Legal

Terms of Service

Last updated: 2026-09-15

1. Acceptance and Eligibility

These Terms of Service (the "Terms") form a binding agreement between you and Sean McCarren, trading as PickaDay ("PickaDay", "we", "us", or "our"), governing your access to and use of the PickaDay web and mobile application and related services (collectively, the "Services"). By using the Services you agree to be bound by these Terms. If you do not agree, do not use the Services. You represent that you are at least thirteen (13) years old; individuals aged 13 to 17 may only use the Services with the consent of a parent or legal guardian who accepts responsibility for the minor's use.

2. Definitions

• "PickaDay", "we", "us", or "our" means Sean McCarren trading as PickaDay.
• "User", "you", or "your" means the natural person accessing or using the Services.
• "Content" means any poll title, description, date option, note, display name, vote, comment, or other material submitted or displayed through the Services.
• "Services" means the PickaDay app, the website https://pickaday.net, and any related features provided by PickaDay.

3. The Service

PickaDay lets you create date polls, share them by link, and vote on the proposed dates. There are no accounts or sign-ups. You are responsible for the display name you enter and for the content you submit. Polls are reached by a long, unguessable link; anyone with the link can view and respond to the poll, so only share it with people you intend to invite.

4. Licence Grant

Subject to your compliance with these Terms, we grant you a personal, revocable, non-exclusive, non-transferable, and non-sublicensable licence to use the Services solely for their intended purpose. All rights not expressly granted are reserved. You must not copy, modify, distribute, publicly perform, reverse engineer, decompile, scrape, or create derivative works from the Services except to the extent such restrictions are prohibited by applicable law.

5. User Content

You may submit Content such as poll details, display names, votes, and comments. You retain ownership of your Content and grant PickaDay a worldwide, royalty-free, non-exclusive licence to host, reproduce, display, and otherwise use it solely to operate and improve the Services. You represent and warrant that you have all rights necessary to submit the Content and that it does not infringe or violate any third-party rights or applicable law. Do not submit confidential information: a poll link is a shared secret.

6. Acceptable Use

You agree not to:

• engage in cheating, automation, scripting, scraping, or exploitation of bugs or vulnerabilities;
• attempt to enumerate, guess, or access polls you were not given a link to, or interfere with other users' polls;
• submit or display Content that is unlawful, defamatory, obscene, hateful, harassing, or otherwise objectionable;
• impersonate other people or misrepresent your identity on a poll;
• interfere with or disrupt servers, networks, security features, or access controls, or use the Services in a way that imposes an unreasonable load.

We reserve the right to investigate suspected violations and may remove Content or restrict access where we reasonably believe these Terms have been breached.

7. Availability and Updates

The Services require an active internet connection. Availability may be affected by network outages, device constraints, or third-party service interruptions. We may modify, suspend, or discontinue any feature or the entire Services at any time without liability, subject to applicable consumer-protection laws. The Services are currently provided free of charge.

8. Third-Party Services

The Services rely on third-party infrastructure, including Google Firebase (Cloud Firestore) and Cloudflare. Your use of the Services is also subject to those providers' terms where applicable:

• Firebase Terms of Service
• Cloudflare Terms of Service

9. Disclaimers

The Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that polls and responses will be preserved. You are responsible for keeping any information you need elsewhere.

10. Limitation of Liability

To the maximum extent permitted by law, PickaDay shall not be liable for any indirect, incidental, consequential, special, or punitive damages, or for loss of profits, revenues, data, goodwill, or other intangible losses arising out of or in connection with your use of the Services. Our aggregate liability for all claims arising out of or relating to the Services shall not exceed the greater of (a) EUR 10 or (b) the total amounts you paid to us, if any, in the six (6) months preceding the event giving rise to the liability. These limitations do not exclude liability for intentional misconduct, gross negligence, or any matter for which liability cannot be excluded under applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless PickaDay from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms or your misuse of the Services.

12. Termination

You may stop using the Services at any time. We may suspend or terminate your access if you materially breach these Terms, if we discontinue the Services, or if required by law. Sections that by their nature should survive termination shall remain in force.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Netherlands. Any dispute arising out of or relating to the Services or these Terms shall be submitted to the exclusive jurisdiction of the competent courts in Amsterdam, The Netherlands. Mandatory consumer-protection laws in your country of residence may grant you additional rights.

14. Changes to the Terms

We may amend these Terms from time to time. When we do, we will update the "Last updated" date above. Your continued use of the Services after the effective date of the revised Terms constitutes acceptance of the changes.

15. Contact

Questions or concerns regarding these Terms can be sent to mccarrenapps@gmail.com.

These Terms are intended to comply with applicable law and do not limit any non-waivable statutory rights you may have.