Terms of Service

By accessing, browsing, creating an account on, or otherwise using Pick & Partner (“the Platform”, “we”, “us”, “our”) in any way, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all of these Terms, please do not use the Platform. These Terms constitute a legally binding agreement.

If we modify these Terms at any time, we will post the revised Terms at this URL and update the “Last updated” date. Your continued use of the Platform after a modification constitutes your acceptance of the updated Terms. If you do not agree to a modification, you can raise your concerns at picknpartner@gmail.com, or you may delete your account from Profile & Settings.

Pick & Partner is a platform that facilitates introductions between newsletter creators for the purpose of cross-promotional partnerships. Creators browse other creators, send partnership requests directly, and agree terms between themselves; we provide the tools for discovery, coordination, and click tracking. We are not a party to any partnership, agreement, or transaction between users. We make no representations about the suitability, reliability, quality, or outcome of any partnership arranged through the Platform. The Platform is an intermediary within the meaning of the Information Technology Act, 2000.

Pick & Partner is free to use, and we will keep it running for as long as we are able to. We may modify, suspend, or discontinue the Platform or any feature of it, temporarily or permanently — for example if a feature is not working as intended, or if the cost or effort of running it grows beyond what we can carry. If we ever reach a point where we are no longer able to operate the Platform, we may have to close it down. We are not liable to you or to any third party for any such modification, suspension, or discontinuation.

Why this clause exists — Everything shown on a creator’s profile is information that creator gave us themselves. We may suggest creators who look like a good fit and give you options to choose from, but every final decision — who you send a request to, and whether a request is accepted or rejected — rests with you and the other creator. What a promotion actually delivers comes down to the newsletter it runs in: its click-through rate, its subscriber count, and how many readers it reaches. Those are things we neither control nor see, so we cannot promise an outcome that depends on them.

• You must be at least 18 years of age to use the Platform.
• You must have a functioning newsletter with a minimum of 100 active subscribers. Subscriber counts are self-reported. Providing false information is a material breach of these Terms.
• You must provide accurate, current, and complete information during registration.
• One account per newsletter. If you publish more than one newsletter, you may create a separate account for each and switch between them within the Platform. Creating more than one account for the same newsletter, or creating an account in someone else’s name, is not allowed.
• You represent that you have the authority to enter into these Terms and that doing so does not violate any other agreement you are party to.

By accepting a partnership on the Platform, you agree to:

• Deliver as committed. Send your partner’s promotion to your audience on or near the agreed send date using the Platform-issued tracking link.
• Use the brief accurately. Base your promotional copy on your partner’s brief. Do not misrepresent, alter, or omit material aspects of their newsletter.
• Submit proof of delivery. Provide a URL to the published issue after sending.
• Confirm delivery. Verify and confirm when your partner submits proof of their promotion.

The Platform applies the following operational limits: a maximum of three active partnerships at any time; one reschedule per participant per partnership; and a maximum of three cancellations in any rolling 90-day period. We may send reminders before and after a send date, and we may suspend or restrict accounts that repeatedly fail to submit proof of delivery. Failing to deliver on an accepted partnership without notice is a breach of these Terms.

Why this clause exists — Cross-promotion only works if both sides actually send. These limits exist to protect the creator on the other side of your partnership from being left with nothing after they have already promoted you.

Please do not use the Platform to:

• Misrepresent your subscriber count, open rate, audience quality, or any other metric.
• Promote spam, illegal content, fraudulent schemes, or misleading offers.
• Artificially inflate click counts on any tracking link by any means.
• Create fake accounts, impersonate any person or entity, or misrepresent your affiliation.
• Attempt to probe, scan, reverse-engineer, scrape, or disrupt the Platform or its infrastructure.
• Harvest, collect, or store personal data about other users from the Platform.
• Redirect tracking links to any destination other than your newsletter’s own signup page.
• Harass, threaten, defame, or harm any other user of the Platform.
• Publish or promote content that is defamatory, obscene, paedophilic, invasive of another’s privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, or otherwise unlawful.
• Publish or promote content that infringes any patent, trademark, copyright, or other proprietary right.
• Publish information that is patently false or misleading, impersonates another person, or threatens the unity, integrity, defence, security, or sovereignty of India, public order, or friendly relations with foreign States.
• Transmit any software virus, malware, or other code designed to interrupt, destroy, or limit the functionality of any computer resource.
• Do anything that violates applicable local, national, or international law.
• Attempt to circumvent, disable, or interfere with any security-related feature of the Platform.

We may investigate a suspected violation and take the action we reasonably consider appropriate, including suspending or terminating the account involved and, where a matter appears to involve criminal conduct, reporting it to the relevant authorities.

You retain ownership of all content you submit to the Platform (“User Content”), including briefs, copy, images, and newsletter materials. By submitting User Content, you grant Pick & Partner a worldwide, royalty-free, non-exclusive licence to host, store, display, reproduce, and distribute that content solely as necessary to operate the Platform and provide the service to you and your partnership counterparties.

Scope of this licence. Any sublicence is limited to the infrastructure providers listed in our Privacy Policy — hosting, storage, and email delivery — acting on our instructions and only for the purposes above. The licence does not extend to using your User Content in our own marketing or promotional materials, to training machine-learning models, or to sale or licensing to any third party.

Your profile information. Your newsletter name, subscriber count, niche, and the other details on your profile are shown to other creators so they can find you and decide whether to partner with you, and we may use them to suggest you to creators looking for a match. That is the service itself: it exists to put your newsletter in front of potential partners and grow your reach. We do not use these details for our own promotion, or for any purpose other than running the Platform.

Termination of this licence. This licence terminates when you delete the content or your account. The only exceptions are copies already delivered to a partnership counterparty as part of a completed or in-progress partnership, and routine encrypted backups, which expire on our ordinary backup cycle.

Keep your own copies. The Platform is not a backup or storage service. Please keep your own copies of any brief text or images you upload. To the fullest extent permitted by applicable law, we are not liable for the loss, deletion, or corruption of User Content, whether that arises from a fault in the Platform, an outage or error at one of our infrastructure providers, or a deletion you carry out yourself. Section 11 applies to any such claim.

You represent and warrant that: (a) you own or have the necessary rights to all User Content you submit; (b) your User Content does not infringe the intellectual property, privacy, or other rights of any third party; and (c) your User Content complies with these Terms and all applicable laws.

We may remove User Content that we reasonably believe breaches these Terms, infringes a third party’s rights, or exposes us to legal liability. You may raise any removal with our Grievance Officer (Section 17).

Reporting content. If you believe content on the Platform infringes your rights or is otherwise unlawful, write to us at picknpartner@gmail.com with enough detail to identify the content and the basis of your complaint. We act on reports we consider valid and may decline reports that are frivolous, vexatious, or repetitive. We will remove or disable access to content within thirty-six (36) hours of receiving an order from a court of competent jurisdiction or a notification from an authorised government agency, as required by law. We retain information relating to removed content for one hundred and eighty (180) days, or longer where required for investigative purposes.

Why this clause exists — A licence in this form is what legally permits a server to store your brief and show your images to your partner. “Worldwide” is because our hosting is distributed across countries; “royalty-free” is because we are not paying a fee each time we display your own content back to you. It is not a claim on your work: you keep ownership, the licence is limited to running the Platform, and it ends when you delete your account.

Each partnership generates unique tracking links via go.pickandpartner.com. You must use these links without modification in your promotional content. Click data is used for delivery measurement, matching, and platform analytics.

Rights in click data. The click counts generated by your partnerships are visible to you and to the counterparty of that partnership within the Platform. You grant us a licence to use that data to operate the Platform, verify delivery, and produce aggregated statistics. We do not sell click data or publish partnership-level data that identifies you or your newsletter.

The Platform has no access to your subscriber list or to your email service provider, and does not contact your subscribers. Reader-level click data is handled as described in our Privacy Policy.

Why this clause exists — Click counts are how both partners confirm a promotion actually ran, so we need to record and store them to provide the service at all. We are not in the data business: click data is not sold, not shared with advertisers or brokers, and not used for anything beyond running your partnerships and understanding how the Platform as a whole is performing.

All rights, title, and interest in and to the Platform — including all software, design, trademarks, logos, and content created by us — are and remain the exclusive property of Pick & Partner and its licensors. Nothing in these Terms transfers any intellectual property rights to you. You may not use our name, logo, or branding without our prior written consent.

We may suspend or terminate your access to the Platform where you have breached these Terms, where the account is being used for fraud, abuse, or unlawful activity, where continued access presents a security risk, or where the law requires it. On termination, your right to use the Platform ends.

You may delete your account at any time from Profile & Settings within the Platform. Deletion removes your profile, your partnerships and their tracking links, the click events recorded against them, your reviews and notifications, your uploaded brief images, and your login credentials. Any active partnerships should be resolved or cancelled prior to deletion. On deletion, the licence granted in Section 6 terminates.

Provisions of these Terms that by their nature should survive termination shall survive, including Sections 8, 10, 11, 12, 13, 15, and 16, together with the representations you gave in Section 6. The content licence granted in Section 6 does not survive termination.

Why this clause exists — We need to be able to remove accounts used for spam, fake metrics, or fraud quickly, because every such account costs a genuine creator a wasted send. The deletion route is deliberately in your own hands rather than ours: you do not have to ask our permission or wait for us to process a request.

The Platform is provided “as is” and “as available”, without warranties of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We work to keep the Platform reliable and secure, and the measures we use are set out in our Privacy Policy. What no online service can honestly promise is perfection: we do not warrant that the Platform will never have an outage, a bug, or a security incident, that any partnership will result in subscriber growth, revenue, or any other outcome, or that information submitted by other creators is accurate, complete, or reliable. Please use your own judgement when deciding who to partner with.

Pick & Partner is a beta product. Features may change, be removed, or be temporarily unavailable without notice. If something is not working for you, or there is a feature you would like to see, you are welcome to write to us at picknpartner@gmail.com. We consider the suggestions we receive and may act on them, but we cannot promise to build any particular request.

Why this clause exists — This is the standard “as is” language used by nearly every online service. It means we cannot promise the Platform will never have a bug or an outage, and cannot promise a partnership will grow your list, because that depends on your partner’s audience and your own copy. It is not a statement about how we intend to treat you.

How a cross-promotion performs depends on things we do not control: the copy your partner writes, the audience they send to, and how their readers respond. For that reason, and to the fullest extent permitted by applicable law, neither Pick & Partner nor its operators, directors, employees, agents, or licensors will be liable for indirect or knock-on losses of any kind — including lost profits, revenue, data, subscribers, or goodwill, business interruption, or the cost of arranging a replacement service — arising out of or in connection with your use of or inability to use the Platform, any partnership arranged through it, or these Terms, however the claim is framed.

What we are not responsible for. For the avoidance of doubt, we are not liable for: a partnership that does not produce the results you hoped for; a partner who fails to send, sends late, or publishes copy you did not expect; anything a creator does or says, whether on or off the Platform; the accuracy of information another creator gives us, including their subscriber count or open rate; a dispute between you and another creator; or an outage, interruption, or error at one of the infrastructure providers we rely on. Where we are nonetheless found liable for something, the cap below applies.

Our total liability is capped. The Platform is free to use. To the fullest extent permitted by applicable law, the most we can be held liable for, across every claim relating to these Terms or your use of the Platform combined, is the greater of (a) what you have actually paid us in the twelve (12) months before the claim, or (b) INR 5,000.

Limits set by law. The law does not permit anyone to exclude liability for fraud, wilful misconduct, or gross negligence, and nothing in these Terms attempts to. Some jurisdictions similarly restrict the exclusion of certain warranties or liability; in those, our liability is limited to the minimum the law permits.

Why this clause exists — What a promotion delivers depends on your partner’s copy, their audience, and their send — none of which we control. Without this section, someone whose promotion underperformed could claim the revenue they believe they would otherwise have earned: a figure with no upper bound and no relation to anything we ever received. A free platform cannot carry that risk, and a single such claim would end it for everyone. INR 5,000 is a ceiling on our exposure, not a sum anyone can claim from us; it is nominal rather than nil because a limit of zero is the kind of term a court may strike out, which would leave no limit at all. The exceptions for fraud and wilful misconduct are not concessions we chose to make — the law simply does not allow those to be excluded by anyone.

You agree to defend, indemnify, and hold harmless Pick & Partner and its operators, directors, employees, and agents from and against third-party claims, and any resulting damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees), arising from: (a) your User Content; (b) your breach of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; (d) any partnership you enter into through the Platform; or (e) your violation of any applicable law.

This obligation does not apply to any claim arising from our own negligence, wilful misconduct, or breach of these Terms, and does not extend to claims brought by us against you. We will notify you of any claim for which we seek indemnification and may participate in the defence at our own expense.

Why this clause exists — We cannot review every brief before it is sent. If someone uses the Platform to promote content they do not own and the rights holder sues, that claim should fall on the person who submitted the content, not on the service that hosted it. This applies only to claims brought by outsiders and only where they arise from your own content or conduct — not from simply using the Platform, and not from anything we get wrong ourselves.

Pick & Partner is a facilitator only and is not a party to any partnership or agreement between users. Any dispute arising from a partnership — including non-delivery, quality disputes, or disagreements about click counts — is solely between the creators involved. We are not liable for any such dispute, loss, or outcome. We may suspend accounts or cancel partnerships where there is clear evidence of bad-faith conduct, though we are not able to mediate, investigate, or resolve the substance of a disagreement between two creators.

Why this clause exists — We cannot see inside your newsletter or your partner’s, so we are not in a position to judge whose copy underperformed or whose audience was less engaged. We do hold the delivery records and click counts, and we would rather use them to act against clear bad faith than pretend we know nothing.

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, government action, internet outages, third-party infrastructure failures (including Cloudflare, Supabase, or Resend outages), or any other event outside our control.

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict-of-law provisions. Subject to the paragraphs below, the courts at Hyderabad, India shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or your use of the Platform.

Before initiating any formal legal proceeding, you agree to first contact us at picknpartner@gmail.com and make a good-faith effort to resolve the dispute informally for a period of at least thirty (30) days.

The Platform is offered to newsletter creators acting in the course of their business or profession, and not to consumers. Where, despite this, mandatory law in your country of residence gives you a right or protection that cannot be excluded by agreement, this Section does not purport to override it.

Why this clause exists — Naming a specific court is what makes a jurisdiction clause enforceable; one that points nowhere in particular protects nobody and leaves both sides guessing. We operate from Hyderabad, so that is where this agreement sits and where we ask that disputes be brought. Pick & Partner is a tool for running your newsletter, which is why these Terms are written for business use rather than consumer use. We do not require arbitration, and we do not ask you to waive the right to join a class or representative action.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pick & Partner with respect to the Platform and supersede all prior agreements, representations, and understandings.

The notes headed “Why this clause exists” are provided for transparency so you can see our reasoning. They are explanatory only, do not form part of the binding terms, and do not limit, extend, or otherwise modify the provisions they accompany.

In accordance with the Information Technology Act, 2000 and the rules made thereunder, and the Digital Personal Data Protection Act, 2023, our Grievance Officer may be contacted regarding any complaint concerning these Terms, content on the Platform, an account or content decision, or the handling of your personal data.

How to complain. Write to the address below, describing the content or decision complained of, where it appears, and why you say it is wrong, so that we can identify it. We will acknowledge your complaint within twenty-four (24) hours of receiving it and dispose of it within the fifteen (15) days required by law, and we will tell you the outcome. We may decline to act on complaints that are frivolous, vexatious, or repetitive, or that do not give us enough information to identify what is complained of.

Grievance Officer
Pick & Partner, India
picknpartner@gmail.com

For all enquiries — general, legal, or privacy — write to picknpartner@gmail.com.