1. General Disclaimer
PennyPig is a simple tracking tool designed to help parents and guardians keep a personal record of their children’s cash. PennyPig is not a bank, financial institution, money services business, payment processor, or financial service of any kind. It does not hold, store, transfer, transmit, or manage real money, digital currency, or any form of monetary value. No actual financial transactions occur within the App. PennyPig does not provide financial advice, investment advice, tax advice, or recommendations of any kind.
2. Not a Financial Product
Balances displayed in PennyPig are user-entered figures for personal record-keeping purposes only. They do not represent deposits, withdrawals, account balances, credits, debits, or funds held by PerkFind LLC or any third party. PennyPig does not connect to any bank, credit union, brokerage, payment network, or financial institution. There is no integration with any external financial service, payment processor, or money transmitter. Nothing in the App should be construed as creating a debtor-creditor, fiduciary, or custodial relationship between PerkFind LLC and any user.
3. Eligibility and Parental Consent
The App is intended for purchase, installation, and primary administration by adults who are at least eighteen (18) years of age. By downloading and using PennyPig, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. Supervised use of the App by minors is permitted, provided that a parent or legal guardian has purchased and configured the App and assumes responsibility for the minor’s use. If you are downloading or using the App on behalf of a minor, you represent that you are the parent or legal guardian of such minor and accept these Terms on their behalf. You assume all responsibility for any use of the App by minors under your supervision.
4. Use by Children & COPPA Compliance
PennyPig is designed for use by parents and guardians to track their children’s cash. While the App includes a kid-friendly view that may be shown to children, the App is intended to be operated under direct parental supervision at all times.
PennyPig is designed to comply with the Children’s Online Privacy Protection Act (“COPPA”) and all applicable laws regarding children’s privacy. Specifically:
- The App does not directly collect, transmit, or disclose personal information from children under the age of thirteen (13), or from any user of any age, to PerkFind LLC or any third party. Users may voluntarily enter information (such as account names, savings goals, and transaction notes) that is stored locally on the user’s device at the user’s discretion.
- The App is not designed to require or permit account creation, user registration, or sign-up of any kind.
- The App is not designed to connect to the internet, transmit data, or communicate with any server, API, or external service. However, the device’s operating system or distribution platform may independently transmit certain data (such as crash diagnostics or app performance metrics) outside of the App’s control.
- The App does not intentionally incorporate any analytics, advertising, tracking, or third-party SDKs.
- The App is not designed to enable children to make purchases, communicate with other users, share content publicly, or access third-party websites or services.
- All data entered into the App is intended to remain stored locally on the user’s device and is not accessible to PerkFind LLC or any third party under ordinary circumstances.
5. Data Storage, Privacy & Data Loss
All data entered into PennyPig is designed to be stored on your local device using on-device storage. PerkFind LLC does not directly collect or transmit, and does not have the ability under ordinary circumstances to access, view, or retrieve, any data you enter into the App. As of the date of these Terms, PerkFind LLC does not operate servers, databases, or cloud storage in connection with PennyPig.
Your device’s operating system may include App data in automatic device backups (such as iCloud Backup or Google Backup). These backups are governed by the applicable platform’s privacy policy and are outside of PerkFind LLC’s control.
You acknowledge and agree that if you delete the App, reset your device, lose your device, upgrade your device, or otherwise lose access to your device’s local storage, all PennyPig data may be permanently and irrecoverably lost, subject to any data that may be retained in device-level backups outside of PerkFind LLC’s control. PerkFind LLC does not have the ability to recover, restore, or reconstruct any data under ordinary circumstances. You are solely responsible for maintaining any independent backups or records of the information you enter into the App.
For additional information about our data practices, please refer to our Privacy Policy.
6. Accuracy of Information
PennyPig relies entirely on data manually entered by the user. PerkFind LLC makes no representations or warranties regarding the accuracy, completeness, reliability, or correctness of any information displayed in the App. Balances and transaction histories are only as accurate as the data you enter. You are solely responsible for verifying the accuracy of all data in the App and should not rely on PennyPig as your sole record of any financial obligations or entitlements.
7. Intellectual Property & License
PennyPig, including its name, design, user interface, code, graphics, icons, and all associated branding and intellectual property, are and shall remain the exclusive property of PerkFind LLC. All rights not expressly granted herein are reserved.
Subject to your compliance with these Terms, PerkFind LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. You may not:
- Copy, modify, adapt, translate, or create derivative works of the App;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App;
- Distribute, sublicense, lease, rent, loan, or otherwise transfer the App or any rights therein to any third party;
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the App; or
- Use the App for any commercial purpose or for the benefit of any third party.
8. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PENNYPIG IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PERKFIND LLC DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PERKFIND LLC DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU USE THE APP ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PERKFIND LLC OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERKFIND LLC, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “PERKFIND PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, INACCURATE RECORDS, MISCOUNTED FUNDS, OR ANY OTHER LOSS ARISING FROM OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE APP; (B) ANY ERRORS, INACCURACIES, OR OMISSIONS IN THE APP OR ANY DATA ENTERED THEREIN; (C) ANY LOSS OR CORRUPTION OF DATA STORED WITHIN THE APP; (D) ANY RELIANCE ON INFORMATION DISPLAYED IN THE APP; OR (E) ANY OTHER MATTER RELATING TO THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE PERKFIND PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THE LIABILITY OF THE PERKFIND PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PERKFIND PARTIES EXCEED THE AMOUNT YOU PAID FOR THE APP.
10. Indemnification
You agree to indemnify, defend, and hold harmless the PerkFind Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from or relating to: (a) your use of or access to the App; (b) your violation of these Terms; (c) your violation of any applicable law, rule, or regulation; (d) any dispute between you and any third party arising from or relating to the App or the data you enter therein; or (e) any claim that your use of the App caused damage to a third party.
11. Dispute Resolution & Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and PerkFind LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App (collectively, “Disputes”) shall be resolved through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
CLASS ACTION WAIVER: YOU AND PERKFIND LLC AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
12. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. To the extent that arbitration is not required under Section 11, you agree that any legal action or proceeding arising out of or relating to these Terms or the App shall be brought exclusively in the state or federal courts located in Bergen County, New Jersey, and you consent to the personal jurisdiction of such courts.
13. Third-Party Platforms
PennyPig is made available through third-party distribution platforms, including the Apple App Store and Google Play Store (each, a “Platform”). You acknowledge and agree that:
- These Terms are between you and PerkFind LLC only, and not with any Platform provider. PerkFind LLC, not the Platform provider, is solely responsible for the App and its content.
- The Platform provider has no obligation to provide any maintenance or support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the Platform provider, and the Platform provider may refund the purchase price of the App to you (if applicable). To the maximum extent permitted by applicable law, the Platform provider will have no other warranty obligation with respect to the App.
- The Platform provider is not responsible for addressing any claims relating to the App, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, or claims arising under consumer protection or similar legislation.
- The Platform provider is a third-party beneficiary of these Terms and, upon your acceptance of these Terms, will have the right to enforce these Terms against you.
- Your use of the App is also subject to the Platform provider’s own terms of service and usage rules.
14. Termination
PerkFind LLC reserves the right to discontinue, suspend, or terminate the App, or your access to the App, at any time, for any reason, with or without notice. Any applicable refund in connection with a termination or discontinuation shall be governed by the refund policies of the Platform through which you purchased the App. Upon termination, your license to use the App will immediately cease. PerkFind LLC shall have no liability to you or any third party for any termination or discontinuation of the App, except as may be required by applicable law. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation Sections 8, 9, 10, 11, and 12.
15. Changes to These Terms
PerkFind LLC reserves the right to update, revise, or modify these Terms at any time at its sole discretion. If we make material changes, we will update the “Last updated” date at the top of these Terms and may notify you through the App or by other means. Your continued use of PennyPig following the posting of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App and uninstall it from your device.
16. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.
17. Entire Agreement
These Terms, together with the PennyPig Privacy Policy, constitute the entire agreement between you and PerkFind LLC with respect to the App and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.
18. Waiver
The failure of PerkFind LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by PerkFind LLC.
19. Contact Information
If you have questions, concerns, or comments about these Terms, please contact us at:
PerkFind LLC
Email: hello@perkfind.com
BY DOWNLOADING, INSTALLING, OR USING PENNYPIG, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.