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, you must immediately stop using the Platform. These Terms constitute a legally binding agreement.

We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Platform after any modification constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

Pick & Partner is a platform that facilitates introductions between newsletter creators for the purpose of cross-promotional partnerships. We provide 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.

We reserve the right, at our sole discretion and without notice, to modify, suspend, or discontinue the Platform or any feature thereof, temporarily or permanently, at any time. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

• You must be at least 16 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 person. Creating multiple accounts or accounts on behalf of others is prohibited.
• 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.

Failing to deliver on an accepted partnership without notice is a breach of these Terms and may result in account suspension and a negative impact to your credit score.

You agree not to:

• Misrepresent your subscriber count, open rate, audience quality, or any other metric.
• Use the Platform to 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.
• Use the Platform in any manner that violates applicable local, national, or international law.
• Attempt to circumvent, disable, or interfere with any security-related feature of the Platform.

We reserve the right to investigate any suspected violation and to take any action we deem appropriate, including immediate account termination and reporting to law enforcement, without liability to you.

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, sublicensable 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.

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 reserve the right to remove any User Content at our sole discretion without notice or liability to you.

The Platform calculates an internal credit score for each creator based on click-through performance across completed partnerships. You acknowledge that this score exists, that it is derived from your activity on the Platform, and that it may influence matching quality and platform features available to you. We do not guarantee any specific score, match outcome, or partner availability. We may change the scoring methodology at any time without notice.

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, credit scoring, and platform analytics. You agree that click data generated through your use of the Platform is owned by and belongs to Pick & Partner.

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 permanently terminate your access to the Platform at any time, for any reason or no reason, with or without notice, including but not limited to if we believe you have violated these Terms. Upon termination, your right to use the Platform immediately ceases. We are not liable to you or any third party for any termination of your access.

You may request account deletion by emailing picknpartner@gmail.com. Any active partnerships should be resolved or cancelled prior to deletion. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 6, 9, 11, 12, 13, and 14.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY PARTNERSHIP WILL RESULT IN SUBSCRIBER GROWTH, REVENUE, OR ANY OTHER OUTCOME. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION ON THE PLATFORM. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.

Pick & Partner is a beta product. Features may change, be removed, or be temporarily unavailable without notice.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PICK & PARTNER, ITS OPERATORS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF SUBSCRIBERS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, ANY PARTNERSHIP ARRANGED THROUGH THE PLATFORM, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE THE PLATFORM IS PROVIDED FREE OF CHARGE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. WHERE NO AMOUNTS HAVE BEEN PAID (AS IS THE CASE FOR THE CURRENT FREE TIER), OUR AGGREGATE LIABILITY IS ZERO.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless Pick & Partner and its operators, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of or access to the Platform; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party rights, including intellectual property or privacy rights; (e) any partnership you enter into through the Platform; or (f) your violation of any applicable law. We reserve the right to assume exclusive defence and control of any matter subject to indemnification by you, at your expense.

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, at our sole discretion, adjust credit scores or suspend accounts where clear evidence of bad-faith conduct exists, but we are under no obligation to mediate, investigate, or resolve any inter-user dispute.

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 applicable law. 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 30 days. Any claim not resolved informally shall be subject to binding arbitration on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration against Pick & Partner.

Any claim arising under these Terms must be brought within one (1) year of the date the cause of action arose, or it is permanently barred.

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.

Pick & Partner — picknpartner@gmail.com