User Terms of Service

  1. Welcome to the Pyggly Platform

IMMI Financial Solutions Corp, doing business as Pyggly (“we” or “Pyggly” or “Company”), provides a mobile payment, ordering, and customer rewards platform and related services (“Services” or “Pyggly Services”), and provides and/or enables related mobile applications, software applications, websites, and microsites (“Apps” or “Pyggly Apps”), for use by you (“User”) to make payments for goods and/or services to Pyggly and participate in merchant incentive and rewards programs (“Programs”) at physical and/or online points-of-sale (“POS”), among other available functions. Pyggly provides access to these Services and Apps, including this App, subject to your acceptance of all of the following Terms and Conditions (“User Terms” or “Agreement”).

By accessing, downloading, copying, and/or using a Pyggly App, including this App, and/or the Services, you agree to these User Terms. THESE USER TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND PYGGLY, AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THEM CAREFULLY.

  1. Pyggly User Account

In order to use a Pyggly App to initiate transactions and/or engage in any merchant reward Campaigns, you must first register with Pyggly and create a Pyggly User Account, and associate a valid debit card, credit card and/or bank deposit account (e.g. savings or checking). Your registration and use of a Pyggly User Account is subject to these User Terms.

By registering for a Pyggly User Account you agree with Pyggly, that:

  1. All information provided to Pyggly is accurate, current and complete, and that you will maintain and update such information as it changes;
  2. You will maintain the security of your User Account, take responsibility for all activities that occur using your User Account, and accept all risks of unauthorized access resulting from your acts or omissions;
  3. You are of legal age to form a binding contract, or you are over the age of 18 and will use the User Account under the supervision of a parent or guardian who agrees to be bound by these User Terms. The Pyggly platform, Services, and Apps are not intended for, or targeted to, anyone under the age of 18;
  4. You do not and have never used or maintained any other Pyggly User Account under a different email address (the creation of additional User Account(s) shall be considered a violation of this Agreement); and,
  5. Your registration and your use of Pyggly and any Pyggly App is not prohibited by law, and will not be used to engage in, commit, or facilitate any illegal activity.

Your registration and your User Account, including any User Credit, Gift Card Credit, or Merchant Credit associated with such User Account, and your rights under this Agreement, are personal to you and are not transferable by you to any party.

Payment Methods. Pyggly enables you to make card-based or bank account-based purchases from Pyggly of goods provided by third-party merchants by linking to your Pyggly User Account a “payment instrument”, including: debit card, credit card, and/or prepaid credit card issued in the United States bearing the trademarks of MasterCard International Inc., Visa Inc., American Express or Discover (the “Networks”), as well as a bank deposit account (e.g. savings or checking accounts). Your User Account is not a bank account. Pyggly is not a bank, and does not offer banking or money service business (“MSB”) services as those terms are defined by the United States Department of Treasury. Pyggly does not offer money transmission services. By linking a payment instrument to your User Account, you represent to Pyggly that you are an authorized user of the payment instrument. You may change the payment instrument associated with your User Account at any time. You are responsible for ensuring that the payment instrument associated with your Pyggly account is at all times current, non-expired, and valid for payments.

Primary and Secondary Payment Instruments. By linking a payment instrument to your User Account, you represent to Pyggly that you are an authorized user of the payment instrument. You may change the payment instrument associated with your User Account at any time. You are responsible for ensuring that the payment instrument associated with your Pyggly account is at all times current, non-expired, and valid for payments.

Test Authorizations. By associating a payment instrument with your Pyggly User Account, you consent to Pyggly’s temporarily authorizing a charge on that payment instrument, typically for $1.00 or less, as part of our verification process. You will not be required to pay this charge, and it will disappear from your payment instrument statement within a few days.

Termination of User Account. Pyggly reserves the right to reject, suspend, or terminate your registration and/or use of a Pyggly User Account, and/or your access to the Pyggly Services, in the event that you breach any of the Pyggly User Terms or any of the representations and warranties made herein, as determined in Pyggly’s sole discretion.

Use of Pyggly User Accounts for Development Purposes. All uses of a Pyggly User Account for the purpose of developing software, applications, or programs that will interface to the Pyggly Platform, including without limitation to access any Pyggly SDK and/or associated APIs, and the use of the Pyggly Developer Sandbox, are additionally subject to Pyggly’s Developer Terms (https://www.pyggly.com/developer-terms), which are incorporated herein by reference. By using your Pyggly User Account to access Pyggly’s development tools, you agree to all of the Developer Terms.

  1. License to Use the Pyggly Apps and Websites

Limited License. Pyggly grants you a limited, non-exclusive, non-transferable license, to access, view, download, install, and use this Pyggly App(s), and/or any Pyggly website content, for the purpose of using the Pyggly Services, including the initiation of orders and/or payment for goods and/or services and for participating in merchant reward Programs. Except as expressly permitted by these User Terms, you may not modify, reproduce, distribute, publish, reverse-engineer, create derivative works out of, decompile, deep link, publicly display, or otherwise exploit for any purpose, the Pyggly Apps, Services or Pyggly Property, or any portion thereof. You may not remove or alter, or reuse in any manner or for any other purpose, any copyright, trademark or other proprietary notices that have been placed on the Pyggly Property. You may not collect and use the product listing, pictures, or descriptions within the Pyggly Property for any commercial purpose. All rights not expressly granted to you by this Agreement remain the property of Pyggly and its licensors.

No Rights to Pyggly Property. The Pyggly App(s) and website content downloaded or accessed by you pursuant to these User Terms, including without limitation all of the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content, other than User Content, as defined below, and all software embodied in the Pyggly website or Apps, or otherwise used by Pyggly to deliver the Pyggly Services (collectively, the “Pyggly Property”), is the sole property of Pyggly and/or of third parties provided under license to Pyggly. Pyggly reserves all rights in the Pyggly Property, including without limitation copyright, trademark, patent, and trade secret rights.

Trademarks. The marks “PYGGLY”, “IMMI Financial Solutions”, “I Manage My Income”,  the Pyggly logo, among other marks, and the Pyggly scanner, are registered or unregistered trademarks of Pyggly and may not be used in connection with any service or products other than those provided by Pyggly, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pyggly. The Pyggly platform and Apps, also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed in any App, inures solely to the benefit of their respective owners.

No Illegal Uses. The Pyggly Property licensed hereunder shall not be used for any purpose not contemplated by these User Terms, or for any illegal purpose, or to commit or facilitate any act by any person in violation of any law or regulation, and/or any fraud against any person.

  1. Authorization of Payments on the Pyggly Platform

Authorization for Pyggly to Charge Payment Instrument. By linking a payment instrument to your Pyggly User Account, including by tapping the “Link Card”, “Link Bank Account” or equivalent, authorization button within a Pyggly App, and using an App to initiate a transaction, to initiate a mobile order for goods provided by a third-party, or to purchase a Gift Card (including pre-loading funds to your Pyggly account), you authorize Pyggly to charge your linked payment instrument as necessary to complete payment to Pyggly for the purchase or transaction, including for the total transaction amount less any credit redeemed in connection with your purchase. If such charge is rejected or fails, Pyggly may charge your payment instrument again at a later time without advance notice to you.

In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made using your Pyggly User Account, you also authorize a credit to your payment instrument by Pyggly to accomplish that transaction.

All purchases, orders, and charges authorized using an App and/or the Pyggly Services are also subject to the terms and conditions set forth by the entities that issue your payment instrument. You are responsible for complying with those terms and conditions, and you are responsible for payment of all charges and related fees imposed by such entities pursuant to those terms and conditions.

There is no limit on the frequency of transactions you may make using your Pyggly User Account.

Monthly Recurring Billing. Pyggly may, in its discretion based on the Pyggly App used and/or other factors, and after delivering notice to your registered email address, charge your authorized payment instrument for your authorized transaction charges by grouping the amounts of such individual transactions in a single bundled charge each week or month. By using the Service following such notice, you authorize Pyggly to make these weekly or monthly charges. Pyggly may group transactions for up to thirty-one (31) days following a transaction before submission of a grouped charge to your payment instrument on the specified date. By accepting these terms, you agree that Pyggly may submit your previously authorized charges as a grouped single transaction charge on a recurring weekly or monthly basis without further advance notice to you.

Failed Transactions. In the event that Pyggly is unable to successfully charge any linked payment instrument, Pyggly will notify you via email and/or in-App notification, and you will be unable to initiate further orders or transactions with your User Account. Upon Pyggly’s notification to you of such failure, you agree to link a new, valid payment instrument within three (3) business days. Your Pyggly User Account will be disabled until a valid payment instrument is provided and the outstanding uncharged balance is resolved by Pyggly. Pyggly is not responsible for any charges imposed by the issuer of your payment instrument as a result of any failed charge by Pyggly. To the extent that Pyggly is unable to successfully charge any payment instrument linked to your User Account as payment for authorized transactions for more than thirty (30) days, you understand and agree that Pyggly may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your User Account, and you will not contest the use of a third party to collect the debt and fees owed to Pyggly. You agree that you will be responsible for any legal, court, arbitration or collection agency fees associated with rectifying your account and all monies owed thereunder. You agree that Pyggly, or any agency or business employed by Pyggly, has the right to contact you and your heirs via telephone, email or in-person using the information you provided upon registration or during any contact with Pyggly, in an effort to collect any monies and fees owed under your account, whether specifically referenced in these User Terms or not, and such contact may be made in a manual or automated fashion.

Prohibited Transactions. The Pyggly Service may be used only for the bona fide purchase and exchange, through Pyggly, of goods and/or services offered in the ordinary course of a Pyggly merchant’s business, and may not be used to process a payment or otherwise transfer money between two parties. The Pyggly Service may not be used for transactions in which you request cash back from the merchant. The Pyggly Services shall not be used for the purpose of accepting or transferring security or payment for loans, providing cash advances, check cashing, or otherwise distributing cash to any person or entity, or in connection with any lottery or gambling activity. Pyggly reserves the right to decline any attempted transaction if it appears that any of these User Terms have been violated.

Debit/Credit Card Statements. Pyggly charges to your authorized payment instrument(s) may appear on your statement from the card issuing institution or respective bank account statement as “PYGGLY*”, “I Manage My Inc*” or “IMMI*”, possibly followed by an identifier with details of the transaction initiation, the third-party provider of the ordered goods or services, or as an identifier communicated to you to reference a grouping of multiple individual Pyggly transactions. You agree not to knowingly falsely report such charges as fraudulent or unauthorized claims to your payment instrument issuing institution. A knowingly false report of a fraudulent or unauthorized charge shall be grounds for Pyggly, in its discretion, to cancel your User Account, and seek any other remedies available to Pyggly.

Pre-Pay Transactions and Auto-Reload. If you elect to pre-load funds to be redeemed in connection with future Pyggly transactions, the amount of pre-loaded funds authorized by you will be issued as a digital Gift Card pursuant to the terms of Section 10 and/or 11 of these User Terms and charged to your linked payment instrument by Pyggly in accordance with this Section 4 at the time of your election. If you have elected to auto-load your Gift Card, you hereby authorize Pyggly to charge your linked payment instrument for the specified load amount at the time, and each subsequent time, at the frequency and amount defined by you via the Pyggly App, and the authorized load amount will be added to your then-remaining Gift Card balance. Your remaining Gift Card balance will be available within the Pyggly App. You agree that, if you have elected an automated load, Pyggly may not notify you prior to an authorized charge to your payment instrument in connection with an automated load or seek a separate affirmative authorization (other than the authorization contained herein) for each such automated load.

Transaction Receipts. Pyggly will provide you with an electronic transaction receipt, through a message within the Pyggly App and/or by email to the email address provided by you and/or by SMS to the phone provided by you, following each Pyggly transaction initiated using a Pyggly App. The receipt will include the date and amount of the transaction, as well as the identity of the Pyggly merchant at which the transaction occurred when applicable. Your transaction history may also be viewed within a Pyggly App.

  1. Consent to Electronic Disclosures and Notices; Paper Copies

By accepting these User Terms, and/or by checking the box titled “Join Pyggly,” “Sign Up,” “Log In,” or any similar requested acknowledgement in connection with the notice: “By tapping above [or below] you agree to Pyggly’s Terms & Conditions,” or “By tapping above [or below] you agree to the terms and conditions and privacy policy,” or similar notice, which you hereby adopt as your electronic signature, you agree that Pyggly will provide you these User Terms, its Privacy Policy, and all other applicable terms, as well as all disclosures, notices, transaction receipts, transaction authorizations, and transaction statements required by law, and other information about your Pyggly User Account and legal rights and duties (“Disclosures”), electronically by posting it on our website, to the email address associated with your User Account, and/or through in-App messaging.

Your electronic acknowledgement of this Agreement, and any other agreements and documents, has the same effect as if you signed them in ink. You agree that electronic Disclosures and notices have the same meaning and effect as if Pyggly had provided you with paper copies, whether or not you choose to view the Disclosures. Such Disclosures and notices are considered received by you within 24 hours of the time posted to our website, or emailed or messaged to you.

In order to access and retain the electronic Disclosures you will need, and represent that you have, the following: (i) a computer or mobile device with an Internet connection; (ii) a current web browser that includes 128-bit encryption, and has cookies enabled; (iii) a valid email address associated with your User Account (if you use a spam filter that blocks or re- routes emails from senders not listed in your email address book, you agree to white-list all emails from the @pyggly.com domain to your email address book); and (iv) sufficient storage space to save past Disclosures and/or an installed printer to print them.

You have a right to receive Disclosures in paper form. If you wish to receive a paper copy of any Disclosure, or any transaction receipt, you may request a copy of the Disclosure or receipt within 180 days of the date of the Disclosure or receipt. Pyggly will provide paper copies free of charge. Requests to receive any paper copy, or to withdraw your consent to future electronic Disclosures, may be made by mailing a written request to Pyggly Support Team, 100 Rivers Edge Dr suite 164, Medford, MA 02155. Requests to cancel your consent to future electronic Disclosures will be completed in a reasonable time. Pyggly reserves the right to terminate your Pyggly User Account if you withdraw consent to future electronic Disclosures. You may update the information required to contact you electronically by logging into a Pyggly App or to the Pyggly website.

  1. Unauthorized Transactions; Lost Devices; Error Resolution

If any transaction Disclosure received by you appears incorrect, or was unauthorized or fraudulent, you shall notify Pyggly immediately, including by clicking on a link included in the email transaction receipt when available, thereby flagging the transaction, or by contacting Pyggly directly (24/7) at:

Pyggly Support Team
support@pyggly.com
Lost Devices. In the event that you lose any mobile device on which a Pyggly App linked to your User Account is installed, or otherwise learn that your User Account password is compromised (“Lost Device”), you shall notify Pyggly immediately by contacting support@pyggly.com.

Pyggly Security; Reporting Requirements. Pyggly implements a variety of methods, and proprietary protocols, to protect you from bad actors who may attempt to access and make fraudulent charges using your Pyggly User Account. Because we are confident in these measures, we generally will not seek to recover from you reimbursement for any fraudulent charges made using your User Account. There are, of course, limits to this policy, which depend upon how quickly you notify us of a fraudulent activity:

  1. If Pyggly confirms that a transaction(s) reported by you was an unauthorized or fraudulent use of your User Account, and if: (i) the first such unauthorized transaction was reported to Pyggly within two (2) business days of a transaction receipt; or (ii) in the case of a Lost Device, the Lost Device was reported within two (2) business days of the loss; Pyggly will reimburse you for the amount of any fraudulent or unauthorized transactions charged to your payment instrument.
  2. If you fail to notify Pyggly of a fraudulent or unauthorized transaction using your Pyggly User Account within two (2) business days of a transaction receipt, or in the case of a Lost Device, within two (2) business days of the Lost Device, you will be responsible for the fraudulent or unauthorized charges in an amount limited to the lesser of: (i) $500; OR (ii) the sum of either $50 or the amount of the fraudulent use during the initial two (2) days (whichever is less), AND the sum of all fraudulent or unauthorized activity after the initial two (2) days prior to your notification to Pyggly.
  3. If you fail to notify Pyggly of a fraudulent or unauthorized transaction using your User Account within sixty (60) business days of a transaction receipt, or in the case of a Lost Device, within sixty (60) business days of the Lost Device, you will be responsible for all fraudulent or unauthorized charges after the sixty (60) day period.
  4. In the event that the state in which you established your User Account provides for limitations on liability for fraudulent use, such limitation shall apply.
  5. You are solely responsible for any Gift Card Credit associated with your Pyggly User Account, and Pyggly is not responsible for the loss of Gift Card Credit associated with fraudulent use of your User Account.

Issuing Institutions. To the extent that the security of your payment instrument(s) is compromised in an event having no relation to the Pyggly platform (for example, your wallet is stolen), and your payment instrument is linked to another User Account, your liability for any fraudulent transactions will be determined by your agreement with the institution that issued your payment instrument. With respect to your card issuing institution, federal law provides that, should Pyggly fail to resolve a dispute as to property or services purchased from Pyggly, you may assert against your card issuing institution all claims (other than tort claims) and defenses arising out of the transaction and relating to the failure to resolve the dispute. You may withhold payment to your issuing institution up to the amount of credit outstanding for the property or services that gave rise to the dispute and any finance or other charges imposed on that amount.

User Fraud. If Pyggly determines that you have engaged in any fraudulent use of the Pyggly Services, or use in violation of these User Terms, in addition to its rights to recover of any monies required to remedy such fraudulent use, Pyggly shall impose a fee of one hundred ($100.00) dollars for each investigation by Pyggly that results in a confirmation of such violation of these User Terms. By registering for a Pyggly User Account, you agree to all additional fees and penalties that Pyggly may impose in the event Pyggly deems your use of the Pyggly platform to be in breach of these User Terms, including without limitation the immediate termination of your Pyggly User Account.

  1. Merchant Incentive and Reward Campaigns; Campaign Credit

When initiating a Pyggly transaction at a Pyggly App, or initiating online or mobile orders from participating Pyggly merchants or vendors, you participate automatically in any promotional campaigns offered by Pyggly’s merchant partners, and/or third-party partners, such as loyalty reward programs, refer-a-friend programs, product incentive programs, etc. (“Programs”), and earn automatically any merchant-offered rewards, incentives, or discounts (“Merchant Credit”) and/or third-party-offered incentives, rewards, or discounts (“User Credit”) associated with your transaction. Pyggly will also automatically redeem any Merchant or User Credit previously awarded at the time of mobile order completion, in accordance with the terms of such Program. Merchant or User Credit applied to the purchase will be deducted from the transaction amount charged by Pyggly as part of the authorized charge to the payment instrument(s) associated with your User Account.

Promotional Programs, and Merchant or User Credit associated with such Programs, are offered by the merchant or funding third party alone or by Pyggly and the offering parties are responsible for setting applicable rules, including the expiration of any Merchant or User Credit, and compliance with such rules. Any complaints concerning any merchant’s or third party’s failure to award or redeem Merchant or User Credit according to any Program may be sent to Pyggly at: support@pyggly.com. While Pyggly may, in its discretion, attempt to resolve any complaints concerning a person’s failure to award or redeem Merchant or User Credit, Pyggly is not responsible for such person’s failure to award or redeem Credit for any reason.

The third-party merchant providers of goods and services available for purchase through the use of the Pyggly Services shall be solely responsible for the goods and/or service provided by such merchant, including the quality of the goods and services, and, any claims, liabilities, injuries, losses or damages you may suffer in connection with the goods or services, your participation in any Program, and/or any unclaimed property liability arising from unredeemed Merchant Credit, or any portion thereof. Merchants may choose to discontinue a Program at any time. Pyggly also reserves the right to terminate a merchant’s Program at any time.

Merchant or User Credit associated with any merchant loyalty programs has no cash value. You have no property interest in any Merchant or User Credit. If a Program is terminated for any reason, or if your User Account is suspended or terminated for any reason, any existing Merchant or User Credit will expire immediately.

Redemption or application of Merchant or User Credit for alcoholic beverages is at the sole discretion of the merchant, and is subject to (and may be limited by) merchant’s compliance with applicable federal, state, and local laws and regulations. Merchants may refuse to apply Merchant or User Credit to delivery, processing or handling fees, or taxes or gratuities.

  1. Mobile Ordering

Pyggly enables users to transact with Pyggly and to initiate mobile orders for goods and services for pickup by you at third-party merchant providers. Pyggly provides information and technology to facilitate your order and your purchase from Pyggly. Pyggly’s mobile ordering Services do not imply any relationship to the third-party provider of the goods ordered. Providers accessible through the Pyggly Services operate independently and may not have any agreement with us. All merchant names and trademarks appearing within the Pyggly Apps are the property of their respective owners and do not imply any endorsement of Pyggly or the Pyggly Services. Pyggly does not warrant the completeness or accuracy of any information, including menu information or product descriptions, obtained from third parties and displayed within the Pyggly Services. Merchant rewards offered by third-parties through channels, programs, or apps not integrated to the Pyggly platform will not be available when using the Pyggly Services for purchasing and mobile ordering.

Pyggly may charge a convenience fee in connection with a Pyggly transaction utilizing Pyggly’s mobile ordering services. This fee will be displayed in the App and in your email receipt.

  1. Privacy, Security, and User Data

Pyggly Privacy Policy. Pyggly takes care to protect your privacy and security. Upon acceptance of these User Terms you confirm that you have read, understood and accepted Pyggly’s Privacy Policy, available here https://www.pyggly.com/privacy, which is incorporated herein in its entirety. Because the Privacy Policy is updated from time to time, we urge you to revisit the site from time to time at your convenience.

Payment Instrument Security. Pyggly is 100% compliant with the Payment Card Industry Data Security Standards (“PCI- DSS”). Pyggly will never share your payment instrument information with any person other than as necessary to process the payments you authorize. Pyggly does not store your payment instrument information on Pyggly’s servers. Rather, we partner with Braintree Payment Services (“Braintree”), a globally respected payment gateway, to leverage its secure vault solutions for all payment instrument storage. All data sent to Pyggly’s servers is encrypted and our servers are protected by industry standard measures. By leveraging Braintree for storage, we are able to add another powerful layer of security to Pyggly. If you have any further questions about Pyggly’s security measures, we provide our Security Policy at https://www.pyggly.com/security.

No Access to Financial Information. Pyggly Apps, and any software applications or websites that you may authorize to access your User Account, are not able, or authorized, to capture or store your financial account information provided to Pyggly, or details of your linked payment instruments, including on your mobile device, without your expressly granted permission. You should never be asked by any merchant to disclose your financial account information, or your payment instrument information, or to provide any other sensitive information such as your Social Security number, in connection with any Pyggly transaction. If you are asked for such information, you should report the incident to Pyggly immediately.

Grant of Permissions to User Data to Pyggly. As a condition of your use of the Pyggly payments and customer rewards platform and/or any Pyggly App, you authorize Pyggly to capture, store, and use, securely, information concerning the use of your Pyggly User Account, your Pyggly App(s), and your transactions at all merchants (“User Data”). Pyggly uses this User Data, in accordance with the permissions granted by you and Pyggly’s Privacy Policy, primarily in order to ensure compliance with all applicable federal and state laws and regulations concerning your payments, to provide the Services (analytics, transaction receipts, awarding and redeeming User Credit) set forth in these User Terms, including in collaboration with Braintree, and to provide Services to you and to our Pyggly merchant partners that utilize Pyggly Services for marketing purposes. By agreeing to these User Terms, you grant Pyggly rights to collect, retain, share, and use User Data for any purpose in accordance with Pyggly’s Privacy Policy and Pyggly’s agreements with its merchant partners.

Grant of Permissions to User Data to App Provider. By agreeing to these User Terms in connection with your download of a Pyggly App, or by signing into an App using your existing Pyggly User Account, you also agree to grant the following permissions to the App and the entity identified as the App provider: creating orders, claiming Program rewards, providing access for you to manage your account information (such as basic info and default funding sources) within the App, viewing credit at nearby locations and other account related permissions. By signing into an App with your Pyggly User Account, you also authorize the App provider the use of your email address, phone number, and physical address, which may be used in accordance with the provider’s own privacy policy.

  1. Merchant Gift Cards

Pyggly enables you to give and receive digital merchant gift cards, online or through certain Pyggly Apps, and plastic merchant gift cards. When you pre-pay, including pre-pay with ApplePay, within a merchant Pyggly App, your payment is stored as a digital merchant Gift Card. Plastic merchant gift cards can be used to make a purchase at a merchant location or online.

Pyggly merchant gift cards may only be used to purchase goods or services from the specific merchant identified on the digital or plastic gift card (the “Gift Card Merchant”). The Gift Card Merchant may limit the Merchant’s participating locations, either physical or online, where the gift card may be used.

Pyggly merchant gift cards are issued by the Merchant identified on the gift card. Merchant gift cards are not issued by, or financial obligations of, Pyggly.

A merchant gift card balance (“Gift Card Credit”) linked to your Pyggly User Account will be applied whenever you chose to do so at checkout at the Gift Card Merchant. If the linked merchant Gift Card Credit balance is less than the transaction amount, you authorize Pyggly to charge to your linked payment instrument in your Pyggly account for the remaining transaction amount in accordance with these Terms of Use.

Neither Pyggly nor the Gift Card Merchant charges you any fee related to your merchant gift card, including for the purchase, issuance, activation or use of the card. Your gift card and the Gift Card Credit associated with your gift card expire after one year of issuance, unless where restricted by law, in which case it will have the longest lawful expiration date.

Except where required by law, the balance of Gift Card Credit associated with a merchant gift card is nonrefundable and may not be resold or redeemed for cash or other gift cards. Merchant gift cards are not reloadable.

Any refund related to a purchase made with the gift card will be credited back to the gift card used for the initial payment.

If you are a new Pyggly User, Pyggly may in its discretion limit the amount of a purchased gift card to a lower amount.

Pyggly is not responsible for lost, stolen, damaged or destroyed cards or for unauthorized use. Risk of loss and title for the card and associated Gift Card Credit pass to you, the purchaser, and you are solely responsible for loss or unauthorized use affecting your purchased gift card. Do not share your Pyggly login information with others.

Pyggly disclaims all express or implied warranties, including warranties of merchantability or fitness for a particular purpose, as to the merchant gift cards, to the extent permitted by law. In the event a physical gift card does not work, your sole remedy and the Gift Card Merchant’s and our sole liability will be the replacement of such physical gift card, subject to applicable law. Gift card terms are subject to change in Gift Card Merchant’s sole discretion, in accordance with applicable law.

Pyggly and Gift Card Merchant reserve the right to adjust the balance of your merchant gift card in the event of a clerical, billing or accounting error.

  1. Pyggly Gift Cards

In addition to gift cards issued by participating Gift Card Merchants, Pyggly also enables you to give and receive digital gift cards, online or through certain Pyggly Apps, that are customized for a specific recipient, or usable anywhere on the Pyggly platform (“Pyggly Digital Gift Cards”). When you preload funds, including pre-pay with ApplePay, within a non-merchant Pyggly App, your payment is stored as a Pyggly Digital Gift Card and Pyggly Gift Card Credit. Pyggly Digital Gift Cards are subject to the same terms and restrictions as physical Merchant Gift Cards, except that Pyggly Digital Gift Cards are issued by Pyggly and are usable only as prepayment to Pyggly for goods and services purchased using the Pyggly Service. Pyggly Digital Gift Cards may not be purchased by residents of California, Texas, New Hampshire, Washington, New York, or Kansas. Residents of these states purchasing gift cards via the Pyggly Service must select from available individual Merchant Gift Cards.

  1. Third Party Websites and Pyggly Apps

The Pyggly Apps and/or Pyggly website may contain links to third party apps or websites. In some cases, Pyggly Apps (meaning applications, sites, or software that you may use or download that have the ability to access the Pyggly platform on your behalf, with your permission) are provided and maintained by third parties. You may also be offered services, products and promotions provided by third parties as part of your use of any Pyggly App.

Third-party Pyggly Apps interfacing with the Pyggly platform are required to be operated in accordance with Pyggly’s Terms of Service for MerchantsTerms of Service for Developers, and Pyggly’s Privacy Policy. These third party Pyggly Apps, however, and other third party sites and apps, are not under the control of Pyggly, and Pyggly is not responsible for the contents of any linked site or third party app or third party Pyggly App. You will be responsible for reviewing and understanding any additional terms and conditions associated with any third party app, Pyggly App, sites, or services. Please remember that when you use a link to go from a Pyggly App or website to another website, Pyggly’s Privacy Policy no longer applies, and you will then be subject to that website’s own rules and policies.

A Pyggly App’s access to the Pyggly platform, or link to a third party site or App within a Pyggly App, does not imply endorsement of, sponsorship of, or affiliation with the linked site or third party Pyggly App by Pyggly. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties or granting permissions for any Pyggly App to access any of your User Data, or otherwise act on your behalf, within the Pyggly platform. Pyggly is not responsible for any claims, liabilities, losses, or damages suffered by you in connection with your use of a third party Pyggly App, site, or service, in connection with the Pyggly platform.

  1. Ideas Submitted to Pyggly; User Content

User Ideas. Pyggly is pleased to hear from you and welcomes your comments about the Pyggly platform. If you submit ideas or suggestions for the Pyggly platform (“Comments”), you agree that all Comments will be deemed, and will remain, non-confidential and the sole property of Pyggly, without compensation to you. None of the Comments will be subject to any fiduciary obligation or obligation of confidence on the part of Pyggly, and Pyggly will not be liable for any use or disclosure of any Comments. Without limiting the foregoing, Pyggly will be entitled to unrestricted use and other exploitation of the Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Comments.

  1. Copyright Infringement; Digital Millennium Copyright Act

Pyggly complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you believe that any material contained in a Pyggly App or on a Pyggly website infringes a copyright that you control, you may contact our Designated Agent with a notification of such infringement at the following email: support@pyggly.com

Pyggly requests that any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights include the following information (17 U.S.C. § 512(c)(3)): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right allegedly infringed; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Services; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter Notices. If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. § 512(g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (a) a physical or electronic signature of the subscriber; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) your name, address, and telephone number; and (e) a statement that you consent to the jurisdiction of United States District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Pyggly may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

  1. Suspension; Modifications and Termination

Termination by User. You may terminate this Agreement at any time by closing your Pyggly User Account and ceasing to use the Pyggly Services, and all Pyggly Apps.

Termination by Pyggly. Pyggly reserves the right to suspend or terminate your User Account and/or your access to the Pyggly Services at any time, without notice to you, if it believes, in its sole and absolute discretion, that you are in breach of this Agreement, or if it believes that you are using the Pyggly Services or any Pyggly App in a manner harmful to Pyggly, its merchants, users, or any other third party. Any such termination, suspension, or modification will terminate any Merchant or User Credit that you rightfully earned prior to termination.

Modification of Services and Terms. Pyggly reserves the right to modify the Services and Pyggly Apps, any features or aspects of the Services or Apps at any time, without notice to you. Pyggly may also from time to time amend, update, or change these User Terms. If Pyggly does so, it will notify you by posting the amended terms on our website. You are under a continuing obligation to review the current version of these User Terms and other published Pyggly policies when using the Pyggly Apps and/or Services. You agree that your continued use of your Pyggly User Account, the Pyggly Services, or the Pyggly Apps shall constitute your agreement to the User Terms as so amended. If you do not agree to the amended Terms, you must terminate your User Account and cease using the Pyggly Services and Pyggly Apps.

Obligations in the Event of Termination. If your Pyggly User Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Pyggly Services and all Pyggly Apps, (c) that the license provided by Pyggly under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of the User Data stored by Pyggly, and (e) that Pyggly shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of Pyggly or for termination of access to your Pyggly User Account.

Sections 4, 8, 9, and 12-16, any accrued rights and remedies hereunder, including specifically Pyggly’s rights to retain and use User Data and complete any authorized transactions, and any other provisions that by their nature require survival in order to be effective, shall survive the termination or expiration of this Agreement.

  1. No Warranties

The Pyggly Services and Pyggly Apps are provided on an “as-is” basis. Pyggly does not warrant that the Services or Pyggly Apps will operate error-free or without downtime. Pyggly may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to the Service.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PYGGLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. PYGGLY DOES NOT WARRANT THAT THE PYGGLY SERVICES AND/OR ANY PYGGLY APP: (i) WILL PROVIDE RESULTS OR INCLUDE CONTENT THAT IS ACCURATE, RELIABLE OR CORRECT; (ii) WILL MEET YOUR REQUIREMENTS; (iii) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR (iv) WILL BE FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PYGGLY IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM PYGGLY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

You are solely responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access the Pyggly Services, and for paying for such equipment and any telecommunications charges. We are not liable for any third-party charges, or loss or damage you suffer arising from damage to equipment used in connection with use of the Pyggly Services.

Pyggly is not responsible for the goods and services that you purchase using the Pyggly Services or any Pyggly App. The providing merchant is responsible for all customer service related to those goods and services, including order fulfillment, order cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant’s personnel, policies, or processes. Pyggly is also not responsible for any customer service related to your payment instrument(s).

Because we do not control the security of the Internet, or other networks you use to access the Pyggly Services, Pyggly is not responsible for the security of information that you choose to communicate with Pyggly while it is being transmitted. Pyggly is not responsible for any data lost during transmission.

  1. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL PYGGLY, OR ANY OF PYGGLY’S MERCHANTS, PROCESSORS, SUPPLIERS, OR LICENSORS (OR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES), ARISING FROM OR RELATING TO THE USE OF, OR INABILITY TO USE, THE PYGGLY SERVICES OR ANY PYGGLY APP, OR ANY LOYALTY CREDIT OFFERED OR AWARDED, OR ANY GOODS AND SERVICES PURCHASED WITH THE PYGGLY SERVICES OR ANY PYGGLY APP. PYGGLY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PYGGLY SERVICES, YOUR PYGGLY USER ACCOUNT, ANY PYGGLY APP, OR THE INFORMATION CONTAINED THEREIN. PYGGLY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE PYGGLY SERVICES OR ANY GOODS OR SERVICES PURCHASED USING THE SERVICES.

THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND EVEN IF PYGGLY OR A MERCHANT HAD BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

With respect to any unauthorized, fraudulent transaction conducted using your User Account, absent any violation of these User Terms by you, your right to reimbursement for any direct losses (i.e., losses not refunded by your payment instrument issuing entity) as set forth herein shall be your sole and exclusive right and remedy for any loss or damages incurred by you arising out of, in connection with, or relating to any fraudulent or unauthorized use of your Pyggly User Account, and Pyggly may condition its payment of any fraud or unauthorized use reimbursement upon your releasing Pyggly from any further claims with respect thereto.

An action or proceeding relating to any claim arising out of the Pyggly Services or any Pyggly App must commence within the shorter of the applicable statute of limitations or one year after the cause of action has accrued.

  1. Release of Claims; Indemnity

You hereby release, and agree to defend, indemnify and hold harmless Pyggly against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with or relating to: (i) your improper or illegal use of the Pyggly Service or any Pyggly App; (ii) your breach of any provision of this Agreement; (iii) your violation of any federal, state, or local law or regulation; (iv) any goods and services purchased with the Pyggly Service; (v) any act or omission of any merchant; and/or (vi) your participation in any merchant loyalty campaign or Loyalty Credit awarded or redeemed with the Pyggly Services or any Pyggly App (“Damages”). Pyggly reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You agree to cooperate with Pyggly with respect to such defense and settlement.

  1. Disputes; Arbitration

Pyggly seeks reasonably to attempt to resolve disputes with Users to their satisfaction. If, however, a matter arises that cannot be resolved promptly between you and Pyggly, you agree that any disputes arising out of or relating to the Pyggly Services, any Pyggly App, or this Agreement (including, without limitation, the validity, applicability, or enforceability and scope of the agreement to arbitrate and any disputes with Pyggly’s third-party licensors or merchants) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act and shall be conducted before a single arbiter pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). You agree that the arbitration shall be held in Boston, Massachusetts, unless the AAA or the arbitrator shall determine that venue in Boston is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. This provision shall not apply to claims of patent, trademark, copyright infringement, or misappropriation of trade secrets. In addition, you or we may elect to bring an individual claim in a small claims court, but Pyggly does not hereby agree to any personal jurisdiction that is otherwise lacking.

You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST PYGGLY.

If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this section shall remain in effect, with the exception that if the preceding paragraph is deemed invalid, then this entire section shall be deemed invalid and the arbitration clause shall be void.

  1. Miscellaneous Provisions

This Agreement represents the entire agreement of the parties as to its subject matter, and supersedes all prior written and oral representations and discussions between the parties.

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without reference to principles of conflicts of laws.

No delay or omission by Pyggly in exercising any of its rights occurring upon any noncompliance or default by you with respect to this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Pyggly of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.

Except as provided in §16 above, if any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.

In no event shall Pyggly be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Pyggly’s reasonable control.

The provisions of this Agreement are entered into for the benefit of Pyggly, its third party licensors, and the merchants and each of them shall have the right to enforce such provisions of this Agreement, including the arbitration clause, directly against you to protect their interests. Except as stated in the preceding sentence, there shall be no third party beneficiaries to this Agreement.

Pyggly reserves the right to change or add to these User Terms at any time. When we do so, we shall provide notice on our website by posting the updated User Terms. You agree that if you do not agree to any such amendment, you shall immediately terminate this agreement. Your failure to do so, or continued use of any Pyggly App or Service, shall constitute agreement to User Terms as so amended.

In the event of a conflict between this Agreement and any other Pyggly agreement or policy provided to you, directly or indirectly, this Agreement shall prevail on the subject matter of this Agreement.

Effective Date of these Terms of Service: March 16, 2017