Terms of Service

1. Acceptance of Terms

By creating an account on or otherwise using the Picket platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms apply to all users of the Service, including merchants who create storefronts and customers who place orders through those storefronts.

2. Definitions

• "Service" or "Picket" refers to the Picket platform, including all websites, applications, and services operated by Brookfield Digital, LLC ("Brookfield Digital"), doing business as Picket.
• "Merchant" refers to any individual or business that creates a storefront on Picket to sell products or services.
• "Customer" refers to any individual who browses, purchases, or otherwise interacts with a Merchant's storefront.
• "Content" refers to any text, images, product listings, page content, or other materials uploaded or created by a Merchant on the Service.
• "Platform" refers to Picket's software, infrastructure, and branding.

3. Account Registration and Eligibility

To use the Service as a Merchant, you must create an account. When registering, you agree to:

• Be at least 18 years of age or the age of majority in your jurisdiction.
• Provide accurate, current, and complete registration information.
• Maintain and promptly update your registration information.
• Maintain the security of your account credentials and accept responsibility for all activity that occurs under your account.
• Notify Picket immediately of any unauthorized use of your account.

Picket reserves the right to refuse service, terminate accounts, or remove content at our discretion.

4. Service Description

Picket provides hosted storefronts designed for cottage businesses, including flower farms, home bakers, market gardens, soap makers, and other backyard businesses. The Service includes:

• Product catalog management
• Shopping cart and checkout
• Order processing and fulfillment tracking
• Subscription and recurring order management
• Delivery zone configuration with scheduling
• A visual page builder
• Customer management
• Analytics and reporting
• Media hosting with AI-powered tagging
• Email notifications

Features and availability may vary by pricing tier. Picket may modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

5. Pricing and Billing

Picket offers three pricing tiers:

• Free: $0/month with usage limits (15 products, 30 orders per month, 1 delivery zone, 10 GB media storage, 1 team seat) and a 2% service fee on each transaction.
• Standard: $29/month with increased limits (30 products, 100 orders per month, 3 subscription plans, 3 delivery zones, 10 pages, 25 GB media storage, 3 team seats) and a 1% service fee on each transaction.
• Unlimited: $79/month with unlimited everything, unlimited media storage, unlimited team seats, priority support, and 0% service fee.

Monthly subscription fees are billed in advance via Stripe. Service fees on transactions (Free and Standard plans) are deducted from each payment at checkout. All prices are in US dollars.

Card processing fees (currently 2.9% + $0.30 per transaction, set by Stripe) pass through at cost on all plans. Picket does not mark up payment processing fees.

Picket may change pricing with at least 30 days' written notice. Price changes take effect at the start of your next billing cycle after the notice period.

6. Payment Processing

All payments on the platform are processed by Stripe, Inc. Customer payments on Merchant storefronts are processed through Stripe Connected Accounts linked to the Merchant's Stripe account. Merchants must create and maintain a valid Stripe account to accept payments through the Service. Picket does not directly process, store, or have access to customer credit card numbers.

Platform subscription billing (monthly fees, service fee invoices) is also processed by Stripe. By subscribing to a paid plan, you authorize Picket to charge your payment method on file through Stripe.

Merchants are solely responsible for:

• Collecting and remitting applicable sales taxes in their jurisdiction.
• Processing refunds and handling chargebacks for their orders.
• Maintaining compliance with Stripe's terms of service.
• Any fees, penalties, or liabilities arising from their payment processing.

7. Merchant Responsibilities

As a Merchant, you represent and warrant that:

• You will comply with all applicable federal, state, and local laws, including cottage food laws, home bakery licensing requirements, agricultural regulations, food safety standards, and local business permit requirements.
• All products listed on your storefront are legal to sell in your jurisdiction and accurately described.
• You will provide accurate product descriptions, pricing, availability, and any required disclaimers (e.g., allergen warnings, ingredient lists).
• You will handle customer service, disputes, and refunds for orders placed through your storefront.
• You will not use the Service to sell prohibited goods, including but not limited to: controlled substances, weapons, counterfeit goods, stolen property, or any items prohibited by law.

Picket is a technology platform and is not responsible for the products sold by Merchants or the transactions between Merchants and their Customers.

8. Intellectual Property

Your Content

You retain full ownership of all Content you upload or create on the Service, including product photos, descriptions, page content, and branding materials. By using the Service, you grant Picket a non-exclusive, worldwide, royalty-free license to host, display, cache, and transmit your Content solely as necessary to operate and provide the Service.

This license terminates when you delete your Content or close your account, except for copies retained in backups for a reasonable period.

Picket's Property

The Picket platform, including its software, design, branding, logos, and documentation, is owned by Picket and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Platform without written permission.

"Powered by Picket" Badge

Storefronts on the Free tier display a "Powered by Picket" badge in the footer. This badge is removed on paid plans. You may not remove or obscure this badge while on the Free tier.

9. Media and Storage

Media files (images, documents) uploaded to the Service are stored on Cloudflare R2 infrastructure. Storage is subject to the limits of your pricing tier (10 GB on Free, 25 GB on Standard, unlimited on Unlimited).

Picket uses AI technology (Anthropic Claude) to analyze uploaded media for automatic tagging and description generation. This analysis is performed solely to enhance the Service's functionality. Media is sent to Anthropic for processing and is not retained by Anthropic beyond the processing request, in accordance with Anthropic's data usage policies.

You are responsible for ensuring you have the right to upload and use all media on your storefront.

10. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect information.

When a Merchant collects personal data from Customers through their storefront (names, email addresses, delivery addresses, order history), the Merchant is the data controller for that data. Picket acts as a data processor on the Merchant's behalf. Merchants are responsible for informing their Customers about how their data is used and for complying with applicable privacy laws.

11. Subscriptions and Recurring Orders

Merchants may offer subscription products (e.g., weekly flower shares, monthly veggie boxes) through the Service. Subscription payments are charged automatically via Stripe according to the schedule set by the Merchant.

Merchants are responsible for fulfilling all subscription orders, communicating with subscribers about schedule changes or cancellations, and handling subscription-related disputes. Picket provides the technology for managing subscriptions but is not a party to the subscription agreement between Merchant and Customer.

12. Availability and Uptime

Picket strives to maintain high availability of the Service but does not guarantee specific uptime percentages. The Service is provided "as is" and "as available."

Scheduled maintenance will be communicated in advance when possible. Picket is not liable for any downtime, data loss, or service interruptions caused by factors outside our reasonable control, including but not limited to internet outages, third-party service failures, or force majeure events.

13. Limitation of Liability

To the maximum extent permitted by law, Picket and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Service, including but not limited to:

• Lost profits, revenue, or data.
• Losses arising from payment processing issues, failed transactions, or chargebacks.
• Disputes between Merchants and Customers regarding product quality, delivery, or refunds.
• Regulatory violations or penalties incurred by Merchants.
• Unauthorized access to your account due to your failure to maintain security.

Picket's total aggregate liability for any claims arising from or related to the Service shall not exceed the total fees you paid to Picket in the twelve (12) months preceding the claim.

14. Indemnification

You agree to indemnify and hold harmless Picket, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising from or related to: your use of the Service, your Content, your products or services, your violation of these Terms, or your violation of any applicable law or third-party rights.

15. Termination

You may cancel your Picket account at any time through your account settings. Upon cancellation:

• Your storefront will be taken offline immediately.
• Your data will be retained for 30 days to allow you to export it.
• After the 30-day retention period, your data will be permanently deleted.
• Any outstanding service fees or subscription charges remain due.

Picket may suspend or terminate your account immediately if you violate these Terms, engage in illegal activity, fail to pay amounts due after reasonable notice, or if required by law. We will make reasonable efforts to notify you before or promptly after termination.

16. Modifications to Terms

Picket may update these Terms from time to time. We will notify you of material changes by email or through the Service at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you may cancel your account before the changes take effect.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction. You may also bring claims in small claims court if your claim qualifies.

18. General

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Brookfield Digital, LLC regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Picket's failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision.
• Assignment: You may not assign your rights or obligations under these Terms without Picket's written consent. Picket may assign its rights and obligations without restriction.

19. Contact

If you have questions about these Terms of Service, please contact us at:

Email: hello@mypicket.app