Terms of Service

Last Updated: March 10, 2025

Introduction

Welcome to Pickwell. These Terms of Service ("Terms") govern your use of our mobile application (the "App") operated by Pickwell ("we," "us," or "our").

By using or accessing our App, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the App.

Pickwell is based in the Philippines but the App is available for download and use in multiple regions including Southeast Asia, Asia, the United States, Europe, and other territories. By using the App, you agree to comply with all applicable local laws in your jurisdiction.

Account Registration

To use certain features of the App, you may be required to register for an account. During registration, we may collect personal information including but not limited to your name, email address, phone number, sex and gender, and date of birth. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding the password that you use to access the App and for any activities or actions under your password. We encourage you to use a strong password (using a combination of upper and lower case letters, numbers, and symbols) with your account.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Data Storage and Processing

When you use the App to scan product barcodes or take photos of products, this information is processed to provide you with health scores and product analysis. The scanned barcodes and images you capture are saved both locally on your device (for caching purposes) and on our servers (for account syncing and analysis purposes).

By using the App, you consent to this data storage and processing. For more information about how we handle your data, please refer to our Privacy Policy.

Age Restrictions

The App is intended for use by individuals who are at least 18 years of age. By using the App, you represent and warrant that you are at least 18 years old.

If you are between the ages of 13 and 18, you may only use the App with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. Children under the age of 13 are not permitted to use the App under any circumstances. If we learn that we have collected personal information from a child under 13, we will delete that information as quickly as possible.

User Content

Our App allows you to capture and upload content, including photos of product barcodes, nutrition facts, ingredients, and packaging ("User Content"). You retain all rights to your User Content, but you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, and otherwise exploit such User Content in connection with the operation of the App and our business.

You represent and warrant that:

  • You own the User Content or have the right to use and grant us the rights and license as provided in these Terms
  • The posting and use of your User Content on or through the App does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person

Prohibited Uses

You agree not to use the App:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
  • To impersonate or attempt to impersonate Pickwell, a Pickwell employee, another user, or any other person or entity
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which may harm Pickwell or users of the App, or expose them to liability
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App

Intellectual Property

The App and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Pickwell and its licensors. The App is protected by copyright, trademark, and other laws of the Republic of the Philippines, the United States, and other foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pickwell.

Disclaimer of Warranties

The App is provided on an "AS IS" and "AS AVAILABLE" basis. Pickwell expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Pickwell makes no warranty that:

  • The App will meet your requirements
  • The App will be uninterrupted, timely, secure, or error-free
  • The results that may be obtained from the use of the App will be accurate or reliable
  • The quality of any products, services, information, or other material purchased or obtained by you through the App will meet your expectations

Disclaimer of Health and Scientific Claims

The App is designed to scan products and provide information about their potential health impact using algorithms, publicly available information, and artificial intelligence. We make no claims that our results are scientifically validated or medically approved.

The information provided by the App is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or product usage.

We aggregate data based on information that is already publicly available. Our scoring and analysis methods are created using artificial intelligence and calculation methods available on the internet. We do not conduct original scientific research or clinical trials on products.

Pickwell shall not be liable for any decision made or action taken by users based on the information provided by the App. Users are solely responsible for how they interpret and use the information provided by our service.

Limitation of Liability

In no event shall Pickwell, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the App
  • Any conduct or content of any third party on the App
  • Any content obtained from the App
  • Unauthorized access, use, or alteration of your transmissions or content

Whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Indemnification

You agree to defend, indemnify, and hold harmless Pickwell, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, contractors, agents, suppliers, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Content, any use of the App's content, services, and products other than as expressly authorized in these Terms.

Termination

We may terminate or suspend your account and bar access to the App immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the App or contact us to request account deletion. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, specifically as applied in Davao City, Davao del Sur, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Davao City, Philippines, and you hereby consent to the personal jurisdiction and venue therein.

Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Philippine Dispute Resolution Center, Inc. (PDRCI) Arbitration Rules in force on the date when the Notice of Arbitration is submitted.

The seat of arbitration shall be Davao City, Philippines. The arbitral proceedings shall be conducted in English. The arbitration shall be conducted by one arbitrator appointed in accordance with the PDRCI Rules.

BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

Notwithstanding the foregoing, Pickwell may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

Force Majeure

Pickwell shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond Pickwell's reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation, acts of God, terrorism, pandemic, epidemic, natural disaster, strikes or labor disputes, governmental actions, war, civil disturbance, or any other event that might reasonably be deemed force majeure (a "Force Majeure Event"). If a Force Majeure Event occurs, Pickwell's obligations under these Terms shall be suspended for the duration of the Force Majeure suspended for the duration of the Force Majeure Event.

Export Compliance

The App and related technology are subject to local and international export laws and regulations. You agree to comply with all such laws and regulations, including but not limited to export control and sanctions regulations of the Philippines, the United States, and other applicable jurisdictions.

You represent and warrant that: (i) you are not located in a country that is subject to a government embargo, or that has been designated as a "terrorist supporting" country; and (ii) you are not listed on any government list of prohibited or restricted parties. You also agree not to use the App for any purpose prohibited by applicable law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent. If no such modification is possible, the provision will be severed from these Terms without affecting the validity and enforceability of the remaining provisions.

In the event that any provision is determined to be invalid or unenforceable, the parties agree to replace such provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision, and the remaining provisions shall continue in effect.

Updates to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.

Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Pickwell regarding your use of the App and supersede all prior and contemporaneous written or oral agreements, understandings, communications, and proposals between you and Pickwell. Any rights not expressly granted herein are reserved by Pickwell. These Terms may only be modified as set forth in the "Updates to These Terms" section.

Contact Us

If you have any questions about these Terms, please contact us: