Welcome to the Giggy Bank mobile application and website, which Giggy Apps LLC maintains as a service to our customers. By using the application or the website, you and any organization that you represent agree to comply with and be bound by the terms and conditions of use in this document. Please review it carefully. If you do not agree to these terms and conditions, which are commercial in nature, you may not use the application or the website.
1. This Agreement.This Terms of Use agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of the application known as “Giggy Bank” (the “App”) or the commercial website located at http://www.giggybankapp.com and its subdomains and all subpages (the “Site”) and describe the terms and conditions applicable to your access to and use of the App and the Site.
This Agreement may be modified at any time by Giggy Apps LLC upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at http://www.giggybankapp.com/legal/terms.html. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement; any other affirmative acceptance of the terms, including without limitation clicking an “ACCEPT” button or CHECKING AN “OK” box in the app or on the site, may be used as evidence of this acceptance, but shall in no way be necessary to create an enforceable agreement on the terms in this agreement.
2. App Licensing and Subscription Agreements.Your use of the App is also governed by various agreements drafted, executed, and maintained through Apple Inc.’s App Store and other services relevant to the App, including, without limitation, the Licensed Application End User License Agreement and possibly the Apple Media Services Terms and Conditions applicable to your jurisdiction, to which you agree upon downloading, opening, or using the App or upon subscribing for a fee to an expanded set of features within the App.
3. Privacy.Your use of the App or the Site is also governed by our Privacy Policy. Please review it at http://www.giggybankapp.com/legal/privacy.html.
4. Overall Relationship and Resolution of Conflicts Among Documents.All such guidelines, rules, agreements, and policies are hereby incorporated by reference into these Terms of Use to guide our relationship. While Giggy Apps LLC has taken care to create cohesive and fair documents to govern the parties’ relationship, if any conflicts arise among the above-mentioned agreements drafted, executed, and maintained by Apple Inc., those agreements, if any, will take precedence over this Agreement, and this Agreement will take precedence over the Privacy Policy.
5. App and Site Use.You are solely responsible for providing, at your own expense, all equipment necessary to use the App and the Site, including an iOS-enabled mobile device or a computer, along with your own Internet access, for which you must pay your own telephone and other service fees associated with that access. In addition to the rights established in the documents mentioned in the previous paragraphs, Giggy Apps LLC grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the App or the Site, reverse engineer or break into the App or the Site, or use materials, products, or services in violation of any law. Your use of the App and the Site is, at all times, at the discretion of Giggy Apps LLC, and Giggy Apps LLC may terminate your use of the App or the Site at any time.
6. User-Created Content Guidelines.Your use of the App or the Site, including without limitation any community-driven areas of the App or the Site (such as the comments section of a blog), is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site or the Blog. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available in the App or on the Site, you agree that you will not transmit comments, messages, links, code or other information that:
7. No Endorsement.Giggy Apps LLC neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police, or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
8. Ownership.All information included by Giggy Apps LLC in the App or on the Site is and shall continue to be the property of Giggy Apps LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such information or any part of the App or the Site is prohibited, except as expressly permitted in this Agreement. Other than the very limited license granted under the Licensed Application End User License Agreement for the App, under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the App or Site.
Giggy Apps LLC does not pay for ideas and information that are delivered to us for our consideration that may add to or improve upon any software, information, or services we provide. You agree not to send such ideas or information to us. If you refuse to refrain from doing so and the ideas or information you transmit ever corresponds with any software, information, or services we provide, you agree, first, not to contest our rights as against yours, and, second, if your rights are otherwise found superior, you grant us a license to use the ideas and information in perpetuity without further compensation. None of your other rights in your intellectual property will be affected.
9. Permitted Users.YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THE APP AND THE SITE. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE ANY Giggy Apps LLC OFFERINGS FOR ANY PURPOSE.
10. Trademarks.“Giggy Apps LLC”, the "Giggy Bank" app, its logo, and others are trademarks of Giggy Apps LLC. Other product and company names mentioned in the App or on the Site may be trademarks of their respective owners. No rights in any such intellectually property are transferred or assigned to you.
Apple, the Apple logo, iPhone, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc., registered in the U.S. and other countries.
11. Compliance with Laws.You agree not to use the App or the Site in any way that (a) is in breach of any law, statute, regulation or bylaw of any applicable jurisdiction; (b) is fraudulent, criminal or unlawful; (c) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political; (d) impersonates any other person or individual or misrepresents a relationship with any person or individual; (e) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third party; (f) may be contrary to our interests; (g) is contrary to any specific rule or requirement that we stipulate on the App or on the Site in relation to a particular part of the App or the Site or the App or Site generally; or (h) involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. If you are outside the United States you must comply with all applicable laws in your jurisdiction(s) with respect to your conduct while using the App or the Site, as well as the export or import of data to or from the United States or to or from your country of residence or place of business. You further agree and represent that information provided by you is truthful and accurate to the best of your knowledge.
12. Fees and Refund Policy.Please see the App and the App Store for the subscription termination and refund policies. If you are dissatisfied with the refund terms, please contact us using the information below to describe your circumstances. We may, in our sole discretion, take additional steps to further remedy a situation. Upon termination of the subscription, the App will prohibit data entry and may limit other functionality until the number of clients in the App is reduced below the free client limit; you are responsible for exporting your data from the App prior to cancellation to ensure full access to it beyond your subscription period.
13. Indemnification.You agree to indemnify and hold Giggy Apps LLC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from the App or the Site.
14. Disclaimer.THE INFORMATION IN THE APP AND ON THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. GIGGY APPS LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE APP AND THE SITE SHALL BE TO DISCONTINUE USING THE APP AND THE SITE.
You ACKNOWLEDGE that temporary interruptions of the App and the Site may occur as normal events that are out of Giggy Apps LLC’s control. You also ACKNOWLEDGE that Giggy Apps LLC has no control over the third-party networks or services that we may use to provide you with Offerings or to which we or others using our Site might link. YOU ACKNOWLEDGE THAT THE APP OR SITE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND GIGGY APPS LLC MAY MAKE CHANGES OR IMPROVEMENTS TO THE APP OR SITE AT ANY TIME.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE APP OR THE SITE, ANY SERVICE, OR ITS CONTENT. Giggy Apps LLC MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT IN THE APP OR ON THE SITE.
15. Limitation of Liability.YOU AGREE THAT GIGGY APPS LLC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF GIGGY APPS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR GIGGY APPS LLC WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GIGGY APPS LLC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO GIGGY APPS LLC FOR THE USE OF THE APP, THE SITE, OR ANY SERVICE IT PROVIDES.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
16. Use of Information.Giggy Apps LLC reserves the right, and you authorize us, to use and assign all information regarding App or Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Giggy Apps LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
17. Reservation of Rights.Giggy Apps LLC reserves all rights not expressly granted or addressed in the agreements referenced in paragraphs 2, 3, and 4 above.
18. Copyrights and Copyright Agent.If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the App or the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the App or the Site is Mark Oliveira, who can be reached as follows:
By Mail: Mark Oliveira, Giggy Apps LLC, 149 Chiswick Rd. #5, Brighton, MA 02135.
By Phone: (617) 903-0160
By E-mail: support@giggybankapp.com (please include “Copyright Infringement Notice” in the subject line)
19. Governing Law; Venue; Actions.Except as expressly provided for in the Licensed Application End User License Agreement and the Apple Media Services Terms and Conditions, if applicable, if there is any dispute about or involving the App, the Site, or the Terms of Use, you agree that any dispute will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts of law provisions and related jurisprudence. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Suffolk County in the Commonwealth of Massachusetts.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP OR THE SITE, ANY SERVICE PROVIDED BY THE APP OR THE SITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
20. Severability.If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
21. Waiver.The failure of Giggy Apps LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Giggy Apps LLC must be in writing and signed by an authorized representative of Giggy Apps LLC.
22. Modification and Termination of the App or the Site.Giggy Apps LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App or the Site or any service provided by the App or the Site (or any part thereof) with or without notice. You agree that Giggy Apps LLC will not be liable to you or any third party for any modification, suspension, or discontinuance of the App or the Site, or any service. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
23. Relationship of the Parties.Nothing contained in this Agreement or your use of the App or the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independently responsible for its own actions.
24. The App and the Site are Not Financial or Advisory in Nature.You acknowledge that Giggy Apps LLC provides software to help you organize your business for your own tracking and decision-making purposes, but that the offerings are not services in a financial or advisory nature.
GIGGY APPS LLC IS NOT AN ACCOUNTANT, INVESTMENT ADVISER, A FINANCIAL PLANNER, A SECURITIES BROKER-DEALER, A MONEY TRANSFER AGENT, A TAX ADVISER, AN INSURER, OR A DEBT COLLECTOR, AMONG OTHER SERVICE PROVIDERS, WHO OTHERWISE DO PROVIDE SERVICES IN A FINANCIAL NATURE. THE APP AND THE SITE ARE NOT DESIGNED TO OFFER YOU FINANCIAL ADVICE OR SERVICES. YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN ADVISERS TO HELP YOU MAKE FINANCIAL DECISIONS.
25. App Updates; No Data Backup Services.You agree to search for and to download updates to the Application promptly as they are provided by Giggy Apps LLC through Apple Inc.’s App Store. Giggy Apps LLC reserves the right to revoke this Agreement if you fail to update the Application. You acknowledge that Giggy Apps LLC does not store your Application data on its servers and that you may lose your application data if you delete the application from your device or if your device becomes corrupted. You agree to accept all responsibility for your loss of data. Please consider using iTunes, iCloud, or some other back up service for your device.
26. Entire Agreement.This Agreement constitutes the entire agreement between you and Giggy Apps LLC and governs the terms and conditions of your use of the App and the Site; the Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Giggy Apps LLC with respect to the App or the Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, agreements, posted policies, guidelines, or rules that may apply when you use the App or the Site—including without limitation the licensing and subscription agreements and privacy policies that are incorporated by reference above.
27. Contact Information.
If you have any questions regarding these Terms of Use, please contact us using the information below.
By Mail: Giggy Apps LLC, 149 Chiswick Rd. #5, Brighton, MA 02135
By Phone: (617) 903-0160
By Email: support@giggybankapp.com