Last updated: September 4, 2026
Thank you for choosing Pool Party Pick 'Em! Please read this agreement (the “Agreement” or “Terms”) carefully. This Agreement sets forth the terms and conditions under which Pool Party Pick 'Em LLC, a limited liability company organized in North Carolina, USA (“Pool Party Pick 'Em,” “we,” “us,” or “our”), will make available to you the Pool Party Pick 'Em website, Groups, leaderboard, and related features (collectively, the “Service”). We use the words “you”, “your”, or “Member” to refer to you. By creating an account or otherwise using the Service, you accept this Agreement. If you do not agree, please don't use the Service.
1.1 What Is This Agreement? Your agreement with us consists of these Terms together with our Privacy Policy and the pricing shown on our subscribe page at the time of purchase (collectively, this “Agreement”), each as may be revised from time to time as described in Section 1.4. You should review this Agreement carefully, including, but not limited to, the provisions governing our right to change this Agreement, the minimum commitment and early termination fee described in Section 5, and the limitations of liability described in Sections 10–12.
1.2 Acceptance of Agreement. You accept this Agreement when you do any of the following: (a) create an account; (b) check a box or click a button indicating your agreement during signup or checkout; or (c) otherwise access or use the Service. No employee, moderator, or other agent of Pool Party Pick 'Em is authorized to waive or modify any term of this Agreement.
1.3 Your Representations. By accepting this Agreement, you represent that you are (a) at least 18 years old, or the age of majority in your jurisdiction, or (b) if younger, that you have your parent or legal guardian's consent to use the Service where applicable law allows it. You also represent that the information you provide when registering is accurate and complete.
1.4 Changes to This Agreement. Unless otherwise prohibited by law, we may change any term of this Agreement at any time in our discretion. We will post changes on this page and update the “Last updated” date above. If a change has a material adverse effect on you, and you don't agree to it, you may close your account before the change takes effect. Your continued use of the Service after a change becomes effective constitutes your acceptance of that change.
2.1 Registration. To use most features of the Service, you'll create an account with a display name, email address, phone number, and password. You're responsible for keeping your password confidential and for all activity that happens under your account.
2.2 Account Security. Let us know right away at team@poolpartypickem.com if you believe your account has been compromised. We are not liable for any loss arising from unauthorized use of your account, though we will work with you to secure it.
2.3 Accuracy; Suspension. We may suspend or terminate accounts that provide false or misleading information, violate this Agreement, or are used to abuse the Service, as described further in Section 4.
3.1 What Pool Party Pick 'Em Is. Pool Party Pick 'Em is a skill-based sports prediction and pick-em game. Members make picks on sporting events and earn points based on the accuracy and difficulty of those picks, which are tallied on a global leaderboard and, optionally, within private Groups that members create or join. The Service does not involve wagering, betting, or any games of chance, and there are no cash prizes or payouts of any kind for winning or placing on any leaderboard. Participation is for entertainment purposes only.
3.2 Event Data and Accuracy. We do our best to record accurate pick options, lock times, and results, but sports schedules and outcomes can change or be reported incorrectly by outside sources. We're not responsible for delays, errors, or changes in official schedules or results, and we may correct scoring or standings if a mistake is discovered.
3.3 Availability of the Service. We do not guarantee the Service will be available at all times or in all locations. We may modify, suspend, or discontinue any part of the Service, including any Event or feature, at any time, with notice where reasonably practical.
4.1 Term. This Agreement begins when you accept it and continues until terminated as described in this Section 4. If you hold a paid subscription, your subscription is additionally subject to the minimum commitment term described in Section 5.4.
4.2 Termination by You. If you hold an active paid subscription, you may cancel it at any time from the Subscription tab, reached by selecting your profile button in the navigation bar and choosing “Subscription,” or by going directly to your account page. Cancelling there is self-service and takes effect immediately, subject to any early termination fee owed under Section 5.5. To close your account entirely (beyond simply cancelling a subscription), contact team@poolpartypickem.com. Closing your account does not by itself cancel an active subscription or relieve you of amounts owed under Section 5; please cancel your subscription first as described above.
4.3 Termination by Us. We may suspend or terminate this Agreement or your access to the Service at any time for good cause, including, but not limited to: (a) your failure to pay any amount due under this Agreement; (b) violation of Section 6 (Acceptable Use); (c) providing false or misleading information; (d) use of the Service in a way that we reasonably believe is fraudulent, unlawful, or harmful to other Members or to us; or (e) extended account inactivity. We are not liable to you or any other party for exercising or failing to exercise our rights under this section.
4.4 Effect of Termination. Upon termination, your right to access the Service ends immediately. Sections of this Agreement that by their nature should survive termination will survive, including those listed in Section 15.5.
5.1 Free Features. The global leaderboard, event picks, and one free “Starter Group” are available at no cost.
5.2 Paid Groups Subscription. Creating or joining additional private Groups requires an active paid subscription, currently offered on a monthly or annual basis at the price shown on our subscribe page at the time of purchase.
5.3 Payment Processing. Payments are processed by our third-party payment processor, Stripe. We never see or store your full card number. You authorize us to charge your payment method on file for all amounts owed under this Agreement, including the fees described below.
5.4 Minimum Commitment Term. Both the monthly and annual plans carry a minimum 12-month commitment. The annual plan is paid in full ($50) at the time of purchase and already covers the full 12 months. The monthly plan ($5/month) is billed month to month, but by subscribing you're committing to 12 months of service. For the monthly plan, this 12-month commitment automatically renews for another 12 months each time it is completed, for as long as you remain on the monthly plan — it does not expire or convert to a month-to-month, no-commitment arrangement simply because you've been subscribed for a year or more. If you'd prefer a plan without a recurring commitment, consider switching to the annual plan, which is paid in full up front for each 12-month period.
5.5 Early Termination Fee. If you cancel a monthly subscription before completing the current 12-month commitment period described in Section 5.4 (whether that's your first 12-month period or a later renewed one), you must pay us a one-time early termination fee equal to the amount remaining on that current commitment period (i.e., $5 for each unpaid month left in it). Once that fee is paid, all billing stops immediately — we do not continue to charge you month over month after you've canceled. You'll keep access to Groups through the end of the 12-month commitment period you've paid for, even though your subscription itself has been canceled. Payment of the early termination fee does not excuse any other amounts already owed to us at the time of cancellation.
5.6 Cancelling a Monthly Subscription. Because the monthly plan's 12-month commitment automatically renews as described in Section 5.4, cancelling a monthly subscription at any point during a commitment period — whether that's your first 12 months or any later renewed 12-month period — is subject to the early termination fee described in Section 5.5 for the months remaining in that current period. There is no point during a monthly commitment period at which you can cancel for free other than the exact moment a period ends and the next one has not yet begun. You can cancel your monthly subscription, and see the exact fee (if any) that would apply, from the Subscription tab on your account page at any time, as described in Section 4.2.
5.7 Automatic Renewal. Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date.
5.8 No Refunds. Except where required by law, payments (including any early termination fee) are non-refundable.
5.9 Price Changes. We may change subscription pricing going forward. If we do, we'll give you reasonable notice before it applies to your next renewal.
6.1 Prohibited Conduct. You agree not to:
6.2 Content Moderation. Group messages are automatically screened for slurs and hateful or harassing language, and messages that violate this policy are blocked before they're posted. We may remove content, restrict features, or suspend or terminate accounts that violate this Section 6, in our discretion and without prior notice.
You retain ownership of any messages or content you post (for example, in Group chat). By posting content, you grant us a non-exclusive, worldwide, royalty-free license to host, store, and display that content solely to operate and provide the Service. You're responsible for content you post and confirm you have the right to share it.
The Service, including its design, graphics, logos, and underlying software, is owned by us or our licensors and is protected by intellectual property laws. Other than the license to use the Service as intended, this Agreement doesn't grant you any rights to our trademarks, branding, or content.
Our collection, use, and disclosure of your personal information is described in our Privacy Policy, which is part of this Agreement. We do not sell your personal information. We may disclose account and usage information to service providers who help us operate the Service (such as our payment processor and hosting provider), or as required by law or legal process.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, CONCERNING THE SERVICE. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, AND WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, INCLUDING EVENT DATA DESCRIBED IN SECTION 3.2. Some states do not allow a disclaimer of implied warranties, so the above exclusion may not apply to you in whole or in part.
YOU AGREE THAT OUR MAXIMUM AGGREGATE LIABILITY TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICE IS LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID US FOR THE SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE. The existence of multiple claims will not enlarge or extend this limitation. You agree not to hold us liable, whether or not due to our own negligence, for any damages arising from: (a) any act or omission of a third party, including our payment processor or hosting provider; (b) any interruption, delay, or failure of the Service; (c) content or event data accessed while using the Service; or (d) events or factors beyond our reasonable control.
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, IN NO EVENT SHALL WE BE HELD LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSS SUCH AS LOST PROFITS. The limitations set forth in Section 11 and this Section 12 are independent of each other and will survive any failure of the essential purpose of any limited remedy set forth in this Agreement.
You agree to indemnify, defend, and hold Pool Party Pick 'Em, our partners, vendors, and each of their respective directors, officers, employees, and agents harmless from and against any claim, action, damage, liability, and expense (including reasonable attorneys' fees) arising out of or in connection with your acts, omissions, or content submitted through the Service, including, but not limited to, claims arising out of your violation of Section 6 (Acceptable Use) or any rights of a third party.
If any claim, controversy, or dispute (a “Dispute”) between you and Pool Party Pick 'Em cannot be settled through informal negotiation within 30 days, it shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, conducted in North Carolina or another location we mutually agree upon. Information about the AAA and its rules is available at adr.org. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND A WAIVER OF ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Demand for arbitration must be made within one year from the date the Dispute arose, or it is forever barred. Either party may instead bring an individual claim in small claims court if it qualifies. Discussions and documents exchanged in an attempt to resolve a Dispute are confidential and for settlement purposes only.
15.1 Governing Law. This Agreement is governed by and construed under the laws of the State of North Carolina, USA, without regard to conflict-of-law principles, unless otherwise required by applicable law.
15.2 Notices. We may send you notice by email to the address on your account, or by posting notice within the Service. Notice to us should be sent to team@poolpartypickem.com.
15.3 Assignment. We may assign this Agreement, in whole or in part, without your prior consent, including in connection with a merger, acquisition, or sale of assets. You may not assign this Agreement without our consent.
15.4 No Waiver; Severability. A waiver of any part of this Agreement in one instance is not a waiver of any other part or instance. If any provision of this Agreement is found unenforceable, that provision may be severed and the remainder will continue in full force and effect.
15.5 Survival. The following Sections survive the expiration or termination of this Agreement: 5.5, 5.8, 6.2, 7, 8, 9, 10, 11, 12, 13, 14, and 15.
15.6 Entire Agreement. This Agreement makes up the entire agreement between us regarding the Service and replaces all prior written or spoken agreements or understandings between us regarding the Service.
If you have any questions, please contact us at team@poolpartypickem.com.
