1. Agreement
These Terms of Service (the "Terms") govern your access to and use of the PickCounter service, website, APIs, and associated software (collectively, the "Service"), provided by PickCounter ("we," "us," or "PickCounter"). By creating an account or otherwise using the Service, you agree to these Terms. If you are using the Service on behalf of a business, you represent that you are authorized to bind that business to these Terms, and references to "you" include both you personally and that business.
2. The Service in plain language
PickCounter is a driver pickup verification platform for restaurants. It sits between order platforms (such as DoorDash, Uber Eats, Grubhub, and POS systems) and your pickup counter. When an order is assigned to a driver, PickCounter sends one SMS with a check-in link. The driver opens the link on arrival, scans a QR posted at your register, and your counter tablet shows the driver's name. Each successful verification is logged.
PickCounter does not guarantee that the person carrying out a pickup is the identified driver. PickCounter provides a structured workflow that materially raises the bar over a paper sign-in sheet, but the final responsibility for handing off an order rests with your staff.
3. Accounts and eligibility
3.1 Account creation
PickCounter uses email-based magic-link sign-in. You are responsible for keeping access to your email address secure. You must be at least eighteen years old and capable of forming a binding contract to use the Service.
3.2 Operator vs. driver users
Restaurant operators and their staff create accounts on PickCounter. Delivery drivers do not create accounts; they receive an SMS link tied to a single order. References in these Terms to "your account" mean an operator account.
3.3 Multi-tenant accounts
If you create or join an organization on PickCounter, you authorize the organization owner and admins to manage your access, view audit history, and revoke your access. Each organization is responsible for its own users.
4. Subscriptions, billing, and refunds
4.1 Plans
PickCounter is offered on subscription plans listed on our website. Plans include a fixed monthly fee plus a per-verification overage rate. Pricing may change for new subscriptions; we will give existing paying customers at least thirty days' notice of price changes affecting their plan.
4.2 Billing
Payments are processed by Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis. You are responsible for keeping your payment information current. If a payment fails, we may suspend the Service until payment is restored.
4.3 Trials and refunds
We may offer a free trial period. After a trial ends, the subscription begins automatically unless you cancel before the trial ends. Subscriptions are billed in advance and are non-refundable except as required by law. You can cancel at any time; cancellation takes effect at the end of the current billing period.
4.4 Taxes
Fees do not include taxes, levies, or duties. You are responsible for any such amounts and for any associated reporting.
5. SMS, Twilio, and driver communications
PickCounter sends SMS messages to drivers via Twilio over a verified toll-free number. Driver phone numbers are obtained from your order-platform integrations or entered by your staff. By using the Service, you represent that you have the legal right to communicate with each driver via SMS for the purpose of order pickup verification.
Drivers may reply STOP to opt out of further messages. We honor opt-outs immediately. You agree not to use the Service to send any message that is not directly related to a pickup verification, and not to use the Service for marketing, promotional, or solicitation purposes.
6. Acceptable use
You agree not to:
- Use the Service for any unlawful purpose.
- Send messages that are abusive, harassing, deceptive, or non-pickup-related.
- Submit false, misleading, or non-consensual phone numbers or identifying data.
- Reverse-engineer, decompile, or attempt to derive source code of the Service.
- Probe, scan, or test the vulnerability of any PickCounter system without our written authorization.
- Interfere with or disrupt the integrity or performance of the Service.
- Use the Service to compete with PickCounter or build a substantially similar product.
- Resell, sublicense, or transfer access without our written consent.
We may suspend or terminate accounts that violate these rules.
7. Customer data and ownership
You retain all rights to the data you upload to or generate through the Service ("Customer Data"), including order records, driver phone numbers, and verification logs. You grant PickCounter a limited, non-exclusive, worldwide license to host, process, transmit, and display Customer Data solely to provide the Service to you, to maintain and improve the Service, and to comply with legal obligations.
Aggregated, de-identified data derived from Customer Data may be used by PickCounter for analytics, benchmarking, and product development.
8. Intellectual property
The Service, including its code, design, brand, and documentation, is the property of PickCounter and is protected by copyright, trademark, and other intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms. Any feedback you provide may be used by us without compensation.
9. Third-party services
The Service relies on third-party providers including Supabase (database, authentication, storage), Twilio (SMS), Stripe (payments), Resend (transactional email), and Vercel (hosting). Your use of these providers' outputs through the Service is subject to their own terms. PickCounter is not responsible for outages, data losses, or other failures of third-party services beyond our reasonable control.
10. Disclaimers of warranty
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. HANDOFF EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
PickCounter does not warrant that verification events will be free of error, that SMS delivery will be timely or successful, that the Service will be uninterrupted, or that any specific outcome will result from using the Service. The Service is a workflow tool; it is not an identity-verification or fraud-prevention service.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HANDOFF, ITS AFFILIATES, AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE.
OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO HANDOFF IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS.
12. Indemnification
You agree to indemnify and hold harmless PickCounter and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service, (b) your violation of these Terms, (c) Customer Data you submit, or (d) your violation of any third-party right.
13. Termination
You may close your account at any time from your account settings or by contacting us. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or if continued provision of the Service to you would violate law. On termination, provisions that by their nature should survive (including ownership, disclaimers, liability limits, and dispute terms) will survive.
14. Changes to the Service or Terms
We may modify the Service at any time. We may also modify these Terms; if we make material changes, we will notify you (for example, by email or in-product notice). Your continued use of the Service after changes take effect constitutes acceptance.
15. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, U.S.A., without regard to conflict-of-law principles. Any dispute arising out of these Terms will be resolved by binding arbitration administered by JAMS in San Francisco, California, under JAMS' Streamlined Arbitration Rules. Either party may bring an individual action in small-claims court. You and PickCounter agree that disputes will be resolved on an individual basis and not as a class, consolidated, or representative action.
16. Miscellaneous
These Terms constitute the entire agreement between you and PickCounter regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. We may assign these Terms; you may not. Failure to enforce a provision is not a waiver. Headings are for convenience only.
17. Contact
Questions or notices regarding these Terms can be sent to legal@pickcounter.io.