Terms of Use

PennySnap is a mobile application, developed and offered to you by Pennysnap LP (“The Provider”). The application enables its users to track and manage personal finances. Your use of the application and all the related services provided through it (collectively referred as “PennySnap” or "applications") is subject to the terms of a legally binding agreement (“Terms”) between you and the Provider. PennySnap is currently available for download free of charge, however, it contains subscription in-app purchases to unlock limitation on number of transactions (referred as “Unlimited Transactions”).

Acceptance

These Terms regulate the legal relationship between you and the Provider. You may not use PennySnap if you don’t accept them. The Terms are always made available to you prior to the download of PennySnap. By downloading, installing, using or otherwise accessing PennySnap, you are expressing your acceptance and willingness to be bound by the Terms.

You may not accept these Terms unless you are at least 13 years of age and you have sufficient legal capacity to enter into a contract. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to accept the Terms and use PennySnap.

Term and Termination

The Terms will remain in full force and effect while you use PennySnap and until terminated by either you or the Provider.
Termination always includes deletion of your user account and all related data and content, unless your data and content have been shared with other users, and they have not deleted them.

You may terminate the Terms at any time and for any reason by sending a written notice to the Provider and deleting PennySnap. Refund of your purchases is not possible.

The Provider may terminate the Terms at any time and for any reason. In case of immediate termination due to your breach of the Terms you are not entitled to any refunds.

Amendments

When there are changes in laws or regulations, conditions in the financial services markets, technology or organizational processes, or when changes are needed due to compliance with the statutory obligation of prudential business rules or in order to improve quality of services provided through PennySnap, the Provider may amend the Terms at its sole discretion. Such an amendment may cover areas such as amending and terminating the Agreement, registering a user account or features and prices. You will be notified about the planned changes in advance through PennySnap.

From time to time, the Provider may amend the Terms at its sole discretion. You will be notified about the planned changes in advance through PennySnap or via e-mail. Updated Terms will be posted to this page 14 days prior to the effective date. By continued use of PennySnap, you are expressing your acceptance of the changes. If you don’t agree with the changes, you may terminate the Terms at any time.

Your use of PennySnap

You must use PennySnap only in accordance with the Terms, for the purpose it was intended and obey all of the applicable laws.

User generated content

You may enter and upload texts, numerical data, photos or other content to PennySnap. You retain copyright and any other rights to the content that qualifies for a legal protection. For such content you grant the Provider a worldwide non-exclusive, no-charge and royalty-free license to use it in the connection with provision of the services, including without limitation, rights to copy, reproduce, modify, create derivative works of, publish, display, upload, transmit, distribute, market and sublicense. You represent that you have all necessary rights and consents to do so. The license lasts for the full term of the copyright or until a termination of the Terms.

You are solely responsible for any content you provide and for any consequences thereof. You may not enter or upload unlawful content or content that infringes copyright or any other third party rights. You may not upload any content describing or depicting violence or content which is pornographic, discriminatory, racist, defamatory or otherwise illegal and share it with other users of PennySnap.
The Provider does not review the user content, but reserves the right to remove or disable access to any user content for any reason.

The Provider has no responsibility for the accuracy of the content you provided or which was created by PennySnap based on your input.

You are solely responsible for backing up the content you enter or upload to PennySnap.

License and ownership

PennySnap and all rights therein, including intellectual property rights, shall remain the Provider’s property or the property of its licensors. Nothing in the Terms shall be construed to grant you any rights, except for the limited license granted below.

Subject to the Terms, the Provider grants you a limited, non-exclusive, non-transferrable, non-sublicensable license, to access and use PennySnap pursuant to the Terms on any same-platform device (i.e. iOS device) that you own and control. The license is granted solely for your personal, non-commercial use. Third party services or libraries included in PennySnap are licensed to you either under these Terms, or under the third party’s license terms, if applicable.
Based on your license, you may not access PennySnap with other means than the official platforms and apps provided by the Provider, mine or extract any data from PennySnap databases, modify, reverse engineer, decompile, disassemble or create derivative works of PennySnap or any part thereof and circumvent any technology used to protect the paid Unlimited Transactions. You also may not rent, lease, lend, sell, transfer, redistribute, or sublicense PennySnap.

Hardware and System Requirements

Information about the current hardware and system requirements of PennySnap, technical restrictions and other limitations are always available on the platform-specific page of the application.

Maintenance and Support

PennySnap are subject to a continuous development and the Provider reserves the right, at its sole discretion, to update PennySnap, change the nature of PennySnap or modify or discontinue some of the features without prior notice to you. You acknowledge that the Provider has no obligation to maintain or update PennySnap.
The Provider does not guarantee an uninterrupted provision of the services. PennySnap may be temporarily unavailable due to the maintenance, certain technical difficulties, or other events that are beyond the Provider’s control.

If you have some questions, problems or suggestions, you can reach the the Provider via contacts provided hereafter. However, you acknowledge that the support to non-paying users of PennySnap is limited due to the limited capacity of the Provider.

Unlimited Transactions and Prices

PennySnap is available for download free of charge. You are free to use limited number of transactions. You can unlock the limit by subscription in-app purchases. Current detailed information about the limit and the subscription offer is always available in PennySnap.

Subscriptions are concluded for the term specified in your order. Subscription to Unlimited Transactions will be renewed automatically up to 24 hours before expiration date. Prices are displayed in your local currency (if supported) and always include the applicable VAT (Value Added Tax).

The Provider does not guarantee that PennySnap or any of its current free or Unlimited Transactions will always be free or at the same price and reserves the right, at its sole discretion, to change the pricing at any time.

Downloading or using PennySnap may incur additional costs for the internet connection. You shall bear all such costs relating thereto.

Payments and Refunds

You can purchase Unlimited Transactions simply by pressing the “BUY” button in the platform in-app purchase dialogue which summarizes information about billing type, price and term.

By pressing the “BUY” button you enter into an additional contract pursuant to the Terms. Due to the method of conclusion of the contract, the text of the contract is not saved nor accessible.

In case you are a consumer with your normal place of abode or residence in the European Union, by pressing the “BUY” button you also consent that the contractual performance will start immediately and you acknowledge that for this reason you lose your right of withdrawal.

Payment is due and payable immediately upon completion of the purchase process. Performance starts immediately after a successful transaction by unlocking the transaction limit in PennySnap. It proceeds by electronic means and is not subject to any extra fees.

If you purchased a subscription, it will automatically renew itself for another term of the same length, unless you cancel it 24 hours before the current term runs out. The subscription price is charged on the first day of the new term. You can cancel your subscription at any time. The cancellation will take effect the day after the last day of the current subscription term.

Available payment methods, include but are not limited to, credit and debit cards, gift cards or PayPal and may vary according to the distribution platform.

The Provider itself doesn’t store any payment information or process payments. Distribution platforms, payment solution the Provider or their contractors are solely responsible for the payment processing. Refunds for the in-app purchases are generally not provided.

Privacy

All information, including the extent and the manner of processing your personal data is included in the “Privacy Policy”, which forms an integral part of the Terms. You can withdraw your given consent at any time by deleting your PennySnap account and PennySnap.

Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL The Provider BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, PROFITS OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE PennySnap, ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, MALFUNCTION, CANCELLATION OR MODIFICATION, OR OCCURRENCE OF OTHER ERRORS IN THE OPERATION OF PennySnap, EVEN IF The Provider HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION ABOVE DOES NOT INCLUDE The Provider’S LIABILITY FOR FRAUD, MISREPRESENTATION AND PERSONAL INJURY OR DEATH. IN NO EVENT SHALL The Provider’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED FIFTY U.S. DOLLARS ($50.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT FULLY APPLY TO YOU.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF PennySnap IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT REMAINS SOLELY WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES EXCEPT AS SET FORTH IN THE PRESENT TERMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.

The materials at this site are provided “as is” without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall the Provider or its agents or officers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if PennySnap has been advised of the possibility of such loss or damages.

Indemnification

You agree to indemnify and hold the Provider, its directors, officers, employees and other representatives, harmless from any and all third-party claims arising from your use of PennySnap , including any liability or expenses arising from any claims, direct or indirect damages, lost profits, suits, judgments, litigation costs and attorneys’ fees.

Third-party Services

PennySnap or their parts may include third-party services or content. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and that availability of such services and content is not guaranteed. You must comply with any applicable third party terms of agreement when using PennySnap.

The mere fact that PennySnap integrates or otherwise includes third-party services or content does not constitute an endorsement of PennySnap by respective third parties.

iOS Platform

If you are an iOS device user, the terms in this section also apply to you:

You acknowledge that the Terms are concluded between you and the Provider only, not with Apple, and that the Provider, not Apple, is solely responsible for the App and the content thereof, excluding user content.

The license granted to you must be limited to use PennySnap only as permitted by the Usage Rules set forth in the App Store Terms of Service, the Provider and not Apple is solely responsible for providing any maintenance and support services with respect to PennySnap. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to PennySnap.

In the event of any failure of PennySnap to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to PennySnap, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of the Provider.

The Provider, not Apple, is responsible for addressing any your or third party claims relating to PennySnap or your possession and/or use of PennySnap, including, but not limited to, product liability claims, any claim that PennySnap fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy or similar legislation.

You acknowledge that, in the event of any third party claim that PennySnap or your possession and use of PennySnap infringes that third party’s intellectual property rights, the Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

Export Control

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country and you are not listed on any U.S. Government list of prohibited or restricted parties.

Governing Law and Disputes

Unless otherwise required by a mandatory law of any jurisdiction, the Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by the laws of the Germany Republic. All the disputes shall be referred to the courts having substantive and local jurisdiction based on the address of the registered office of the Provider.

Severability

If any provision of the Terms is held invalid or unenforceable to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable other provisions of the Terms. The provision shall be enforced to the fullest extent permitted by law or deemed replaced by a provision that is valid and enforceable and that comes closest to the original intent and purpose.

Language

English is a primary language of communication between you and the Provider. All information about PennySnap are available in the English language. The Terms are available in the English language only. English shall be also the binding and controlling language for the additional contracts concluded pursuant to the Terms.

Complaints and Contact Information

Your questions, complaints or claims with respect to PennySnap should be directed to:

[email protected]