudulent purposes. Please report any suspicious behavior to us at support@pumpkinpie.com and do your part to comply with these Terms of Service and our Community Guidelines. You are solely responsible for, and assume all risks related to, your use of the Services, conduct on the Services, and all online and offline interactions with any other person you connect with on or via the Services, including interactions in connection with organizing or attending an Event.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY USER OR EVENT, THE INFORMATION ABOUT ANY USER OR EVENT, OR ANY LINKED WEBSITES IN AN EVENT. FURTHER, WE DO NOT GUARANTEE THAT THE SERVICES WILL BE ABLE TO CONNECT YOU WITH ANY OTHER USER(S) OR EVENT(S), THAT OTHER USERS MAY ATTEND ANY EVENT(S) YOU ORGANIZE VIA THE SERVICES, OR THAT YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS.
Pie may provide tools through the Services that enable you to export information, including User Content, to third-party services, such as Instagram or WhatsApp. By using one of these tools, you hereby authorize that Pie to transfer that information to the applicable third-party services. Third-party services are not under Pie’s control, and, to the fullest extent permitted by law, Pie is not responsible for any third-party service’s use of your exported information. The Services may also contain links to third-party websites. Linked websites are not under Pie’s control, and Pie is not responsible for their content. Please be sure to review the terms of use and Privacy Policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Pie will have no control over the information that has been shared.
The Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Services are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
Certain features of the Services may permit users to submit, upload, or otherwise transmit (“Post”) content to the Services, including messages, chats, reviews, photos, images, links, folders, data, text, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Services, subject to the licenses granted in these Terms.
By Posting User Content to or via the Services, you grant Pie a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Services. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Pie’s exercise of the license set forth in this Section.
By attending Events, you acknowledge and agree that you may be photographed, filmed, or otherwise recorded. You grant Pie the right to use, reproduce, distribute, and display these images and recordings in any and all media, including for promotional and marketing purposes. If you do not wish to be photographed or recorded, please inform the Host upon arrival and avoid camera-visible areas as designated.
If you Post a photograph or image to the Services that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Services, Facebook, Instagram, TikTok, and X, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.
You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Pie disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Services. By providing User Content via the Services, you affirm, represent, and warrant to us that:
We expect all users to comply with these Terms of Service and our Community Guidelines. We encourage users to report violating behavior to us, which we will investigate, as appropriate. Please understand, however, that we do not pre-screen users or content and cannot make any guarantees that users of the Services will not encounter harmful or violating behavior or content. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Pie may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Services, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Pie with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Pie does not permit infringing activities on the Services.
Pie does not control and does not have any obligation to monitor:
(a) User Content;
(c) the use of the Service by its users.
You acknowledge and agree that Pie reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Pie may commence an arbitration proceeding.
If you commence arbitration in accordance with these Terms, Pie will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules.
You agree that Pie and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Services, as well as marketing messages. Text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING TEXT MESSAGES FROM PIE, YOU CAN EMAIL support@pumpkinpie.com OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL TEXT MESSAGES FROM PIE, YOU CAN EMAIL support@pumpkinpie.com OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICES. You may continue to receive text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing texts is not a condition of any purchase on or use of the Services.
When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.
We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
BY USING THE SERVICES, YOU AGREE TO COMPLY WITH THESE TERMS OF SERVICE AND OUR COMMUNITY GUIDELINES. YOU ALSO AGREE NOT TO:
access, search, or otherwise use any portion of the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Pie;
interfere with security-related features of the Services, including by:
interfere with the operation of the Services or any user’s enjoyment of the Services, including by:
Pie respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Services to do the same. Infringing activity will not be tolerated on or through the Services.
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Services, you may contact our Designated Agent at the following address: Pie Labs PBC Attn: Legal Department (IP Notification) 306 W Erie St, Suite 300, Chicago, IL 60654; Email: support@pumpkinpie.com
If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
Pie’s policy is to: (a) remove or disable access to material that Pie believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Services; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Services by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Pie will terminate the accounts of users that are determined by Pie to be repeat infringers. Pie reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
If you receive a notification from Pie that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Pie with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Pie’s Designated Agent through one of the methods identified in Section 12.2 (DMCA Notification), and include substantially the following information:
If you submit a Counter Notification to Pie in response to a Notification of Claimed Infringement, then Pie will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Pie will replace the removed User Content or cease disabling access to it in 10 business days, and Pie will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Pie’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Pie’s system or network.
The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Pie] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Pie reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Services. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Services. Except as expressly permitted in this Section 14 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
16.1. THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PIE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PIE DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PIE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
16.2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR PIE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING EVENT INFORMATION, WILL CREATE ANY WARRANTY REGARDING ANY OF THE PIE ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES AND YOUR DEALING WITH ANY OTHER SERVICES USER OR THIRD PARTY, INCLUDING IN CONNECTION WITH ORGANIZING OR ATTENDING AN EVENT. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
16.3. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 16 (DISCLAIMERS; NO WARRANTIES BY PIE) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Pie does not disclaim any warranty or other right that Pie is prohibited from disclaiming under applicable law.
17.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PIE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PIE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
17.2. EXCEPT AS PROVIDED IN SECTIONS 18.5 (COMMENCING ARBITRATION) AND 18.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PIE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PIE FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.
17.3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17.4 TO THE FULLEST EXTENT PERMITTED BY LAW, PIE SHALL NOT BE HELD LIABLE FOR ANY LOSS, INJURY, ILLNESS, DAMAGE, OR EXPENSE SUSTAINED BY PARTICIPANTS ATTENDING IN-PERSON EVENTS, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE EVENT. THIS INCLUDES, WITHOUT LIMITATION, LIABILITY FOR PROPERTY DAMAGE, PERSONAL INJURY, OR ANY OTHER CLAIMS ARISING FROM PARTICIPATION, TRAVEL TO/FROM THE EVENT, OR THE ACTIONS OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR ATTENDANCE AT IN-PERSON EVENTS IS VOLUNTARY AND AT YOUR OWN RISK. PIE MAKES NO WARRANTIES OR GUARANTEES REGARDING THE SAFETY, ACCESSIBILITY, OR SUITABILITY OF ANY VENUE OR EVENT-RELATED SERVICE.
18.1. Generally. Except as described in Section 18.2 (Exceptions) and 18.3 (Opt-Out), you and Pie agree that every dispute arising in connection with these Terms, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PIE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18.2. Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
18.3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to [Company Full Legal Name], Attention: Legal Department – Arbitration Opt-Out, 306 W Erie St, Suite 300, Chicago, IL 60654, that specifies: [your full legal name, the email address associated with your account on the Services, and a statement that you wish to opt out of arbitration] (“Opt-Out Notice”). Once Pie receives your Opt-Out Notice, this Section 18 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 19.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
18.4. Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Pie.
18.5. Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Pie’s address for Notice is: Pie Labs, PBC, 306 W Erie St, Suite 300, Chicago, IL 60654. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Pie may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Pie will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
18.6. Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or Pie must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
18.7. Arbitration Relief. Except as provided in Section 18.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Pie before an arbitrator was selected, Pie will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties , except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
18.8 No Class Actions. YOU AND PIE 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and Pie agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
18.9 Modifications to this Arbitration Provision. If Pie makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Pie’s address for Notice of Arbitration, in which case your account with Pie will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
18.10. Enforceability. If Section 18.8 (No Class Actions) or the entirety of this Section 18 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Pie receives an Opt-Out Notice from you, then the entirety of this Section 18 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.2 (Governing Law) will govern any action arising out of or related to these Terms.
Miscellaneous
These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Pie regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
19.2. Governing Law. These Terms are governed by the laws of the State of Illinois without regard to conflict of law principles. You and Pie submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Cook County, Chicago for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Services from our offices in Chicago, and we make no representation that Materials included in the Services are appropriate or available for use in other locations.
19.3. Privacy Policy. Please read the Pie Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Pie Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
19.4. Additional Terms. Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
19.5. Consent to Electronic Communications. By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policyto learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
19.6. Contact Information. The Services are offered by Pie Labs, PBC, located at 306 W Erie St, Suite 300; Chicago, IL 60654. You may contact us by sending correspondence to that address or by emailing us at support@pumpkinpie.com .
19.7. Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
19.8. No Support. We are under no obligation to provide support for the Services. In instances where we may offer support, the support will be subject to published policies.
19.9. International Use. The Services are intended for visitors located within the United States. We make no representation that the Services are appropriate or available for use outside of the United States. Access to the Services from countries or territories or by individuals where such access is illegal is prohibited.
This Section 20 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Pie only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.