fbpx
🐷 piggy | create whatever

End User License Agreement


  1. Preamble
    1. The Parties. This is our legally binding end-user license agreement (this “License Agreement”). Please read it carefully. By installing or using our application (the “App”), provided by Flying Pigs Ltd., located at Aluf Kalman Magen St 5, Tel Aviv, 6107077, and its affiliates (“Piggy”, “we”, “our”), you agree to the following terms and conditions. For the purpose of this License Agreement, “the parties” means Piggy and you.
    2. Requests. Should you have questions, complaints, or claims (your “Request“) with respect to this License Agreement, the App, the Services, or the License, please contact us at hello@piggy.to. We may ask you to provide us with additional information to properly and efficiently address your Request. We will make commercially reasonable efforts to review your Request and respond promptly.
    3. Privacy.
      1. Note that we will not respond to anonymous Requests. Therefore, when you contact us, personal information related to you will be shared with us for the following purposes: (i) addressing your Request; (ii) complying with applicable law and agreements; (iii) improving the App and Services; and (iv) legal defense. Any personal information related to you will be processed in accordance with the Piggy Privacy Policy (the “Privacy Policy“), mutatis mutandis.
      2. In addition, to provide you with the Services, we need to-
        1. Access your Device’s camera, microphone, and relevant data (including your contact details, photos, videos, songs, clipboard, and audio formats, saved on your smart device).
        2. Collect your name, email address, IP address. Please note that the Services and/or App are not directed to individuals under the age of 18. If you are under the age of 18, you do not have our authorization or permission to use or access the Services and/or App.
      3. By registering to the Services, as indicated in Section 2 below, you acknowledge, agree, and consent to the use of the above-mentioned types of personal information related to you to provide you with the Services, and that such collection and processing of personal information will be in accordance with the Privacy Policy, mutatis mutandis.
    4. Our Responsibility. You acknowledge that this License Agreement is between Piggy and you only, and that Apple and/or Google are not parties to this License Agreement. You further acknowledge that Piggy, and not Apple and/or Google, is solely responsible for the App, Services, and/or any content thereof, subject to the terms and conditions of this License Agreement. We make commercially reasonable efforts to ensure that this License Agreement does not provide usage rules for the App that are in conflict with the Apple Media Services Terms and Conditions and Google Play Terms of Service. However, if you believe that there is such a conflict, please contact us. For the purpose of this License Agreement, “Apple” means Apples Inc. and its subsidiaries, and “Google” means Google LLC and its subsidiaries.
    5. Rights. We respect your rights. If you reside in a jurisdiction that provides you with additional or different consumer legal rights, including, without limitation, with respect to our responsibility and liability under this License Agreement, which may not be waived under this License Agreement, then nothing in this License Agreement limits and/or prevails such legal rights.
  2. The Services; License Grant
    1. The Services. Subject to the terms and conditions of this License Agreement, the App aims to create and/or combine content and share such content with your family members, friends, colleague, and anyone else you wish to share the content with (the “Services“).
    2. License Grant.
      1. Subject to the terms and conditions of this License Agreement, Piggy hereby grants you a worldwide, limited, non-exclusive, revocable, non-transferable license, permission, and consent to install and use the App only for the purpose of providing you with the Services and solely on devices that you legally own or control (collectively, your “Device“) and as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions and Google Play Terms of Service, respectively (the “License“).
      2. There are specific paid Services on the App which will be referred to herein as “Your Products“. For the purpose of the License Agreement, the term “Your Products” means any content that you upload to the App and/or create via the App, including, without limitation, photos, images, videos, text, and sounds. Note that you need to (i) ensure that your use of Your Products do not violate any law or regulation, including, without limitation, any third party’s intellectual property rights; (ii) immediately inform us about any claim or demand related to sub-section (i) above; (iii) conduct a thorough review and research to ensure that your use of Your Products do not and will not violate any third party’s intellectual property rights; (iv) fully cooperate with us on any claim or demand related to Your Products that we or our affiliates received, at your expense; and (v) fully comply with the provisions stated in this License Agreement.
      3. You hereby grant us a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license, permission and consent to use Your Products for our internal and marketing purposes, and that you have all the rights necessary to grant us such license.
      4. Without derogating from the generality of the foregoing, you acknowledge, understand, and agree that we are allowed to create, use, utilize, display, offer, and/or sell content that are similar to Your Products and you hereby irrevocably waive any moral rights you may have in this respect. If you believe that there is a legal restriction to do so with respect to Your Products, please contact us.
      5. If you wish to apply for a trademark registration of Your Products, you will need to do so at your expense and in separate from our Services. To the maximum extent permitted by law, we will not provide you with any advice with respect to your rights, including, without limitation, intellectual property rights.
      6. If we are required to assist you to comply with applicable law, then unless required otherwise by applicable laws, you agree to bear our related costs and expenses, including, without limitation, legal expenses and attorney fees.
      7. You acknowledge that some fonts and symbols used as part of the Services or Your Products can be licensed from a third-party provider. We assume no responsibility for any claim or demand with respect to any third party’s rights, as further described below.
      8. Unless expressly stated otherwise by us in writing, all information and materials available on the App and/or Services which are not Your Products are Piggy’s sole property or licensed to Piggy by third parties. We do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions, or licenses with respect to the App, and we reserve all rights not expressly granted in this License Agreement. For the sake of clarity, and without limiting the above said, the App’s trademarks (whether registered or not) and copyrights, Piggy’s name and logo, and the App’s domain name are our sole property. You may not use them, or any confusingly similar mark or text, without our prior express written consent.
    3. Account Registration and Payments.
      1. You must be registered in order to use the App, by filling in the required information in the form in which we indicate the mandatory fields for completion. If you do not provide the required information in these fields, you will not be able to register. You must provide true, accurate, and complete information.
      2. Login is authenticated with a password, which you should periodically change. You must maintain the confidentiality of your account login details for your account. You are solely responsible for the security of your login credentials and will not provide such login credentials to any third party. You are responsible for any use that occurs under your login credentials. If you believe an unauthorized person has gained access to your login credentials, you will notify us as soon as possible.
      3. Piggy may offer the opportunity to purchase access to certain features of the App by means of one-time or recurring payments (“Subscription“) through Apple App Store or Google Play (“Marketplace Provider“). These payments require you to have an active account with a Marketplace Provider and provide a then-current and valid method of payment, such as a credit card or debit card (“Payment Method“).
      4. Payments will be processed by your respective Marketplace Provider and not through Piggy. Any inquiries related to payments should be directed to your Marketplace Provider. You are responsible for all charges incurred in connection with your payments.
      5. By selecting a Subscription, you agree to pay the Marketplace Provider a subscription fee on a designated cycle for the App (“Subscription Fee“). The first Subscription Fee will be charged to your Payment Method on the date the Marketplace Provider confirms your Subscription purchase. Thereafter, the Subscription Fee and any applicable tax and service fees will be charged to your Payment Method by your Marketplace Provider on a recurring basis in accordance with your designated cycle.
  3. General Terms
    1. Your Responsibility. You will be solely responsible to ensure that the App is properly installed and used. Furthermore, we do not endorse any opinions expressed by our users, yourself included. Accordingly, you agree and acknowledge that you access and use the App and Services at your own risk and that you are responsible for taking any actions necessary to determine whether your use will infringe any third party’s rights, including, without limitation, intellectual property, privacy, or publicity right. If you have a dispute with another person, you release Piggy from claims, demands, and/or damages arising out of or in any way connected with such disputes.
    2. Authorized User. To the extent applicable, you: (a) agree to this License Agreement on behalf of the company or other legal entity with which you are employed, affiliated, or associated (the “Legal Entity“); and (b) represent that you have the authority to bind the Legal Entity to this License Agreement. Accordingly, any provision stated in this License Agreement applies to you and the Legal Entity.
    3. Maintenance and Support. You acknowledge that Apple and/or Google will not have any obligation whatsoever to provide any maintenance or support with respect to the App and/or Services. Accordingly, subject to the terms and conditions of this License Agreement, Piggy is solely responsible for providing any maintenance and support services with respect to the App and/or Services.
    4. Product Claims. The parties agree that it is Piggy, and not Apple and/or Google, that is solely responsible for addressing any claims made by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, similar legislation, including in connection with the App’s use of the Apple’s HealthKit and HomeKit frameworks.
    5. Intellectual Property Rights. The parties acknowledge that in the event of any third party claim that the App or your possession and/or use of the App infringes such third party’s intellectual property rights, Piggy, and not Apple and/or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
    6. Legal Compliance. You represent and warrant that: (a) 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; (b) you are not listed on a U.S. Government list of prohibited or restricted parties; and (c) you comply with all laws and agreements, including, without limitation, any relevant third-party’s terms and conditions, that apply to your use of the App and/or Services (including, without limitation, Your Products).
    7. Third Party Beneficiary. The parties acknowledge and agree that Apple and/or Google are third-party beneficiaries of this License Agreement, and that, upon your acceptance of the terms and conditions of this License Agreement, Apple will have the right, and will be deemed to have accepted the right, to enforce this License Agreement against you as a third party beneficiary thereof.
  4. Prohibited Uses
    1. Other than the rights explicitly granted in this License Agreement, you will have no other rights, express or implied, in the App. Without limiting the generality of the foregoing, you agree and undertake not to, and not to allow any third party to: (i) sell, lease, sublicense, or distribute the App, or any part thereof, or otherwise transfer the App; (ii) reverse engineer, decompile, disassemble, or otherwise reduce to human-perceivable form the App’s source code and or any third party software provided by Piggy; (iii) modify, revise, enhance, or alter the App; (iv) copy or allow copies of the App to be made, unless expressly permitted herein; (v) represent that you possess any proprietary interest in the App; and/or (vi) use the App in any illegal manner or for unlawful purposes.
    2. You may not access or use the App or Services: (1) for or in connection with any activity that constitutes or encourages conduct that would (i) constitute a criminal offense; (ii) give rise to civil liability; (iii) violate any applicable local, state, national, foreign law or industry standard, including, without limitation, any applicable laws and regulations governing intellectual property, privacy, defamation, fraud, mass email, spam, harassment, obscenity, hate-speech, export control, consumer protection, unfair competition and false advertising or any other deceptive practices; or, (iv) provide us with content that may create materials that: (a) are pornographic, sexually explicit or violent; (b) reasonably likely to cause harm or could be reasonably considered as slanderous or libelous; (c) are defamatory of any person, obscene, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (d) infringe any copyright, design right, database right or trademark of any other person; (e) are likely to deceive any person, breach any legal duty owed to a third party, or promote any illegal activity; (2) to upload, post, email, transmit, record, provide a recording or otherwise make available any information and materials that infringe a third party’s right, especially privacy, publicity, and intellectual property rights, software viruses, Trojan horses, worms and any other malicious application to computers and networks; and/or (3) to develop or create a similar or competitive product or service to the App and/or Services.
    3. You may not use the App and/or Services for any commercial or business purpose that is not expressly permitted by this License Agreement, including, but not limited to, providing the App and/or Services to third parties by reselling, licensing, renting, leasing, transferring, lending, timesharing, assigning, mirroring, redistributing or displaying the App, Services, or any part thereof, without our prior written and explicit permission.
    4. Without limiting the generality of the foregoing, you may not (1) modify any material or content that we make available on the App, except as expressly permitted under this License Agreement; (2) engage in or attempt to engage in any form of testing, scanning, crawling, scraping, probing, robotic navigating, bulk extracting or hacking the App; (3) interfere with, burden or disrupt the functionality of the App; (4) circumvent, impair, or manipulate the operation of the App; (5) work around or circumvent any technical limitations in the App or use any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the App; (6) embed, frame, or otherwise link directly to the App, from other webpages, applications, or resources, without our prior written permission; (7) engage in any false, misleading, or deceptive acts or practices involving the App or your identity, agency or affiliation with any person or entity; and/or (8) breach the security of the App, or any network or server used by the App.
  5. Title and Ownership
    1. The App is the property of Piggy and/or its licensors and any disclosure or unauthorized use thereof will cause irreparable harm and loss to Piggy and/or its licensors. All right, title and interest in and to the App, any derivatives thereof and modifications thereto, including associated intellectual property rights, evidenced by or embodied in or attached, connected, or related to the App, are and will remain with Piggy or its licensors.
    2. This License Agreement does not convey to you any interest in or to the App, however only a limited right of use in accordance with the terms and conditions herein. Nothing in this License Agreement constitutes a waiver of Piggy’s or its licensors’ intellectual property rights under any law.
    3. To the maximum extent permitted by law, we may at any time, at our sole discretion and without prior notice, delete or modify any material from the App and/or our servers, in whole or in part.
  6. Warranty Disclaimer
    1. If you have a dispute with another user or person, you release Piggy from claims, demands, and/or damages arising out of or in any way connected with such disputes.
    2. The App and Services (including, without limitation, Your Products) are provided on an “as is” basis, without any warranties of accuracy, reliability, likely-result, merchantability, fitness for a particular purpose, non-infringement, compatibility, security or being up to date. To the maximum extent permitted by applicable law and agreements, your sole right or remedy with respect to any dissatisfaction with the App is to immediately uninstall the App and cease any use of the App.
    3. Without limiting the generality of the foregoing, Piggy does not represent or warrant that the App will operate continuously, uninterrupted, or be error-free. Accordingly, Piggy will not be liable to you in the event of systems or communications errors, bugs, or viruses relating to the App or resulting in loss of data by you or any other damage to your Device or your ability to use it, and Piggy reserves the right to take any other action to correct such errors, if any, provided that Piggy is not required to provide any back up network or systems or similar services thereof.
    4. To the extent not effectively disclaimed in this License Agreement, you acknowledge and agree that Piggy will be solely responsible for any product warranties, whether express or implied by law. You further acknowledge and agree that, in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and/or Google, and Apple and/or Google will refund the purchase price for the App in accordance with their policies in this respect. To the maximum extent permitted by applicable law, Apple and/or Google have no other warranty or obligation whatsoever with respect to the App, Services, and all other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Piggy, to the extent applicable.
    5. For the sake of clarity, Piggy does not have the right to issue refunds for in-app purchases made through the App Store and/or Google Play, and Piggy has no control of or responsibility to any automatic renewal of services and/or subscriptions that might occur for in-app purchases made through App Store and/or Google Play. Accordingly, you are responsible to contact Apple and/or Google directly regarding any refund and/or cancellation of future renewals, where applicable.
  7. Limitation of Liability
    1. To the maximum extent permitted by law, we, and our employees, directors, shareholders, advisors, or anyone acting on our behalf will not be liable to you or any other person with respect to the App’s and/or Services’ (including, without limitation, Your Products’) properties, abilities, limitations, fitness to your needs, or with respect to any content available on or unavailable through the App and/or Services (including, without limitation, Your Products).
    2. To the maximum extent permitted by law, we, and our employees, directors, shareholders, advisors, or anyone acting on our behalf will not be liable for any direct, indirect, incidental or consequential damage, or any other damage, and loss (including loss of profit and loss of data), costs, expenses, and payments, either in tort, contractual, or in any other form of liability, arising from, or in connection with the use of, or the inability to use the App and/or Services, or any failure, error, or breakdown in the function of the App and/or Services, or from any fault or error made by our staff or anyone acting on our behalf, or from your reliance on the content or material originating from third parties, or any communication with us or with other users in connection with the App and/or Services – whether or not we have been advised of the possibility of such damage, loss, costs, expenses or payments.
  8. Indemnification
    1. You will indemnify, defend, and hold harmless us, our employees, directors, shareholders, advisors or anyone acting on our behalf from and against any claims, demands, damages, losses (including, without limitation, loss of profit), payments or expenses, including legal expenses and attorney fees, that we incur in connection with your breach of the terms or any unlawful or tortuous action or inaction by you or anyone on your behalf with respect to the App and/or Services (including, without limitation, Your Products).
  9. Term and Termination
    1. This License Agreement will terminate immediately and automatically upon any termination or expiration of your subscription to the App.
    2. Notwithstanding anything to the contrary contained in this License Agreement, and to the maximum extent permitted by law, Piggy may terminate this License Agreement at any time without cause and without any requirement of notice.
    3. Upon any expiration or termination, you will no longer be permitted to use the App, and will be required to immediately delete all copies of the App in your possession. For the sake of clarity, any expiration or termination of this License Agreement will not entitle you to any refund, credit, or other compensation from Piggy.
    4. Sections and 1.2-1.5, 2.2, 3.4-3.5, 5-8, 9.3-9.4, and 10.3-10.8 of this License Agreement will survive any termination of this License Agreement.
  10. Miscellaneous
    1. Changes and Additions. We may change this License Agreement to meet technical, operational, and legal requirements. We will post a notice about changes made to this License Agreement on the App (the “Notice“). Unless required otherwise to comply with applicable laws, rules, regulations, and agreements, all minor changes (which have minor, if any, consequences) will take effect immediately after we post the Notice, and substantial changes will be effective 30 days after post the Notice. Note that we may modify, enhance, or improve the App and/or Services, and may accordingly offer additional tools and features. Such additional tools and features may be governed by additional or different terms, as provided by us, where applicable.
    2. Assignment. We may assign or transfer our rights or obligations under this License Agreement to any third party, provided, however, that your rights under this License Agreement are not compromised by such assignment or transfer. You may not assign or transfer your rights or obligations under this License Agreement without our prior written consent. Any attempted or actual assignment or transfer by you will be null and void, unless expressly stated otherwise by us in writing.
    3. App’s Changes and Availability. In order to improve the Services, we may from time to time change the App’s structure, layout, design or display, as well as the scope and availability of the information and content therein, at our sole discretion and without giving any prior notice. Changes of this character by their very nature are likely to result in glitches or cause inconvenience. We will not be held responsible for any outcome of these changes, and failures resulting from them.
    4. Links. The App may contain links to other applications, websites, and content provided by third parties. We do not operate or monitor these applications, websites, and content. You may find them, or the information and content posted therein, not compatible with your requirements, objectionable, annoying, improper, unlawful or immoral. By linking to a certain application and/or website, we do not endorse, sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility for such third-parties’ applications, websites, or content. Accordingly, we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any third-parties’ applications, websites, or content.
    5. Governing Law and Jurisdiction.
      1. If the value of the relief sought is 10,000 US dollars or less, the parties will make good faith efforts to resolve the dispute between them amicably. If such direct talks fail to resolve the dispute, each party may initiate an alternative dispute resolution (“ADR“) process with an established ADR service provider. The parties will agree on the identity of the ADR service provider and the dispute will be conducted in English, by written submissions through e-mail correspondence or other electronic communications, or through telephone conversations, without the need for personal appearance. Any judgment on the award rendered by the ADR provider may be entered in any court of competent jurisdiction.
      2. If the value of the relief sought is more than 10,000 US dollars, this License Agreement and any claim, cause of action or dispute arising out of or related thereto, will be governed solely by the laws of the State of Israel, regardless of your country of origin or where you access the App, and without giving effect to any conflicts of law principles, which would result in the application of the laws of a jurisdiction other than the State of Israel. The competent courts in Tel Aviv, Israel, will have sole and exclusive jurisdiction with respect to this License Agreement and any claim, cause of action, or dispute arising out of or related thereto. You hereby agree to the exclusive jurisdiction of the above-mentioned courts, agree to accept service of process by any means permitted by the applicable law and waive any jurisdictional, conflict of law or venue defenses otherwise available to you.
    6. Entire Agreement. This License Agreement constitutes the entire agreement between you and Piggy. This License Agreement supersedes any agreements, negotiations, and understandings, whether written or oral, and no waiver, concession, extension, representation, alteration, addition or derogation from this License Agreement will be effective unless expressly stated otherwise by us in writing.
    7. Interpretation. The paragraph headings in this License Agreement are intended solely for the purpose of orientation and reading convenience and will not be used for interpretation purposes.
    8. Severability. If any provision of this License Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this License Agreement will remain in full force and effect, to the maximum extent.

Last Revised: April 25, 2021.

Effective Date: April 25, 2021.