End User License Agreement

1 Acknowledgment

This EULA is a legal agreement between you ("End User") and Picnic ("Licensor") for the use of the Picnic mobile application ("Application"). This EULA is not an agreement with Apple, Inc. or Google LLC. Picnic, not Apple or Google, is solely responsible for the Application and its content. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

2 License Grant

Picnic grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on any Apple-branded or Android device that you own or control, solely for your personal, non-commercial purposes. You may not sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Application.

3 Restrictions

You agree not to:

Copy, modify, or create derivative works based on the Application
Distribute, publicly perform, or publicly display the Application
Reverse engineer, decompile, or disassemble the Application, except as permitted by applicable law
Remove or alter any proprietary notices, labels, or marks on the Application
Use the Application for any unlawful purpose or in violation of these Terms

4 Intellectual Property

The Application is licensed to you, not sold. Picnic retains all right, title, and interest in and to the Application, including all intellectual property rights. Nothing in this EULA transfers any ownership interest to you.

5 Relationship with App Stores

🍎 Apple App Store

▶ Google Play Store

5.1 Apple App Store

If you downloaded the Application from the Apple App Store, you acknowledge and agree that:

This EULA is concluded between you and Picnic only, and not with Apple
Apple is not responsible for the Application or its content
Apple has no obligation to provide maintenance, support, warranty, or product claims related to the Application
Apple is a third-party beneficiary of this EULA and may enforce it against you

5.2 Google Play Store

If you downloaded the Application from the Google Play Store, your use is also subject to Google Play's Terms of Service. In the event of a conflict between this EULA and Google Play's Terms of Service, Google Play's Terms of Service shall prevail with respect to your use of Google Play.

6 In-App Purchases

The Application offers optional Premium subscription features available for purchase through the Apple App Store or Google Play Store. All in-app purchases are subject to the payment terms and refund policies of the applicable app store. Picnic does not process payments directly. Subscription terms and pricing are set forth in our Subscription and Refund Policy, which is incorporated herein by reference.

7 User-Generated Content

You may submit content including profile information, event descriptions, photos, and reviews ("User Content"). You retain ownership of your User Content. By submitting User Content, you grant Picnic a license to use, display, and distribute it within the Service as described in our full Terms of Service and Privacy Policy. You are solely responsible for your User Content and represent that it does not violate any third-party rights or applicable law.

8 Privacy

Picnic's Privacy Policy describes how we collect and use information about you. By using the Application, you consent to our collection and use of your data as described in the Privacy Policy, available within the Application and at startapicnic.com.

9 Product Claims

Picnic, not Apple or Google, is responsible for addressing any claims by you or a third party relating to the Application or your use of it, including:

Product liability claims
Any claim that the Application fails to conform to applicable legal or regulatory requirements
Claims arising under consumer protection, privacy, or similar laws

Any such claims should be directed to legal@startapicnic.com.

10 Third-Party Beneficiary

Apple, Inc. is a third-party beneficiary of this EULA with respect to Applications distributed through the Apple App Store. Upon your acceptance of this EULA, Apple will have the right to enforce this EULA against you as a third-party beneficiary thereof. Google LLC is not a third-party beneficiary of this EULA.

11 Warranty Disclaimer

THE APPLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PICNIC DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE. IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE OR GOOGLE, AND THEY WILL REFUND THE PURCHASE PRICE, IF ANY, PAID FOR THE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLE AND GOOGLE HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION.

12 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PICNIC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO YOUR USE OF THE APPLICATION. PICNIC'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APPLICATION IN THE TWELVE MONTHS PRECEDING THE CLAIM.

13 Governing Law

This EULA is governed by the laws of the State of Utah, without regard to its conflict of law principles. Any dispute not subject to arbitration under Picnic's Terms of Service shall be resolved exclusively in the state or federal courts located in Salt Lake County, Utah.

14 Termination

This EULA is effective until terminated. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. Upon termination, you must cease all use of the Application and delete all copies of the Application from your devices. Picnic may also terminate this EULA at any time by discontinuing the Application.

15 Contact Information

For questions about this EULA, please reach out:

Picnic

Questions about this license agreement?

legal@startapicnic.com

startapicnic.com