PIE CREATOR CLUB REWARDS CLUB TERMS AND CONDITIONS

Get Pie, PBC (“Pie”, “we,” or “us”), offers the Pie Creator Club Membership Program (“Club”) to Pie Users that join the rewards program and host events on our website,(the “Site”), platform or services (individually and collectively the “Services”).  

By enrolling in the Club, you (“you,” “your,” or “Member”) agree to these terms and conditions (“Terms”), as may be amended by us from time to time. These Terms incorporate our then current Website Terms and Conditions [https://www.getpie.app/terms-of-service] and Privacy Policy  https://www.getpie.app/privacy-policy] by reference. In case of conflict related to the Club, the order of precedence is: (1) Privacy Policy, (2) these Terms, and (3) Website Terms. These Terms do not affect other agreements you may have Pie for other products or services.

PLEASE READ THESE TERMS CAREFULLY, AS THEY GOVERN THE REWARDS CLUB AND YOUR PARTICIPATION IN IT. IF YOU DO NOT AGREE TO THESE TERMS OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO PARTICIPATE IN THE REWARDS CLUB, THEN DO NOT ACCESS OR USE THE REWARDS CLUB. COMPLETING THE REGISTRATION PROCESS WILL CONSTITUTE UNCONDITIONAL ACCEPTANCE UNDER WHICH YOU AGREE TO BE BOUND BY THESE TERMS.

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION REQUIRES THAT ALL DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

We may update these Terms at any time. Material changes will be posted at  https://piecreatorclub.com/termsofservice and we may notify you by email. Continued participation constitutes acceptance. We may modify, suspend, or terminate the Club at our discretion.

Eligibility and Enrollment

The Club is open to Pie Users who receive invitations from us to join the Club.  Enrollment will be on a rolling basis at our sole discretion. The program is available to Pie Users for the first three calendar months after their registration. To participate Pie Users must be the age of majority in their jurisdiction (typically 18 or older) and reside in the United States. 

To enroll:

• Download App at App Store or Google Play.

• Register your account.

• Complete and Submit the onboarding form. 

• Accept these Terms.

• Set up your first plan as a Club member. Your Club membership is effective on the first day of the calendar month following your enrollment. No plans hosted prior to the Club membership start date will count towards the rewards program. 

• The program will have a duration of three calendar months from the date of sign-up.

We may refuse or cancel enrollment for any reason, including suspected fraud, abuse, or non-compliance with Club eligibility criteria.

Club Rewards & Obtaining Points

Club Members receive 1 Point for every “yes” RSVP reply they receive in response to their event invitations.  Points are not awarded until after the event occurs. 

Club Members receive 25Points for every Club Applicant that lists them as their referrer. Referral points are capped to 100 Points per calendar month during the duration of the program. Points are awarded as of the date the Club Applicant submits their application. 

Club Member points are capped at 1000 points each month.

1 Point is equal to $1.00 in value. Points will be calculated as of the last day of the calendar month your plans were hosted and application referrals are earned and post to your account on the first day of the following month. Club Members will receive an email via Tremendous.com no later than the 5th day of the following month with the Gift Certificate Payout value US Dollar value equal to the number of Points earned 

Pie has engaged Tremendous, LLC to facilitate Gift Certificate Payouts on our behalf. Tremendous, LLC may update their Terms at any time. Their current Payout Terms can be found at:  https://tremendous.notion.site/LAP-Payout-Terms-c51cb65ae3464dcb8eb1c365d980e55a

Club Member point totals will be reset to “0” on the first day of the next month. Club Members have up to 30 days after the month’s end to redeem their Gift Certificate Payout. If you join mid-month, your three month reward program will start on the first day of the following month, to give you more time to earn points and collect rewards.

Reward totals are subject to verification. We may monitor events to detect fraud or abuse, reserving the right to adjust or revoke Points obtained in a manner we deem improper and/or not consistent with these Terms.

Account Management

View your Points and Rewards via your account on the Site or by contacting customer service at support@pumpkinpie.com. Keep your account information current and secure; notify us of unauthorized use. 

Points and Rewards are not property, have no cash value, and cannot be transferred (except via our approved promotions), inherited, or combined across accounts.

Club Communications

By enrolling, you consent to receive transactional emails or texts/SMS about your Points, Rewards, and account activity. Standard messaging rates apply. See our Privacy Policy https://www.getpie.app/privacy-policy for opt-out details.

Termination and Suspension

Club Members are prohibited from engaging in any activity intended to exploit or inflate a member’s reward points. 

We may suspend, terminate or cancel your account and forfeit Points/Rewards for fraud, abuse, violation of these Terms, or illegal activity. Upon Club termination or account closure, all Points and Rewards are forfeited.

Disclaimers and Limitation of Liability

THE CLUB IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE ERROR-FREE OPERATION OR SPECIFIC OUTCOMES.

To the maximum extent permitted by law, Pie, its affiliates, directors, officers, employees, agents, and licensors (“Pie Parties”) are not liable for any indirect, incidental, special, consequential, or punitive damages arising from the Club, even if advised of the possibility. Our total liability is limited to $100. Some jurisdictions may not allow these limitations.

Indemnification

You agree to indemnify and hold harmless Pie from claims, losses, or damages (including attorneys’ fees) arising from your participation, use of Points/Rewards, or violation of these Terms or law.

BINDING ARBITRATION WITH CLASS ACTION WAIVER

ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH PIE ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Any dispute, claim, or controversy (“Dispute”) arising from these Terms or the Club must first undergo informal resolution. Send a written Dispute description (including relief sought and contact info) to support@pumpkinpie.com or via certified mail to: 306 West Erie, Chicago, IL 60654, Attn: Legal. We will negotiate in good faith, including a telephonic conference. If unresolved after 60 days, a party may proceed to arbitration or small claims court.

Disputes are resolved by individual binding arbitration administered by the American Arbitration Association (AAA) under its rules, before one arbitrator in New York, New York. The Federal Arbitration Act governs. No class actions, consolidations, or jury trials. The arbitrator’s decision is final; AAA costs are shared equally (unless claims are deemed frivolous by the arbitrator in which case the party bringing frivolous claims shall pay the entire AAA costs). A party may seek small claims court relief for any dispute in lieu of arbitration. Notwithstanding the foregoing, a party may seek injunctive relief in federal or state court without prior good faith negotiation.  

This provision survives termination. Claims must be brought within 1 year. If we modify this provision, you may reject it within 30 days, leading to account termination.

Governing Law

These Terms are governed by the laws of the state of New York and federal law, without regard to conflicts of law principles.

Void Where Prohibited

The Club is void where prohibited. We may limit participation as required by law.

No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision. Even if we delay or fail to exercise any right or remedy, we still retain the ability to enforce it later.

Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining provisions. The remaining terms will remain in full force and effect.

Survival

Sections covering Disclaimers and Limitation of Liability, Indemnification, Binding Arbitration with Class Action Waiver, Applicable Law, Void Where Prohibited, No Waiver, Severability, this Section (Survival), Entire Agreement, Changes to Terms, as well as any other provision(s) that, in order to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or earlier termination of these Terms.

Entire Agreement

These Terms, together with our Website Terms,  https://www.getpie.app/terms-of-service, constitute the entire agreement between you and Pie regarding the Club and supersede any prior understandings or agreements (whether oral or written) regarding the Club.

Changes to Terms

These Terms may be updated by Pie from time to time. We will post the revised Terms on our website with a new effective date. Your continued participation in the Club after any update constitutes your acceptance of the modified Terms.