TERMS OF SERVICE
(Effective August 1, 2017)
Picnic is a service provided by Thomas Street, Inc., located at 675 Dolores Street, Suite 10, San Francisco, CA 94110.
Picnic is a service that allows you to collaboratively edit Sketch files. When you use Picnic, you will provide us with these files and potentially other content such as images or text. All this content remains yours. These Terms don’t give Thomas Street any rights to this content except for the limited permissions needed for offering Picnic. That includes permission to share content when you ask us to, as well as permission to access, modify, store, and scan this content for the purposes of providing and improving the service. These permissions extend to the third-parties that we may work with.
Please use Picnic responsibly! You agree to use the service only as permitted by applicable law. You will also not misuse Picnic: that includes even attempts to breach or circumvent security or authentication measures, interfere with the provision of the service, probe for vulnerabilities in the service, reverse engineer or decompile Picnic, sell or otherwise commercially exploit Picnic, or copy, upload, download, or share content where you do not have the right to do so. We may review your conduct and content for compliance with the Terms.
What We Retain
So long as you use Picnic in accordance with these Terms, Thomas Street grants you a limited, nonexclusive, nontransferable, revocable license to use the client software for Picnic. This client software may update automatically.
Picnic is protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in Picnic, others’ content in Picnic, or Thomas Street’s trademarks, logos, and other intellectual property. Thomas Street reserves all rights not expressly granted to you.
Refunds: Picnic bills on both monthly and annual plans. However, if you cancel midway through a period, we will not refund you for the remainder of the time that you paid for. Paid account cancellations must take place on our website prior to the renewal date in order to avoid incurring additional charges.
Changes in Fees: For monthly plans, we will notify you at the beginning of the month when the monthly rate will be changing in the subsequent month. For annual plans, we will notify you as to changes in rate at least one month prior to the renewal date.
Downgrades: Failure to pay on the renewal date will result in a downgrade of your account. While your files will remain accessible within Picnic, the number of seats for the service will be reduced to two until payment is received.
Thomas Street reserves the right to suspend, terminate, or limit your access to Picnic at any time. However, we’re strong believers in making sure in these cases that you’ll have the chance to access and retrieve your data. Where reasonably possible, we will provide you with reasonable advance notice and an opportunity to export your information from Picnic.
Notice and export may not be provided if you are in breach of these Terms, where notice would create legal liability, or where we are prohibited to do so by law.
Obviously, you are free to stop using Picnic at any time, though we’re hoping that you stay!
( Let us know what we can do to change your mind)
Changes and Discontinuation
Thomas Street is always trying new things. That means that we may add or remove features from Picnic, and reserve the right to suspend or discontinue the Picnic service entirely. If we discontinue the service, we’ll provide reasonable prior notice and an opportunity to export information from Picnic. We’ll also refund the portion of any fees you have pre-paid but haven’t received services for yet.
Services Provided “As Is”
We’re working to make Picnic the most awesome product it can be, but there are certain things that we don’t promise. To the fullest extent permitted by law, Thomas Street makes no warranties - either express or implied - about Picnic. Picnic is provided on an “as is” and “as available” basis. We specifically disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
Thomas Street will not be responsible for indirect, special, consequential, exemplary, or punitive damages. It will also not be responsible for any loss of profits, data, business, or us, regardless of legal theory.
If you use the services for any commercial or business purpose, Thomas Street will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Thomas Street is not responsible for the conduct, whether online or offline, of any user of its services.
Other than the types of liability we cannot limit by law, we limit our liability to the amount you paid us to use the services. These exclusions and limitations will apply regardless of whether or not Thomas Street has been warned of the possibility of such damages.
In all cases, we’re responsible to you only for losses and damages that are reasonably foreseeable result of our failure to use reasonable care and skill or our breach of contract with you.
You and Thomas Street agree to resolve any claims relating to these Terms or Picnic through final and binding arbitration by a single arbitrator, except as set forth below. This includes disputes arising out of or relating to interpretation or application of this “Disputes" section, including its enforceability, revocability, or validity.
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the State of Washington, or any other location we agree to. The AAA rules will govern payment of all arbitration fees.
Either you or Thomas Street may assert claims, if they qualify, in small claims court in King County, Washington. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of Picnic, or intellectual property infringement without first engaging in arbitration. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in King County, Washington to resolve your claim.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. If this specific paragraph is held unenforceable, then the entirety of this section will be deemed void.
The validity, interpretation, construction and performance of these Terms shall be governed by the laws of the State of Washington, without giving effect to the principles of conflict of laws.
These Terms set forth the entire agreement between you and Thomas Street. It supersedes and replaces any prior understandings and agreements, whether oral, written or implied between you and Thomas Street.
Waiver, Severability, Assignment
The failure of Thomas Street to enforce any provision of these Terms shall not be a waiver to do so later. If any provision of these Terms are found to be unenforceable, the remaining provisions will remain in full effect. You may not assign any of your rights under these Terms. Thomas Street may assign its rights to any affiliates, subsidiaries, or successors in interest.
We may revise these Terms from time to time. Among other reasons, this might be due to a change in the law, or a change in the Picnic service. We’ll post notices of modifications to the Terms on this page, and will become effective no sooner than thirty days after they are posted. Changes will not apply retroactively, so if you do not agree to the changes, you should simply discontinue your use of Picnic.
(Effective August 1, 2017)
What We Collect, and Why
There are a few types of data that we collect for Picnic:
- Account Information: We collect - and associate with your account - an e-mail address, and a name and profile picture if you submit it to us. If you are paying for extra seats in Picnic, we also may collect information like name, phone number, payment information, physical address, and account activity. We’ll also associate your account with the other accounts that are a part of your Picnic Team. This enables us to provide the service, and administrate the paid portion of our service.
- Third-Party Authentication: You can use Picnic without a cloud provider. But, if you integrate a cloud storage service, we may store authentication tokens to enable easy sharing and syncing with those service providers.
- Data for Services: Picnic enables real-time collaborations with others on the same Sketch file. In order to do that, we will store, process, modify, and transmit content that you import and input to Picnic, as well as information related to that content.
- Usage Data: We also collect information on how you are using the service. That’ll include information such as when people are opening files, which files are being opened, and how long they have it open. This information helps us understand what is and isn’t working in Picnic, so we can improve it going forwards.
We protect the privacy of our users. We will not sell, rent, or trade the data discussed above to advertisers or other third parties. However, we may share it with the following groups for the following purposes.
- Service Providers: Picnic relies on a number of third-party service providers. This includes hosting, analytics platforms, payment providers, and app distribution services, among others. These third-parties will access your data for the purposes of providing the Picnic service, and will be governed by their privacy policies and terms.
- Other Users: Picnic enables collaboration across many users. Where you give us permission to do so, we will provide data about your account to the Picnic Team Admin and other Team members. This includes information like your name, profile picture, and the files you are working on.
- Authorities: We may disclose data to third parties such as law enforcement if reasonably necessary to comply with the law or to protect the rights, property, and safety of ourselves and others.
We retain collected data for as long as needed to fulfill the purposes for which we collect or receive the data, unless otherwise required by applicable law. Typically, when you delete your account, we’ll also delete the accompanying personal data. There may occasionally be some latency in this deletion, and we reserve the right to preserve the data to comply with legal obligations, resolve disputes, or enforce agreements.
As of the effective date of this policy, the cloud services that can be integrated with Picnic comply with the EU-US and Swiss-US Privacy Shield Frameworks as set for by the US Department of Commerce.
Security is critical, and we follow industry best practices when protecting your data in Picnic. That includes a variety of technologies and processes to guard against accidental, unlawful, or unauthorized destruction, loss, alternation, access, disclosure, or use of your data. We work with trusted, well-known third-party providers to host data, and also enable the Secure Socket Layer (SSL) encryption protocol when transmitting sensitive information.
Changes and Updates
If we are involved in a reorganization, merger, acquisition, or sale of our assets, your information may be transferred as part of that transaction. We will notify you of any such transaction and outline your options in this event.
Privacy is important to us. If you have any comments or questions about this policy, Picnic, or Thomas Street generally, please drop us a line at firstname.lastname@example.org.