1. Acceptance of terms
By accessing or using the Pilk website or services (the “Services”), you agree to these Terms of Service (the “Terms”). If you do not agree, do not use the Services. The Services are operated by [PILK LEGAL ENTITY NAME] (“Pilk,” “we,” “us,” or “our”).
2. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Services. By using the Services, you represent that you meet this requirement and that you are able to enter into a binding agreement.
3. Accounts and accurate information
If we introduce accounts, you agree to provide accurate and complete information and to keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for activity that occurs under your account. Notify us promptly of any unauthorized use.
4. Pilk's role
Pilk provides software designed to help groups split and settle restaurant checks. Pilk is not a bank, is not a card network, and is not a money transmitter or other financial institution. Pilk's software is separate from the third-party financial infrastructure that may be used to move money.
5. Payment services and third-party providers
To enable payments, Pilk may work with banks, payment processors, card networks, financial-technology providers, and other third parties. Your use of payment functionality may be subject to those providers' own terms and privacy policies. Pilk does not control, and is not responsible for, the services those third parties provide, except as required by law.
Authorizations
When payment features are available, you authorize Pilk and its payment providers to initiate the transactions you approve, such as paying your share of a check. You are responsible for ensuring you have sufficient funds or available credit and for the accuracy of the payment methods you provide.
6. Group payment responsibilities
Captain responsibilities
The person who starts a Pilk room (the “Captain”) is responsible for the payment they make to the restaurant. The Captain should confirm the total and the split are correct before paying.
Other diner responsibilities
Each diner is responsible for confirming and authorizing their own share. By confirming your share, you agree to pay the amount you approve through the payment method you select.
7. Failed payments, refunds, and disputes
Payments may fail for reasons outside Pilk's control, such as insufficient funds or a declined payment method. Refunds and adjustments, where applicable, will follow the processes we and our payment providers make available. If you believe there is an error, contact us promptly at hello@gotpilk.com. Chargebacks and payment disputes may also be subject to the rules of the applicable payment provider or card network.
8. Prohibited conduct
You agree not to:
- use the Services for any unlawful, fraudulent, or abusive purpose;
- attempt to gain unauthorized access to the Services or other accounts;
- interfere with or disrupt the integrity or performance of the Services;
- misrepresent your identity or your authority to make a payment;
- use the Services to launder money or finance illegal activity.
9. Fraud and abuse
We may investigate and take action against suspected fraud or abuse, including suspending or terminating access to the Services and reporting activity to appropriate authorities where warranted.
10. Intellectual property and feedback
The Services, including our name, logo, and content, are owned by Pilk or our licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Services as intended. If you send us feedback or suggestions, you grant us the right to use them without obligation to you.
11. Third-party services
The Services may link to or rely on third-party services. We are not responsible for third-party content or services, and your use of them may be governed by separate terms.
12. Availability, beta features, and changes
The Services are offered on an “as available” basis and may include pre-release or beta functionality that can change, be limited, or be discontinued at any time. We may modify or discontinue all or part of the Services, and we will try to provide notice of material changes where practical.
13. Disclaimers
To the fullest extent permitted by law, the Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.
14. Limitation of liability
To the fullest extent permitted by law, Pilk and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or data, arising out of or related to your use of the Services. Our total liability for any claim relating to the Services will not exceed the greater of the amount you paid us for the Services in the twelve months before the claim or one hundred US dollars (US $100).
15. Indemnification
You agree to indemnify and hold harmless Pilk from claims, damages, and expenses (including reasonable legal fees) arising from your use of the Services or your violation of these Terms.
16. Termination
We may suspend or terminate your access to the Services at any time, including if we believe you have violated these Terms. You may stop using the Services at any time. Provisions that by their nature should survive termination will survive.
17. Governing law
These Terms are governed by the laws of [GOVERNING STATE / JURISDICTION], without regard to its conflict-of-laws rules.
18. Dispute resolution
[DISPUTE RESOLUTION TERMS TO BE CONFIRMED.] The parties intend to include a dispute-resolution process here, which may provide for informal resolution first and, if included after review, [binding arbitration and a class-action waiver]. These provisions will be finalized before launch and reviewed by counsel. Until then, nothing in this section waives any right you have under applicable law.
19. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Your continued use of the Services after changes take effect means you accept the updated Terms.
20. Contact
Questions about these Terms? Email hello@gotpilk.com.