Terms of service

Agreement to these terms

Pckup has updated its Terms of Service in compliance with the California Consumer Privacy Act (CCPA).

These Terms and Conditions ("Terms") set forth the terms and conditions that Senpex, Inc., doing business as Pckup ("Pckup") requires you to accept in order to download, install, access, or use the Pckup platform ("Platform") via our website for same-day courier services ("Website") and/or via any associated application or API ("App") in order to receive Delivery Services from other Users of the Platform. These Terms, whether stated or otherwise referenced herein, constitute a legally binding agreement between you and Pckup. By using or accessing the Pckup Platform in any manner · including downloading, installing, or using any App, or receiving any Delivery Services · you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as published from time to time on our Website.

Upon accessing or using the Pckup Platform, or receiving or performing Delivery Services, you become a "User" of Pckup's Platform, in the capacity of a "Sender," as further described herein. You may only access the Platform through the Website, an App, or other specifically authorized means. It is your responsibility to ensure that you download the correct App for your mobile device, tablet, computer, or similar device ("Device"). Pckup is not liable if you do not have a compatible Device or if you have downloaded an incorrect version of the App for your Device. Pckup reserves the right to terminate your access to the Platform if you access it using an incorrect version of the App or an incompatible or unauthorized Device.

Pckup reserves the right to modify the terms and conditions of these Terms, or any of its policies relating to the Platform or the accessing of Delivery Services by Users, at any time, effective upon posting of an updated version of the Terms on our Website. You are responsible for regularly reviewing the Website for any updates to the Terms. Your continued use of the Platform following any such updates shall constitute your consent to all changes made in that update and your affirmation of your agreement to the updated Terms as a whole.

Our Services Unite Drivers and Senders

Our Platform facilitates connections between individuals and/or businesses ("Senders") that wish to contract with someone to pick up, carry, and/or deliver personal property and goods ("Delivery Services") and individuals and/or businesses seeking to perform those Delivery Services ("Drivers"). The performance of Delivery Services by a Driver, the time period during which those Delivery Services are performed, and the item(s) of personal property and goods being picked up, carried, and/or delivered are collectively referred to as a "Gig." Drivers and Senders together are referred to as "Users" of our Platform.

Our Platform connects independent, third-party Drivers who wish to fulfill Gigs with third-party Senders who post them, and provides those Senders with a means to locate Drivers and schedule their Gigs. Drivers are self-employed independent contractors who choose to perform Delivery Services for Senders posting Gigs on our Platform. At no time does Pckup control whether or when a Sender posts a particular Gig, or whether or when a Driver elects to accept a particular Gig.

PCKUP IS A LOGISTICS MANAGEMENT PLATFORM AND DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NOT A TRANSPORTATION CARRIER. IT IS THE THIRD-PARTY DRIVER'S SOLE DECISION WHETHER TO OFFER FOR AND PROVIDE THE DELIVERY SERVICES REQUESTED BY A SENDER.

Pckup Is Not Responsible for the Actions of Its Drivers or Senders

Our Platform enables connections between Users to contract for Gigs; however, Pckup has no control over and is not responsible for the performance, actions, or inactions of any User, whether in connection with the use of our Platform, the receiving or providing of Delivery Services via our Platform, in public, private, or offline interactions, or otherwise. That is why we rely on YOU, our Users, to follow certain rules to keep the Pckup community safe, friendly, and helpful for all.

Most importantly, every time you access or use the Platform or receive Delivery Services through the Platform, you expressly agree, represent, and warrant that, at the time of each such access or use:

• You are legally entitled to and have the right, authority, and capacity to enter into the agreements set forth in these Terms and to fulfill your obligations hereunder.
• Your use of the Platform is for your sole, personal use, and you will not resell access to any third party.
• You are at least 18 years of age, or such older age as may be required in a state or jurisdiction that restricts the ability to enter into agreements based on age. If you do not meet the required age, you must not use the Platform.
• You will create and maintain only one User account.
• You will keep your User account password and any identification credentials provided by Pckup secure and confidential.
• You will provide Pckup with proof of identity as reasonably requested, and will not impersonate any person or entity, or falsify or misrepresent yourself or your affiliation with any person or entity, including Pckup, whether actively or by omission.
• You will not represent yourself as an agent, subcontractor, representative, employee, or affiliate of Pckup.
• You will only access and use the Platform and receive Delivery Services for lawful purposes and in accordance with all applicable laws and regulations.
• You will not access or use the Platform, or receive Delivery Services, for shipping, sending, or storing any unlawful material; for fraudulent purposes; for promoting or encouraging any illegal activity; or for committing or assisting in the commission of a crime.
• You will keep in strict confidence and shall not disclose or use for the benefit of others any confidential, proprietary, personally identifiable, and/or protected health information of third parties of which you may become aware as a User, except as strictly necessary to carry out and perform under these Terms.
• You will not collect or store any information about any other User, and will not access or use information about any other User other than as permitted through the Platform and only as strictly necessary during the performance of a Gig.
• You will not contact any other User directly or outside of the Platform. You shall not contact another User directly once a Gig is complete.
• You will not stalk, intimidate, threaten, or otherwise harass or cause physical or mental distress to any third party, including other Users and Pckup staff and representatives.
• You will not copy or distribute text, graphics, images, music, software, audio, video, information, or other materials related to our Website, Platform, or App ("Content") without prior written permission from Pckup.
• You will not access or use our Platform, or receive Delivery Services, in any way that could cause nuisance, annoyance, or inconvenience, or that could interfere with or negatively affect other Users' ability to fully use or enjoy the Platform or receive Delivery Services.
• You will not infringe upon the rights of any third party (including other Users and Pckup), including intellectual property, privacy, publicity, or contractual rights.
• You will not discriminate against any person based on traits such as age, color, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation.
• You will not assist any third party in any of the above.

ALL CONTACT BETWEEN USERS MUST CEASE WHEN THE GIG IS COMPLETE. TEXTING, CALLING, VISITING, OR ATTEMPTING TO VISIT ANOTHER USER IN PERSON AFTER THE GIG HAS BEEN COMPLETED IS STRICTLY PROHIBITED. YOU MUST IMMEDIATELY ALERT PCKUP IF ANOTHER USER CONTACTS YOU FOR ANY REASON OTHER THAN THE PERFORMANCE OF YOUR GIG.

Maintaining a safe, friendly, and helpful Pckup community requires that all Users treat one another with respect and dignity. Pckup strictly enforces its Non-Discrimination Policy and Respect Others Policy as set forth below.

ANY USER FOUND TO HAVE VIOLATED PCKUP'S NON-DISCRIMINATION POLICY OR RESPECT OTHERS POLICY WILL IMMEDIATELY AND PERMANENTLY LOSE ALL ACCESS TO THE PCKUP PLATFORM.

Pckup Non-Discrimination Policy

Pckup and its affiliates prohibit discrimination against any User or other third party based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable law. Pckup is committed to ensuring that all Users feel safe and welcome, and we do not tolerate any conduct that we determine to be discriminatory.

Pckup Respect Others Policy

Pckup prohibits all Users from displaying any aggressive, confrontational, intimidating, threatening, or harassing behavior toward others, including without limitation:

• Hitting, hurting, or intending to hurt any person or animal, or threatening to do the same.
• Using language or making gestures that are disrespectful, harassing, or threatening.
• Sexual assault, sexual harassment, or sexual misconduct of any kind. Assault includes any intentional bodily contact made without the explicit consent of the other person. Sexual harassment and misconduct include, without limitation, unconsented advances, behaviors, and remarks such as nudging, whistling, winking, or flirting; discussing one's own or another person's sex life; using explicit language; or making jokes of a sexual nature.
• Disrespecting personal space and/or privacy, such as standing unnecessarily close to another person, commenting on personal appearance, perceived gender identity, or sexual orientation, or asking unrelated personal questions.

Background Checks

Driver Background Checks

For your safety, Pckup performs thorough background checks on all of its Drivers.

SENDERS SHOULD ALWAYS VERIFY A DRIVER'S IDENTIFICATION AND CONFIRM THAT IT MATCHES THE DRIVER'S INFORMATION IN THE APP PRIOR TO HANDING OVER THEIR GIG.

Sender Screening

Pckup does not currently conduct background checks or screening on Senders for the purposes of allowing them to access and use our Platform to arrange for Delivery Services. However, Pckup reserves the right to begin conducting such checks and screening of Senders as it deems appropriate in its sole discretion.

Any screening or background check process is not a substitute for good judgment when interacting with other Users. At all times while accessing or using our Platform and during any Gig, you must exercise caution and use common sense.

ALL USERS ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING OUR PLATFORM TO RECEIVE DELIVERY SERVICES, THEY MAY BE EXPOSED TO UNKNOWN THIRD PARTIES AND GIG CONTENTS THAT MAY BE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE, OR OTHERWISE OBJECTIONABLE.

Protection of Personally Identifiable Information and Protected Health Information

For the protection of all Users, Gig Drivers are required to safeguard Personally Identifiable Information (PII) and Protected Health Information (PHI) in accordance with the following provisions.

Personally Identifiable Information

Personally Identifiable Information (PII) refers to information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. It is important to recognize that non-PII can become PII whenever additional information is made available · in any medium and from any source · that, when combined with other available information, could be used to identify an individual. Pckup and its Drivers are under a strict obligation not to use or disclose PII except as necessary to perform and deliver Gigs.

Protected Health Information

If a Driver delivers Gigs containing prescriptions, medications, or other medical documents, the Driver may have access to Protected Health Information (PHI). Pckup and its Drivers are under a strict obligation not to use or disclose any person's PHI except as necessary to perform and deliver Gigs. In addition, such Drivers must comply with all applicable federal, state, and local laws, including the Health Insurance Portability and Accountability Act (HIPAA), as amended, and all regulations and agency guidance applicable to "business associates." To learn more about complying with these regulations, please visit: https://www.hhs.gov/hipaa/for-professionals/faq/business-associates/index.html

BY USING THE PCKUP PLATFORM TO RECEIVE DELIVERY SERVICES, YOU MAY GAIN KNOWLEDGE OF THIRD PARTIES' CONFIDENTIAL, PROPRIETARY, PERSONALLY IDENTIFIABLE, AND/OR PROTECTED HEALTH INFORMATION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, AS A USER OF THE PCKUP PLATFORM, YOU ARE SUBJECT TO A STRICT DUTY TO MAINTAIN THE ABSOLUTE CONFIDENTIALITY OF ALL SUCH INFORMATION AND THAT UNDER NO CIRCUMSTANCES MAY YOU DISCLOSE SUCH INFORMATION TO ANY OTHER PERSON OR USE IT FOR ANY PURPOSE OTHER THAN TO RECEIVE OR PERFORM DELIVERY SERVICES VIA THE PCKUP PLATFORM.

Restrictions on Gig Contents

Senders are prohibited from including any of the following "Prohibited Items" in a Gig:

• People.
• Anything illegal, including without limitation recreational drugs and other contraband.
• Any Hazardous Waste, defined as a "solid waste" that meets any of the criteria for hazardous waste as described in 40 C.F.R. § 261.3.
• Unset precious stones; industrial diamonds; or any article containing more than fifty percent (50%) by weight of gold, platinum, or any combination thereof in raw form, including but not limited to bullion, bars, or scraps of these metals.
• Any "Hazardous Material" not categorized as limited or excepted quantities as defined in 49 C.F.R., or categorized as limited or excepted quantities but not packaged and labeled in accordance with all applicable laws.
• Any "Special Items" listed below, unless the Sender has obtained prior written permission from Pckup.

Special Items

Only Senders with prior written permission from Pckup may include the "Special Items" listed below in a Gig. Such Senders are required to disclose each Special Item when setting up the Gig and must fully comply with all restrictions applicable to the Special Item as set forth below, as well as all applicable laws and regulations:

• Tobacco and Alcohol Products: Cigarettes or any tobacco product, wine, beer, or any other alcoholic beverage, or any other product regulated and controlled by the United States Alcohol and Tobacco Tax and Trade Bureau (TTB) · only if the items are checked in airline baggage in compliance with all applicable TSA regulations, or if the items have been paid for and are being delivered to a person who is 21 years of age or older.
• Firearms and Weapons: Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any amount · only if the items are checked in airline baggage in compliance with all applicable TSA regulations.
• Fireworks: Common fireworks · only if the items are checked in airline baggage in compliance with all applicable TSA regulations, or if the items have been paid for and are being delivered to a person who is 21 years of age or older.
• Replica or Inert Explosives or Weapons: Replica or inert explosives or weapons that bear a resemblance to actual explosives or weapons · only if the items are checked in airline baggage in compliance with all applicable TSA regulations, or if the items have been paid for and are being delivered to a person who is 21 years of age or older.
• Hazardous Materials (Limited/Excepted Quantities): Any "Hazardous Material" categorized as limited or excepted quantities as defined in 49 C.F.R. · only if packaged by the Sender and labeled in accordance with all applicable laws.
• Prescription and Regulated Medications: Prescription drugs and medicines, or regulated over-the-counter medications · only if the items are checked in airline baggage in compliance with all applicable TSA regulations, or if the items have been paid for and are being delivered in accordance with applicable state law.
• Human and Cremated Remains: Cremated remains, human remains, fetal remains, human body parts, or components thereof · only if the items are checked in airline baggage in compliance with all applicable TSA regulations.
• Oversized Items: Heavy haul, oversize, or overweight items that, individually or collectively, weigh more than 400 lbs. and/or individually exceed 12 feet in any dimension ("Oversized Items").
• Live Animals: All live animals.
• Interstate Transport: Any item(s) contained in a Gig that the Sender requests be transported across state lines (i.e., interstate).

Additional information regarding the delivery of cigarettes, tobacco products, wine, beer, or other alcoholic beverages can be found in our FAQ.

Related FAQ: What can I send through Pckup? Is there anything I can't send through Pckup?

Firearms and Weapons

Senders are responsible for ensuring that all firearms, weapons, firearm parts, weapon parts, or ammunition included in a Gig are secured in a locked container prior to being handed to the Driver. The Driver shall place the container in the trunk of the vehicle for the duration of the Gig. For additional rules and regulations regarding the transport of firearms, weapons, firearm or weapon parts, or ammunition, please refer to: https://www.law.cornell.edu/uscode/text/18/926A

Hazardous Materials ("HAZMAT")

HAZMAT may only be sent in small or excepted quantities as defined in 49 C.F.R. A common challenge for many individuals is recognizing HAZMAT, which may include everyday household items such as alcohol or seemingly benign items like dry ice (solid carbon dioxide, or CO₂). Prior to posting or offering any Gigs containing HAZMAT in any form, all Users are responsible for familiarizing themselves with the complete listings and tables of HAZMAT by consulting the following resources: http://www.gpo.gov/ and http://www.ecfr.gov/cgi-bin/retrieveECFR

Substantial civil penalties of up to $175,000.00 may be imposed on individuals who offer for shipment, cause to be shipped, or transport HAZMAT in violation of applicable regulations. See: https://www.federalregister.gov/

Senders are responsible for ensuring that all HAZMAT is properly packaged, labeled, marked, identified, and certified in compliance with all applicable legal requirements, including providing proper shipping papers with emergency response information and an emergency contact telephone number. There are numerous additional legal requirements that Senders must satisfy before posting any Gig containing HAZMAT, in order to avoid significant penalties. Please refer to: https://www.govinfo.gov/app/details/CFR-2011-title49-vol2/CFR-2011-title49-vol2-part172

It is every Sender's duty and obligation to know and comply with all applicable federal and state laws relating to the pick-up and delivery locations of any Gig and all items contained in a Gig · whether a Special Item or not · including without limitation those laws governing the transportation of items across state lines, prohibiting the transportation or shipment of certain items within or between states, restricting the quantities of certain items that may be shipped, and age restrictions.

Pckup has no liability or responsibility if a Sender fails to comply with these Terms or all applicable laws with respect to the inclusion or acceptance of any items in a Gig. Pckup is not responsible for the contents or loss of any Prohibited Item or any undisclosed Special Item. Pckup reserves the right to dispose of any Prohibited Item in its sole discretion and reserves all rights to instruct its Drivers on the appropriate disposal of any Prohibited Item, including delivery to the proper authorities.

PCKUP ASSUMES NO RESPONSIBILITY OR LIABILITY TO SENDERS FOR THE INCLUSION OF ANY PROHIBITED ITEMS IN ANY GIG, A SENDER'S FAILURE TO DISCLOSE A SPECIAL ITEM OR LIVE ANIMAL, OR A SENDER'S FAILURE TO COMPLY WITH ALL LAWS APPLICABLE TO THE GIG.

Oversized Items

Senders are prohibited from including Oversized Items in Gigs. However, many Gigs contain items that fall just below the Oversized Item threshold, and such bulky and/or heavy items may require a Driver to have a larger vehicle, special equipment, and/or sufficient physical strength in order to fulfill the Gig properly. Senders are required to accurately disclose the size of the items in any Gig they request.

Packaging

Sender Open Box Policy

Pckup encourages the use of minimal packaging both to benefit the environment and to allow Drivers to readily identify what they are transporting. When packaging is required or desired, Pckup strongly encourages its Senders to adhere to an Open Box Policy. Under Pckup's Open Box Policy, Senders should always leave packaging open so that a Driver may inspect the contents before departing with the Gig. If a Sender does not leave packaging open, a Driver retains the right to require the Sender to open the packaging for inspection prior to accepting the Gig.

New-In-Box Items

If all or part of a Gig contains new-in-box items that have been pre-packaged by the Sender and are not accessible for a Driver to inspect, the Driver is responsible for inspecting the exterior of the packaging prior to departure.

Packing Your Gigs Generally

Senders are responsible for packaging items appropriately based on the level of risk, fragility, and other factors specific to each individual item. Pckup is not liable for loss or damage to any Gig that is not properly packed to withstand transport, or that does not ensure the safety and integrity of the item, or that is not packed in compliance with all applicable laws. All packaging decisions should be based on the characteristics of the item, in the sole discretion of the Sender. Pckup cannot determine what packaging is necessary for any given item. Please use good judgment when packing your Gig.

Adequate packaging of your Gig is a prerequisite for reimbursement under the Pckup Protection Plan. Senpex, Inc. (doing business as Pckup) shall have no responsibility to provide coverage under its Protection Plan for any loss of, or damage to, any item that has not been adequately packaged.

Packing Live Animals

All live animals must be packed in a cage or container that is adequate to safely contain the animal, taking into account the likelihood of bursting and crushing. Packages containing animals that require moisture during a Gig must be constructed of water-resistant material, such as wax-coated, wax-impregnated, or plastic corrugated material. Ventilation openings should be provided as necessary. Internal packaging materials must be selected based on the characteristics of the animal and with consideration for the animal's humane care throughout the duration of the Gig. Lizards and geckos should be individually contained in bags constructed of breathable material, such as burlap. Insects should be contained in individual primary containers such as plastic jars with ventilation. Fish must be double-bagged in strong plastic bags with a minimum thickness of 4 mils; each primary bag should be approximately one-third full of water with the remainder filled with oxygen.

Unless otherwise specifically arranged with the Driver, a Sender shall provide the Driver with adequate food, water, food and water bowls, and any other items required to meet the animal's needs during the Gig. A Sender must also provide the Driver with any additional packaging needed to prevent movement of primary containers or receptacles within the outer container holding the animal.

Drivers are required to transport all animals inside an appropriately heated or air-conditioned vehicle with all temperature controls in proper working order. Under no circumstances may any animal be transported in the trunk or truck bed of any vehicle. Drivers are required to provide the animal with food and water at regular intervals and to make regular stops to allow the animal to relieve itself, as needed.

Pckup Protection Plan

Pckup wants you to feel confident that your Gig is in good hands. The Pckup Protection Plan will reimburse a Sender for its actual costs to replace or repair items of personal property that are lost, damaged, or stolen during a Gig · provided that such loss, damage, or theft arises directly from a Driver's negligence or willful misconduct · up to a maximum of $250.00 per Gig. This maximum applies regardless of how many items are included in the Gig.

Additional Protection

A Sender has the option to purchase Additional Protection for higher-value Gigs by emailing Pckup at contact@senpex.com. The current cost of Additional Protection will be displayed in the App when a Sender arranges a Gig, and any Additional Protection must be purchased at the time the Gig is arranged. No Additional Protection may be added once the Gig has been assigned to a Driver.

If a Sender purchases Additional Protection, Pckup will reimburse the Sender for its actual costs to replace or repair items of personal property that are lost, damaged, or stolen during the Gig and arising directly from a Driver's negligence or willful misconduct, up to a maximum amount equal to the Additional Protection purchased. The total amount of Additional Protection applies regardless of how many items are included in the Gig.

A Sender must prove the value of the item(s) in the Gig subject to the claim, regardless of the declared value or the amount of Additional Protection purchased. Pckup will not pay any claim without proof of the declared value. Documentation verifying the replacement or repair cost of the item(s) subject to the claim must also be provided.

PLEASE BE AWARE THAT REGARDLESS OF THE TOTAL VALUE YOU DECLARE FOR YOUR GIG OR ANY INDIVIDUAL ITEMS CONTAINED THEREIN, PCKUP'S MAXIMUM REIMBURSEMENT FOR LOSS OR DAMAGE TO ANY OR ALL ITEMS IN THE GIG IS $250.00 UNLESS YOU PURCHASE ADDITIONAL PROTECTION.

Qualification for Protection

To qualify for the Pckup Protection Plan, the Sender must declare the value of all items in the Gig and comply with Pckup's other requirements when initiating the Gig in the App or on the Website, including photographing all items included in the Gig. When submitting a claim, the Sender must complete a claim form and fully cooperate with Pckup in investigating the claim, providing such information and documentation as Pckup reasonably requests, including, where applicable, any packaging used by the Sender for the damaged item, proof of the item's value, and, where applicable, a satisfactory police report. Pckup will have no liability to a Sender, and no obligation to pay on a Sender's claim, if the Sender fails to cooperate with Pckup's investigation.

Limits on Recovery

Pckup's liability to any Sender for loss, damage, or theft of the Sender's personal property during a Gig is always limited to the Sender's actual, documented costs to repair or replace the items subject to the claim. This applies whether the basic Protection Plan is in effect or whether the Sender has purchased Additional Protection. Regardless of the amount of Protection purchased, Pckup will only reimburse a Sender for actual, documented costs to repair or replace the items subject to the claim. Additionally, notwithstanding a Sender's purchase of Additional Protection, Pckup is not liable for loss and/or damage to any Gig or item(s) therein if the item(s) were not properly packaged to withstand transport.

The Pckup Protection Plan limits a Sender's recovery for loss or damage to certain categories of items, and these limits apply whether or not Additional Protection has been purchased. If your Gig contains one of the items listed below, Pckup's maximum liability and obligation for loss, theft, or damage to such items is as follows:

• Checks: Pckup's liability for checks is limited to the cost of stopping payment on and reissuing the check. Pckup will not pay the face value of the check. Maximum reimbursement: $100.00 per Gig.
• Coins, Currency, Postage Stamps, Negotiable Instruments, and Money Orders: Pckup shall have NO liability for loss, theft, or damage to coins, currency, postage stamps, negotiable instruments, or money orders. No reimbursement.
• Phone Cards, Tickets, Gift Cards and Certificates, Coupons, and Similar Items: Pckup's liability is limited to the cost of replacing the physical card, certificate, or printed matter. Pckup is not liable for the face value of the card, gift certificate, coupon, or similar item. Maximum reimbursement: $100.00 per Gig.
• Animals: Pckup shall have NO liability for loss, theft, injury, or death of any live animal. No reimbursement.
• Perishable Items: Pckup's liability for perishable items is limited to items that were properly packaged to withstand transport for the duration of the Gig as requested by the Sender, and only if the loss or damage resulted from the Driver's failure to complete the Gig within the time specified in the request. Maximum reimbursement: $250.00 per Gig.
• Media: Pckup's liability for media · such as documents, film, or photographs · is limited to the replacement cost of the media on which the content is recorded. Pckup will not reimburse for emotional damages related to the loss or any direct or indirect damages related thereto. Maximum reimbursement: up to the limits of Additional Protection selected by the Sender.
• Heirlooms, Antiques, and One-of-a-Kind Items: Pckup's liability for heirlooms, antiques, or one-of-a-kind items is limited to the actual monetary value of the item as demonstrated by an invoice, sales receipt, appraisal, or other verifiable proof of value for a comparable item. Pckup will not reimburse for sentimental value or any direct or indirect damages related thereto. Maximum reimbursement: up to the limits of Additional Protection selected by the Sender.
• Unopened, New-in-Box Consumer Electronics: Pckup's liability is limited to cases involving significant, visible, and documented damage to the packaging of the item that occurred while in the Driver's possession. Maximum reimbursement: up to the limits of Additional Protection selected by the Sender.
• Used Electronics: Pckup shall have NO liability for "used" electronics. "Used" is defined as any item that has been opened and removed from its original packaging, even if never actually used. No reimbursement.
• Prohibited and Undisclosed Special Items: Pckup shall have NO liability for any Prohibited Item or any undisclosed Special Item. No reimbursement.

SENDERS WHO INCLUDE ANY OF THE ABOVE ITEMS IN A GIG DO SO ENTIRELY AT THEIR OWN RISK. PCKUP WILL NOT REIMBURSE ANY SENDER FOR ANY GIG OR THE ITEMS THEREIN IN EXCESS OF THE MAXIMUM REIMBURSEMENT LIMITS SET FORTH ABOVE, REGARDLESS OF THE ITEMS' ACTUAL VALUE AND REGARDLESS OF WHETHER THE SENDER PURCHASED ADDITIONAL PROTECTION. THE PCKUP PROTECTION PLAN DOES NOT APPLY TO ANY PROHIBITED ITEM OR UNDISCLOSED SPECIAL ITEM, AND UNDER NO CIRCUMSTANCES WILL PCKUP REIMBURSE ANYONE FOR LOSS OR DAMAGE TO A PROHIBITED ITEM OR UNDISCLOSED SPECIAL ITEM, WHETHER OR NOT ADDITIONAL PROTECTION HAS BEEN PURCHASED.

Additional Limitations Applicable to Certain Senders

Pckup shall have no liability to a Sender for loss, damage, or theft of items in a Sender's Gig if the Sender is a courier, delivery service, or other entity that provides aggregation and/or fulfillment services for deliveries (a "Third-Party Logistics Provider") and uses Delivery Services provided through the Pckup Platform to deliver items that such Third-Party Logistics Provider has been retained to deliver. The determination of whether a Sender qualifies as a Third-Party Logistics Provider is made at Pckup's sole discretion.

Filing a Claim

As a Sender, you must file a claim within three (3) business days of the Gig's delivery. To file a claim:

• Collect proof-of-value documentation and photographs of the items subject to the claim.
• For claims related to damaged items, retain the damaged items. If Pckup approves the claim, Pckup will need to collect the items. Complete all fields on the claim form.
• Email the completed claim form, proof-of-value documentation, and all photographs of the damaged items to contact@senpex.com.

Most claims will be resolved within ten (10) business days of receiving your completed claim form and supporting documentation. Pckup will notify you of its decision and the amount to be paid. After you sign a release, Pckup will issue a check, credit your PayPal account, or replace the item, at Pckup's sole option. That decision is final and is not subject to appeal.

Proof of Value and Packaging

A Sender must prove the value of the item(s) subject to the claim, regardless of the value declared or the amount of Additional Protection purchased. Pckup will not pay any claim without proof of the declared value. Documentation verifying the replacement or repair cost of the item(s) must also be provided. Additionally, a Sender must provide all packaging used for the items subject to the claim, or the items themselves, when submitting a claim. In cases involving an unexplained loss or other mysterious disappearance of an item, the Sender must also provide a satisfactory police report regarding the lost item or Gig.

Repairing or Replacing an Item

When repairing or replacing items, Pckup may reimburse the Sender based on:

• The lowest price paid for the item; or
• The replacement cost of the item at the time and place of loss or damage; or
• The cost to repair the damaged item, as supported by a third-party repair quote or evaluation from a qualified repair facility.

If a qualified third party determines that an item is not repairable, Pckup will pay the actual or replacement value up to the maximum liability under the Pckup Protection Plan. All repair quotes must be submitted as part of the claims process. While Pckup may reimburse the cost of repair, the responsibility for arranging the repair remains with the Sender.

Loss or Damage to a Portion of an Item or Set

In the event of loss or damage to a set of items, Pckup is only liable for the value of the portion of the set that was lost or damaged, and not for the value of the set as a whole. In the event of loss or damage to any part of an item (including any component of a machine) consisting of multiple parts, Pckup is only liable for the value of the part that was lost or damaged, not to exceed the declared value of that part, and in no event will Pckup be liable for the value of the complete item.

Third-Party Claims Providers

Pckup may utilize a third-party provider to manage the claims process. In cases involving damage to a Pckup Special Item, Pckup (or its provider) will analyze the integrity of the packaging and associated materials and will determine the adequacy of packaging in its sole discretion. You acknowledge and agree that, outside of the Pckup Protection Plan, Pckup does not have control over and bears no responsibility for any damage to the contents of a Gig, and that the Driver is solely responsible to the Sender for such damage.

Additional information regarding the Pckup Protection Plan and claims for loss and damage can be found in our FAQ.

SMS and Text Message Communications

By using the Pckup Platform and providing your mobile phone number, you consent to receive text messages from Senpex, Inc. (doing business as Pckup) related to your deliveries and account. These messages are transactional and operational in nature and may include order status updates, delivery coordination, dispatch communications, account alerts, and customer support follow-ups. Pckup does not send promotional or marketing text messages.

Message frequency varies. Message and data rates may apply. You may opt out of receiving text messages at any time by replying STOP to any message from Pckup. For assistance, text HELP or visit our website at https://www.pckup.com/. Visit https://www.pckup.com/legal/customer-privacy for privacy policy and https://www.pckup.com/legal/terms for Terms of Service.

Cancellations and No-Shows

Cancellation by Senders

If a Sender needs or wishes to cancel a Gig, please do so as soon as possible. This will notify the Driver and allow them to accept other Gigs. To cancel a Gig, tap "Cancel" on the Gig Details screen within the Pckup App, or call Customer Support at 669-777-5733.

What Happens When a Sender Cancels or Is a No-Show?

Pckup will charge a Sender $10.00 for each cancelled Gig and/or each no-show. A Gig is deemed cancelled if the Sender cancels it after a Driver is already en route to fulfill the Gig ("Cancellation"). A Sender will be considered a no-show if the Sender fails to present the Gig at the designated pick-up or drop-off location: (1) more than 15 minutes after the agreed pick-up/drop-off time without calling, messaging, or otherwise contacting the Driver through the Platform; or (2) more than 30 minutes after the agreed pick-up/drop-off time, regardless of whether the Sender has contacted the Driver ("No-Show"). In the event of either a Sender Cancellation or a No-Show, a $10.00 cancellation fee will be automatically charged to the Sender's account.

A Sender will not be charged a cancellation fee if the Gig is cancelled before a Driver has begun traveling to the pick-up location, if Pckup or the Driver cancels the Gig for reasons not caused by the Sender, or if Pckup determines that the fee was assessed in error. Pckup may waive or adjust a cancellation or no-show fee in its reasonable discretion based on the circumstances of the Gig.

Cancellation by Drivers

Drivers may cancel an accepted Gig only through the Platform and only when reasonably necessary. If a Driver cancels, fails to appear, or is unable to complete a Gig, Pckup may attempt to identify another Driver. Pckup does not guarantee that another Driver will be available or that the Gig will be completed within the originally requested time.

Failed Pickups, Failed Deliveries, and Returns

If a Driver cannot access the pick-up or delivery location, cannot safely load or unload the Gig, cannot locate an authorized person, is refused entry, or cannot obtain required proof of delivery, the Driver may contact the Sender through the Platform and wait for instructions. Additional wait-time, redelivery, return, toll, parking, storage, disposal, or other reasonable charges may apply.

Unless otherwise agreed in writing, a Sender is responsible for all charges associated with returning, storing, redirecting, or disposing of an undeliverable Gig. Pckup may return an undeliverable Gig to the pick-up location, deliver it to another location designated by the Sender, place it in temporary storage, or take another commercially reasonable action. Pckup will not dispose of prescription medication, regulated materials, confidential records, live animals, firearms, or other sensitive items except as permitted by applicable law and any written instructions issued by an authorized party.

Delivery Requests, Estimates, and Completion

Accurate Gig Information

Senders must provide complete and accurate information for every Gig, including the correct pick-up and delivery addresses, access instructions, contact information, requested service level, item description, quantity, dimensions, weight, value, handling requirements, temperature requirements, and any legally required disclosures or documentation. Pckup and Drivers may rely on the information supplied by the Sender.

If the information supplied by a Sender is inaccurate or incomplete, Pckup may revise the price, delay or cancel the Gig, require a different vehicle or additional personnel, refuse the Gig, or charge the Sender for resulting costs. A Driver is not required to transport any item that was materially misdescribed, is unsafe, cannot reasonably fit in the selected vehicle, exceeds the disclosed weight or dimensions, or would violate these Terms or applicable law.

Delivery Times Are Estimates

Pick-up times, arrival times, delivery times, routes, and other estimates displayed through the Platform are estimates only and are not guarantees. Actual performance may be affected by traffic, weather, road closures, security procedures, building access, wait times, inaccurate instructions, vehicle problems, public emergencies, acts or omissions of Users or third parties, and other circumstances outside Pckup's reasonable control.

Unless Pckup expressly agrees otherwise in a separate written contract signed by an authorized Pckup representative, time is not of the essence and Pckup does not guarantee delivery by any particular deadline. Senders must not use the Platform for any item whose late delivery could reasonably cause death, bodily injury, significant property damage, loss of legal rights, or other extraordinary harm.

Proof of Pick-up and Delivery

Pckup or a Driver may collect photographs, signatures, names, identification checks, barcodes, PINs, timestamps, geolocation information, notes, or other evidence relating to pick-up and delivery. A Sender authorizes Pckup and Drivers to collect and use such information for operating the Platform, confirming performance, preventing fraud, resolving disputes, supporting claims, complying with law, and enforcing these Terms, subject to Pckup's Privacy Policy.

A Gig may be treated as completed when the Driver follows the Sender's instructions and obtains the proof of delivery reasonably required by the Platform or the Gig. A person present at the delivery location who accepts the Gig may be treated as authorized to receive it unless the Sender provided different written instructions before delivery.

Changes to a Gig

A Sender may request changes to a Gig through the Platform or Customer Support. A requested change is not effective until accepted through the Platform or confirmed by Pckup. Changes to addresses, timing, item quantity, weight, dimensions, service level, required vehicle, stops, waiting time, or handling requirements may result in additional fees and may require reassignment to another Driver.

Fees, Payment, Credits, and Taxes

Pricing and Additional Charges

Prices displayed through the Platform are based on the information provided by the Sender and may include base charges, distance, time, vehicle type, service level, demand, wait time, additional stops, tolls, parking, loading or unloading assistance, after-hours service, returns, redelivery, cancellation, taxes, regulatory charges, and other applicable fees. Pckup may correct pricing errors and may adjust the final charge when the actual Gig differs from the information originally provided.

For business, enterprise, API, or contracted accounts, pricing and payment terms in a separate written agreement, statement of work, rate card, or order form will control to the extent of a direct conflict with these Terms.

Payment Authorization

By providing a payment method, you represent that you are authorized to use it and authorize Pckup and its payment processors to charge all amounts due under these Terms. You authorize Pckup to store payment credentials through its payment processor, perform preauthorizations, place temporary holds, make incremental authorizations, retry failed charges, and charge amounts arising after a Gig is completed, including adjustments, cancellation fees, wait-time charges, tolls, parking, returns, redelivery, claims-related amounts, and other properly disclosed charges.

You must promptly update expired or inaccurate payment information. If payment is declined or reversed, Pckup may suspend your account, cancel pending Gigs, use another payment method associated with your account, offset amounts owed against credits or other amounts payable to you, and pursue collection of the unpaid balance. You are responsible for reasonable collection costs to the extent permitted by law.

Invoices and Disputes

You must review receipts and invoices promptly. Unless a longer period is required by applicable law or a separate written agreement, billing disputes must be submitted to Pckup within thirty (30) days after the charge first appears on your receipt, invoice, or payment statement. Your notice must identify the disputed charge and explain the basis for the dispute. Failure to provide timely notice may limit Pckup's ability to investigate, but does not waive rights that cannot lawfully be waived.

You agree to contact Pckup and allow a reasonable opportunity to investigate before initiating a payment-card chargeback. Filing a knowingly false or fraudulent chargeback is a material breach of these Terms.

Credits, Promotional Offers, and Refunds

Credits, coupons, promotional offers, and referral benefits have no cash value, are non-transferable, may be subject to additional terms and expiration dates, and may be revoked if obtained through fraud, abuse, mistake, or violation of these Terms. Pckup may modify or discontinue a promotional program at any time, subject to applicable law.

Except as expressly stated in these Terms, the Pckup Protection Plan, a separate written agreement, or applicable law, all fees are final and non-refundable. Any refund, credit, or adjustment issued by Pckup is discretionary and does not create an obligation to provide the same or a similar remedy in the future.

Taxes

Fees may be exclusive of sales, use, excise, gross-receipts, value-added, or similar taxes. You are responsible for taxes arising from your use of the Platform or receipt of Delivery Services, other than taxes based on Pckup's net income. Pckup may collect and remit taxes when required by law.

User Accounts and Business Accounts

Account Information and Security

You must provide accurate, complete, and current account information and keep it updated. You are responsible for all activity occurring under your account, including activity by employees, contractors, agents, or any other person to whom you provide access. You must use reasonable safeguards to protect your login credentials, API credentials, Devices, and account information, and must notify Pckup immediately of suspected unauthorized access or security incidents.

Pckup may require identity, payment, business, or authority verification before allowing access to certain Platform features. Pckup may refuse registration, require additional verification, or limit account functionality when reasonably necessary to prevent fraud, protect Users, comply with law, or manage risk.

Use on Behalf of an Organization

If you access or use the Platform on behalf of a company, government entity, nonprofit, or other organization, you represent and warrant that you have authority to bind that organization to these Terms. In that case, "you" and "your" include both you and the organization, and the organization is responsible for all Users, Gigs, fees, and activity associated with its account.

Business account administrators may manage account settings, view account activity, access delivery information, add or remove Users, and control integrations. Individual Users of a business account acknowledge that the account owner may access and control information associated with that account, subject to applicable law and the organization's own policies.

Platform License and Intellectual Property

Limited License

Subject to your compliance with these Terms, Pckup grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform solely for its intended purpose. No rights are granted except as expressly stated in these Terms.

You may not, and may not permit another person to: copy, modify, distribute, sell, lease, sublicense, publicly display, or create derivative works from the Platform; reverse engineer, decompile, disassemble, or attempt to derive source code, algorithms, models, or non-public APIs; bypass technical restrictions; scrape or systematically extract data; introduce malware; interfere with security or operation; use automated means except through an authorized API; test for vulnerabilities without written authorization; or use the Platform to develop or train a competing product or service.

Ownership

The Platform, Content, software, designs, interfaces, trademarks, service marks, trade names, logos, databases, compilations, and all related intellectual property are owned by Pckup or its licensors and are protected by applicable intellectual property laws. "Pckup," the Pckup logo, and all related names and marks may not be used without Pckup's prior written permission.

User Content

You retain ownership of information, photographs, delivery instructions, item descriptions, reviews, comments, files, and other content that you submit through the Platform ("User Content"). You grant Pckup a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, modify, display, transmit, and otherwise use User Content as reasonably necessary to operate, secure, improve, support, and promote the Platform; perform Gigs; resolve disputes and claims; comply with law; and enforce these Terms.

You represent and warrant that you have all rights and permissions necessary to provide User Content and that Pckup's permitted use of it will not violate any law or third-party right. Do not submit information that is unnecessary for the Gig, including unnecessary sensitive personal information or protected health information.

Feedback

If you provide ideas, suggestions, or feedback concerning Pckup or the Platform, you grant Pckup a perpetual, irrevocable, worldwide, royalty-free right to use and commercialize that feedback without restriction or compensation.

API and Integration Terms

If Pckup provides you with API keys, webhooks, software development kits, documentation, sandbox access, or other integration tools, you may use them only for your authorized internal business purposes and in accordance with Pckup's technical documentation and any applicable written agreement.

You must protect all credentials, use appropriate authentication and encryption, comply with rate limits, validate webhook messages, maintain reasonable security controls, and promptly notify Pckup of any compromise. You may not share credentials, circumvent usage limits, cache or retain data longer than necessary, use Platform data to build a competing service, or attempt unauthorized access to any account, system, or data.

Pckup may modify, throttle, suspend, deprecate, or discontinue an API or integration when reasonably necessary for security, legal compliance, reliability, product changes, or abuse prevention. When commercially reasonable, Pckup will provide advance notice of material breaking changes to production APIs, but no particular notice period is guaranteed unless stated in a separate written agreement.

Third-Party Services and App Stores

The Platform may rely on or link to third-party services, including mapping, communications, payment processing, identity verification, background screening, analytics, cloud hosting, and customer systems. Pckup does not control and is not responsible for third-party services, their availability, or their terms and privacy practices. Your use of third-party services may be governed by additional terms.

If you download an App from Apple App Store, Google Play, or another app marketplace, you acknowledge that these Terms are between you and Pckup, not the marketplace operator. The marketplace operator has no responsibility for the App or Delivery Services, except to the extent required by its applicable marketplace terms. You must comply with all applicable marketplace rules.

Location Information and Device Permissions

Certain Platform features require access to location information, camera, photographs, notifications, contacts, Bluetooth, or other Device functions. You may control permissions through your Device settings, but disabling permissions may prevent the Platform from functioning properly. Location information may be approximate and should not be relied on for emergency, safety-critical, or legally required tracking.

Privacy and Data Security

Pckup's collection, use, disclosure, retention, and protection of personal information is described in the Pckup Privacy Policy, available at https://www.pckup.com/legal/customer-privacy. The Privacy Policy is incorporated into these Terms by reference. If these Terms conflict with the Privacy Policy regarding the handling of personal information, the Privacy Policy will control for that subject.

You are responsible for obtaining any notices, consents, authorizations, or agreements required before providing personal information, protected health information, recipient information, employee information, or other third-party data to Pckup or a Driver. If your use of the Platform involves protected health information and Pckup is acting as your business associate, the parties must enter into a separate written Business Associate Agreement before such use.

No method of transmission or storage is completely secure. Pckup uses reasonable safeguards but cannot guarantee that unauthorized third parties will never defeat security measures or access information. You must use the Platform in a manner appropriate to the sensitivity of the information involved and must not transmit highly sensitive information unless the Platform feature and your agreement with Pckup expressly permit it.

Service Availability and Platform Changes

Pckup may add, remove, suspend, or modify features, service areas, operating hours, vehicle categories, pricing methods, integrations, or other aspects of the Platform. Pckup does not guarantee that the Platform or any particular Driver will be available at all times or in every location.

The Platform may experience interruptions, delays, errors, maintenance, cyberattacks, telecommunications failures, or other problems. Pckup may take any action reasonably necessary to maintain security, prevent fraud, comply with law, protect Users, or preserve the integrity of the Platform.

Suspension and Termination

You may stop using the Platform at any time. You may request closure of your account by contacting Pckup, subject to payment of outstanding amounts, completion of pending Gigs, legal retention obligations, and any rights or obligations that survive termination.

Pckup may investigate suspected violations and may warn, restrict, suspend, or terminate access to the Platform; cancel or reassign Gigs; withhold or reverse credits; remove content; or take other appropriate action if Pckup reasonably believes that you have violated these Terms, created safety or legal risk, engaged in fraud or abuse, failed to pay amounts due, misused the Platform, or acted in a manner harmful to Pckup, Users, or third parties.

Pckup may also suspend or discontinue the Platform or your access for business, operational, legal, or security reasons. When reasonable under the circumstances, Pckup will provide notice. Pckup is not required to provide notice before taking action to address an emergency, suspected fraud, unlawful conduct, security threat, risk of harm, or material breach.

Termination does not relieve you of obligations incurred before termination. Provisions that by their nature should survive will survive, including payment obligations, ownership, confidentiality, disclaimers, limitations of liability, indemnification, dispute resolution, and general legal provisions.

Electronic Communications

You consent to receive agreements, disclosures, receipts, notices, records, and other communications electronically, including through the Platform, email, text message, or notifications. Electronic communications satisfy any legal requirement that a communication be in writing, to the extent permitted by law.

You are responsible for maintaining a valid email address and mobile number and for retaining copies of communications. You may withdraw consent to electronic records by contacting Pckup, but doing so may require Pckup to close or restrict your account if electronic communications are necessary to provide the Platform.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM, CONTENT, AND ALL SERVICES MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE." PCKUP DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT.

PCKUP DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS; THAT INFORMATION OR ESTIMATES WILL BE ACCURATE; THAT A DRIVER OR GIG WILL BE AVAILABLE; THAT A GIG WILL BE COMPLETED BY A PARTICULAR TIME; OR THAT ANY USER WILL ACT SAFELY, LAWFULLY, OR AS EXPECTED.

PCKUP DOES NOT OWN, CONTROL, DIRECT, OR EMPLOY DRIVERS SOLELY BY VIRTUE OF THEIR USE OF THE PLATFORM. DRIVERS ARE INDEPENDENT THIRD PARTIES RESPONSIBLE FOR THEIR OWN ACTS AND OMISSIONS. PCKUP IS NOT AN INSURER, AND THE PCKUP PROTECTION PLAN IS A CONTRACTUAL REIMBURSEMENT PROGRAM SUBJECT TO THE TERMS, EXCLUSIONS, AND LIMITS STATED ABOVE; IT IS NOT A POLICY OF INSURANCE.

Some jurisdictions do not allow certain warranty disclaimers. In those jurisdictions, the disclaimers apply only to the maximum extent permitted by law, and nothing in these Terms limits any non-waivable statutory right.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PCKUP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OPPORTUNITY; BUSINESS INTERRUPTION; PERSONAL OR EMOTIONAL DISTRESS; OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE PLATFORM, A GIG, A DRIVER, A SENDER, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR AMOUNTS PAYABLE UNDER THE PCKUP PROTECTION PLAN OR A SEPARATE WRITTEN AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, PCKUP'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM, DELIVERY SERVICES, OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE FEES PAID BY YOU TO PCKUP FOR THE GIG GIVING RISE TO THE CLAIM; OR (B) FIVE HUNDRED DOLLARS ($500.00).

The limitations in this section apply regardless of the form of action, whether based in contract, tort, statute, strict liability, or otherwise, and apply even if a limited remedy fails of its essential purpose. They do not apply to liability that cannot lawfully be limited, including liability arising from Pckup's fraud or willful misconduct where applicable law prohibits limitation.

Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Pckup and its affiliates, officers, directors, employees, agents, licensors, service providers, and representatives from and against claims, demands, actions, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (1) your access to or use of the Platform; (2) a Gig requested, provided, handled, packaged, described, or accepted by you; (3) your User Content; (4) your violation of these Terms or applicable law; (5) your infringement or violation of a third party's rights; (6) any Prohibited Item, Special Item, HAZMAT, regulated item, or undisclosed item included in a Gig by you; or (7) the acts or omissions of persons using your account.

Pckup reserves the right to control the defense and settlement of any matter subject to indemnification. You may not settle any claim in a manner that admits fault by, imposes obligations on, or fails to fully release Pckup without Pckup's prior written consent. This section does not require a consumer to indemnify Pckup for Pckup's own negligence, fraud, or willful misconduct where such indemnification is prohibited by law.

Release

To the maximum extent permitted by law, you release Pckup and its affiliates, officers, directors, employees, agents, licensors, service providers, and representatives from claims and liabilities arising from disputes between you and another User or third party, except to the extent directly caused by Pckup's own breach of these Terms, negligence, fraud, or willful misconduct and not otherwise limited by these Terms.

If you are a California resident, you waive California Civil Code Section 1542, which provides that a general release does not extend to claims that the releasing party does not know or suspect to exist in the releasing party's favor at the time of executing the release and that, if known, would have materially affected the settlement with the released party. This waiver applies only to the extent permitted by law.

Dispute Resolution and Agreement to Arbitrate

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED BELOW.

Informal Dispute Resolution

Before filing a lawsuit or arbitration, the party asserting a dispute must send the other party a written notice describing the claimant's name and account information, the facts and legal basis of the dispute, the relief requested, and a good-faith calculation of any monetary demand. Notices to Pckup must be emailed to contact@senpex.com with the subject line "Legal Dispute Notice."

The parties will attempt in good faith to resolve the dispute for at least thirty (30) days after receipt of a complete notice. Any applicable limitations period will be tolled during that thirty-day period. If the dispute is not resolved, either party may commence arbitration or another permitted proceeding.

Binding Individual Arbitration

Except for disputes excluded below, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, a Gig, Delivery Services, communications, transactions, or the relationship between you and Pckup will be resolved by final and binding arbitration on an individual basis. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

The arbitration will be administered by the American Arbitration Association ("AAA"). Consumer disputes will be administered under the AAA Consumer Arbitration Rules, and business disputes will be administered under the AAA Commercial Arbitration Rules, as applicable and as modified by these Terms. If AAA is unavailable or unwilling to administer the matter, the parties will select another nationally recognized arbitration provider or a court of competent jurisdiction will appoint one.

Unless the parties agree otherwise, the arbitration may be conducted by video conference, telephone, written submissions, or in person in the county where you reside or at another mutually agreed location. The arbitrator may award any individual remedy available in court, but may not consolidate claims or award relief for anyone other than the individual parties to the arbitration.

Arbitration Fees

Payment of arbitration fees will be governed by the applicable AAA rules and applicable law. Pckup will not seek attorneys' fees or arbitration costs from an individual consumer unless the arbitrator determines that the claim was frivolous or brought for an improper purpose under applicable standards.

Exceptions to Arbitration

Either party may bring an individual action in small claims court if the action remains within that court's jurisdiction. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, account security, or prevent unauthorized access or abuse while arbitration is pending. Nothing in these Terms requires arbitration of a claim that applicable federal law permits a claimant to elect to bring in court, including a claim covered by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.

Class Action and Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND PCKUP AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE PROCEEDING.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND PCKUP WAIVE ANY RIGHT TO A TRIAL BY JURY FOR A DISPUTE COVERED BY THESE TERMS.

Opt-Out Right

You may opt out of this arbitration agreement by sending an email to contact@senpex.com within thirty (30) days after the date you first accept these Terms. The subject line must state "Arbitration Opt-Out." The email must include your full name, the email address and telephone number associated with your account, the name of any organization on whose behalf you use the Platform, and an unambiguous statement that you are opting out of the arbitration agreement. Opting out will not affect any other provision of these Terms or your ability to use the Platform.

Severability of Arbitration Terms

If any portion of this arbitration section is found unenforceable, that portion will be severed and the remainder will remain in effect, except that if the class action waiver is found unenforceable as to a particular claim or requested remedy, that claim or remedy will proceed in court and the remainder of the dispute will be arbitrated to the fullest extent permitted by law.

Governing Law and Venue

These Terms and any dispute not subject to arbitration are governed by the laws of the State of California, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the arbitration agreement. Subject to the small claims and arbitration provisions above, the state and federal courts located in Santa Clara County, California will have exclusive jurisdiction, and you and Pckup consent to personal jurisdiction and venue in those courts.

If you are a consumer, this choice of law and venue does not deprive you of mandatory protections provided by the law of your place of residence that cannot be waived by contract.

Time Limit to Bring Claims

To the extent permitted by law, any claim arising out of or relating to the Platform, a Gig, Delivery Services, or these Terms must be filed within one (1) year after the claim arose, or it is permanently barred. This limitation does not apply where a longer period is required by non-waivable law or to claims under the Pckup Protection Plan, which remain subject to the shorter claim-submission deadlines stated above.

Force Majeure

Pckup will not be liable for delay or failure caused by events beyond its reasonable control, including severe weather, natural disaster, wildfire, flood, earthquake, epidemic, pandemic, war, terrorism, civil unrest, labor disruption, government action, road closure, utility or telecommunications failure, cyberattack, platform-provider outage, shortage of fuel or equipment, or failure of a third-party service. This section does not excuse payment obligations for services already provided.

General Provisions

Entire Agreement and Order of Precedence

These Terms, the Privacy Policy, any policies expressly incorporated by reference, and any applicable written order form, statement of work, or enterprise agreement constitute the entire agreement concerning their subject matter and supersede prior or contemporaneous understandings concerning that subject matter. If a separate written agreement signed by an authorized Pckup representative conflicts with these Terms, the separate agreement controls only with respect to the specific subject matter of the conflict.

No Agency or Third-Party Beneficiaries

Except as expressly stated, these Terms do not create a partnership, joint venture, franchise, fiduciary, employment, or agency relationship between you and Pckup. There are no third-party beneficiaries to these Terms.

Assignment

You may not assign or transfer these Terms or your account without Pckup's prior written consent. Pckup may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, financing, reorganization, sale of assets, or operation of the Platform. Any attempted assignment in violation of this section is void.

Waiver and Severability

A failure to enforce any provision is not a waiver. A waiver must be in writing and signed by the party granting it. If any provision is found invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect, except as otherwise stated in the arbitration section.

Interpretation

Headings are for convenience only. The words "including," "includes," and similar terms mean "including without limitation." The singular includes the plural and vice versa where the context permits. These Terms will not be construed against either party as the drafter.

Changes to These Terms

Pckup may update these Terms from time to time. For material changes, Pckup may provide notice through the Platform, by email, or by another reasonable method. Unless otherwise stated, updated Terms become effective when posted. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms. Changes to the arbitration section will not apply to a dispute for which a complete Legal Dispute Notice was received before the change became effective.

Notices

Pckup may provide notices through the Platform, email, text message, or mail using the contact information associated with your account. Notices to Pckup must be sent to contact@senpex.com, unless these Terms specify a different method. Legal notices may also be delivered to Pckup's registered agent or principal business address then listed in public corporate records.

Contact Pckup

Questions about these Terms, your account, or a Gig may be directed to:

• Email: contact@senpex.com
• Phone: 669-777-5733
• Website: https://www.pckup.com/

Last Updated: March 23, 2026

BY CREATING AN ACCOUNT, ACCESSING OR USING THE PLATFORM, REQUESTING OR RECEIVING DELIVERY SERVICES, OR OTHERWISE INDICATING ACCEPTANCE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS.