TERMS OF USE

Thank you for choosing Pennyguard. These Terms of Use (the "Terms") set out the conditions on which you may access and use the Pennyguard mobile application (the "App"). The App is made available by Pennyguard Ltd., registration number HE 498282, registered address: 2 Grammou Street, Paphos, 8025, Cyprus ("we", "us" or "our").

Your use of the App means that you accept these Terms and agree to be legally bound by them. If you disagree with any provision of these Terms, you are not permitted to use the App.

  1. General Terms

These Terms form a legally enforceable contract between you and Pennyguard Ltd. concerning your use of the App. They set out what you are entitled to do, and what you are responsible for, when you use the App.

  1. Accepting The Terms

When you access or use the App, you confirm that you have read and understood these Terms and our Privacy Policy and that you accept them as binding on you. Anyone who does not agree with these Terms in their entirety is not permitted to use the App. Any use of the Services whatsoever signifies your agreement to all of these Terms, which will continue to apply for as long as you use the Services.

BY CLICKING "I ACCEPT", OR BY ACCESSING OR USING THE APP IN ANY OTHER WAY, YOU EXPRESSLY CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT USE THE APP AND MUST REMOVE IT FROM YOUR DEVICE WITHOUT DELAY. BY CONTINUING TO USE THE APP YOU ACCEPT THESE TERMS UNCONDITIONALLY.

  1. Privacy And Your Personal Information

We take your privacy seriously. Our Privacy Policy, which can be accessed within the App, describes the ways in which we collect, use and safeguard your data. As explained further below, data generated by you and entered into Pennyguard is not stored on any server and is not shared with anyone: it resides solely on your own device. We do not collect information capable of identifying you personally, other than information you choose to give us when contacting us for support or to leave feedback.

  1. Description Of The Services

Pennyguard is a personal finance management platform whose purpose is to help you keep track of, and stay in control of, your subscriptions and other recurring payments. Through the App you can enter your subscription details by hand, organize them and see when upcoming payments fall due. Our aim is to offer proactive, user-focused tools that increase your awareness of your recurring spending. The App is a personal financial management tool only; it does not give financial advice.

At present, access to the Services and their features is provided on a subscription basis: users pay a recurring membership fee in exchange for access to the platform. For the length of your subscription term, that subscription gives you complete access to every current and future feature of Pennyguard. Subscriptions are ordinarily handled through the app store on your device (for example, the Apple App Store); the fee is charged to the account linked to that store when the purchase is confirmed and again at the start of every renewal period. The exact prices, the available subscription options (monthly, annual and so on) and the applicable renewal rules are shown to you when you subscribe, either inside the App or in the app store. Managing your subscription, including cancelling it, is your responsibility and is done through the account settings of your app store.

  1. Account Information From Third-Party Sites

Pennyguard does not establish any direct connection with your bank accounts, credit cards or other financial institutions. Every item of subscription and payment data in the App is entered manually by you. We neither obtain nor store account information from any third-party site.

  1. Pennyguard Offers And Third-Party Links

Pennyguard does not promote or supply financial products, services or promotional offers originating from third-party companies. For your convenience only, the App may include links to websites or resources operated by third parties. We have no control over, and accept no responsibility for, the content, accuracy, policies, practices or availability of any such third-party website or service. If you visit those websites, you do so entirely at your own risk and subject to the terms and conditions of the relevant third parties.

We give no warranty or representation of any kind concerning third-party content, products or services reached through links within the Services, and we shall not be liable for any loss or damage that results from your use of those sites.

  1. Your Use of the Services

The Services are offered exclusively to persons who are at least 18 years old or who have reached the age of legal capacity to enter into contracts, whichever is higher. Although we do not verify age at present, we reserve the right to introduce age-verification measures in the future in order to comply with age-related restrictions.

You represent and warrant that you will use the Services solely for your own internal, personal and non-commercial purposes, not on behalf of or for the benefit of anyone else, and only in compliance with all applicable local, state, national and international laws, rules and regulations, including without limitation those relating to privacy and intellectual property.

In addition, you represent, warrant and undertake that you will not contribute any Content or User Submission (each as defined below), or otherwise use or interact with the Services, in a way that:

  • infringes, misappropriates or otherwise violates the intellectual property rights or other proprietary rights of any third party (including Pennyguard Ltd.);
  • breaches any applicable law, regulation or governmental order;
  • is unlawful, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, offensive or otherwise objectionable;
  • puts the security of your device or of any other account at risk (for instance, by allowing unauthorized access or impersonation);
  • seeks to obtain or misuse another user's password, account information or other security credentials;
  • breaches the security of any network, or attempts to probe, scan or test the vulnerability of any system or network without authorization;
  • employs any automated system, including "robots", "spiders", "offline readers" or comparable tools, to access the Services in a manner that sends more requests to our systems than a person could reasonably generate in the same period;
  • sends, or makes it possible to send, unsolicited email, junk mail, "spam" or chain letters through or in connection with the Services;
  • runs processes that operate or are triggered while the user is not actively using the App, or otherwise disrupts the proper functioning of the Services, including by placing an unreasonable burden on the system infrastructure;
  • accesses, scrapes, crawls, indexes or otherwise harvests information from any part of the Services or the Content by unauthorized means;
  • copies, stores, republishes or distributes any substantial part of the Content other than as the Company expressly permits;
  • decompiles, reverse engineers, disassembles or otherwise attempts to obtain the source code or the underlying structure, ideas or algorithms of the Services.

Should you at any time fail to satisfy all of these requirements, or breach any of them, we reserve the right to suspend or terminate your access to the App and its Services immediately, without prior notice and without incurring any liability.

  1. Not A Financial Planner, Broker Or Tax Advisor

Pennyguard is a tool for personal financial management. We are not financial planners, brokers, tax advisors or credit counselors. Information made available through the App is provided for informational purposes only and must not be treated as financial, legal or tax advice. Responsibility for your financial decisions rests solely with you.

  1. Use With Your Mobile Device

Pennyguard is built for use on mobile devices. It is up to you to make sure that your device satisfies the App's requirements and that you have a functioning internet connection where particular features (such as downloading updates) require one. You acknowledge that, when you access the Services from a mobile device, your wireless carrier's standard charges, data rates and other fees may apply. Pennyguard Ltd. accepts no responsibility or liability for any such charges.

  1. Online And Mobile Alerts

The App may send you notifications and alerts about forthcoming subscription payments. These notifications can be managed in your device's settings. Nevertheless, neither Pennyguard nor its creators can be held responsible for succeeding or failing to notify you of upcoming or overdue subscription payments. Making your subscription payments on time remains entirely your responsibility.

  1. Widgets

Where the App makes widgets available for your device, your use of them is governed by these Terms. Widgets are compact, interactive displays that can be placed on your device's home screen or "Today View" so that you can see information from Pennyguard quickly, without opening the full App. They are designed to present information at a glance, for example your next payment due or an overview of your active subscriptions. Because of their nature, widgets may offer less functionality than the full App and are not meant to substitute for the complete set of features available in the main Pennyguard application. All of the terms and conditions set out in these Terms of Use apply to your use of any widget provided by the App.

  1. Rights You Grant To Us

For the purposes of these Terms, you grant Pennyguard a limited power of attorney and appoint Pennyguard as your agent to access third-party sites, to retrieve and use your information with full power and authority to do so, and to take every step required in connection with those activities, in the same way as you could do yourself in person.

To deliver certain of our Services, including but not limited to Bill Negotiation or Cancellation, Pennyguard must deal with third-party service providers on your behalf. Some of those providers make it hard to access your information or to manage your account. It may therefore be necessary for our agents, acting as your limited agent and for the limited purpose you have authorized, to state that they are the account holder. You consent to such statements being made on your behalf solely for the limited, authorized purpose of carrying out the service you requested, e.g. Bill Negotiation or Cancellation. YOU ACKNOWLEDGE AND AGREE THAT, WHENEVER Pennyguard ACCESSES AND RETRIEVES ACCOUNT INFORMATION FROM THIRD-PARTY SITES, IT DOES SO AS YOUR LIMITED AGENT. YOU UNDERSTAND THAT PENNYGUARD IS NOT ACTING AS AGENT OF, OR ON BEHALF OF, THE THIRD PARTY THAT OPERATES THE RELEVANT THIRD-PARTY SITE.

  1. Pennyguard's Non-Financial Services Disclaimer

Pennyguard IS NOT a payment service. It HAS NO capability to initiate, and DOES NOT seek authorization to initiate, ACH (Automated Clearing House) debits or credits or any other electronic payments from your bank accounts. The App exists solely for tracking and management purposes; it does not process transactions.

Pennyguard DOES NOT process, DOES NOT store and DOES NOT ask for your credit or debit card details. All payment-related data is entered by you manually and is never transmitted to us.

Pennyguard DOES NOT offer or provide savings plans, investment products or financial services of any kind. The App is a subscription-tracking tool, not a savings or investment platform.

  1. Pennyguard Subscription Cancellation

Pennyguard offers a service for cancelling subscriptions (the "Cancellation Service"), delivered through third-party partners. When you use this feature, you authorize Pennyguard to act on your behalf in cancelling the subscription services you select with the relevant subscription providers.

Before the Cancellation Service can be activated, you must supply all of the information required, including your full name, home address, email address and telephone number. Depending on the subscription provider concerned, further details may be needed, such as the last four digits of the payment card used for the subscription or other information necessary to verify your account. You agree that Pennyguard may keep this data in a secure manner so that future cancellations can be processed without you having to enter the same information again.

You acknowledge that Pennyguard bears no responsibility for the policies, processing times or actions of third-party subscription providers. How effective a cancellation request is, and how long it takes, may differ according to each provider's own procedures.

By going ahead with the Cancellation Service, you confirm that you are the authorized holder of the relevant account or otherwise have the rights needed to cancel the subscriptions in question, and that every piece of information you provide is accurate and current.

  1. Pennyguard Bill Negotiation

Pennyguard provides an optional service for negotiating subscription bills (the "Bill Negotiation"), through which users can ask for the price of their active subscriptions to be reduced. The Bill Negotiation is performed by a third party, The Bill Reduction Company, LLC ("Billshark"). In order to use Bill Negotiation you will have to confirm or supply certain personal, account and payment details, and you authorize us to pass that information to Billshark so that Billshark can carry out the Bill Negotiation and process your payment.

By requesting a Bill Negotiation, you authorize Billshark, acting as your limited agent, to contact your subscription provider (the "Provider") for the sole purpose of negotiating on your behalf. Where a Provider does not permit communication with third parties, you consent to Billshark's agents presenting themselves as the account holder solely in order to complete the negotiation you have authorized. Your use of Bill Negotiation also means that you accept Billshark's Customer Agreement in addition to our Terms. You further consent to Billshark making changes to your Provider accounts in order to lower your bill, provided that those changes neither reduce the features or quality of the products you receive from that Provider nor extend the term of any contract without your express consent. Please read Billshark's Customer Agreement carefully before you use Bill Negotiation.

To start a Bill Negotiation, you must give us the information we need in order to perform the Services, including your name, address, email address and telephone number. If your Provider requires it, we may ask for additional details, which may include: the name of the account holder; your own name and your relationship to the account holder (if you are not the same person); the Provider's name; the password, PIN or other security credentials needed to access the account; and any other specific information your Provider requires before we can make changes to your account. You also agree to supply a copy of the account's current monthly billing statement showing the products and features you receive and the amounts charged to you. You may do this either by uploading a photograph of the bill or by allowing Pennyguard to access your online bill through a third-party provider.

This information is shared with Billshark strictly for the purpose of providing the Services you have requested and is processed in accordance with our Privacy Policy and with Billshark's Privacy Policy. Once the information has been submitted, Billshark will evaluate whether a discount is achievable using its proprietary success-rate estimates and, where appropriate, will open negotiations. We may, at our sole discretion, refuse to provide the requested Bill Negotiation on the basis of the information provided. Although we may send you communications about Bill Negotiation on Billshark's behalf (for example, status updates or billing statements), it is Billshark that provides the Bill Negotiation services and handles all billing and payment processing connected with them.

You acknowledge that a price reduction is never guaranteed and depends on how negotiations with each provider turn out. Every negotiation that is attempted counts as one bill negotiation attempt, whatever its outcome.

If a negotiation succeeds and a discount is obtained, Pennyguard will charge you a fee (the "Negotiation Fee") calculated as a percentage of the projected annual savings generated by the negotiated discount (for example, if your subscription drops from $100 to $80 per year and the Negotiation Fee is 30%, you would be charged $6). By submitting a negotiation request, you accept the applicable Negotiation Fee and authorize Pennyguard to charge it to the payment method you have selected. The precise amount of the savings and the resulting fee will be shown to you for review and acceptance before the charge is finalized. We may receive a fee from Billshark in connection with your use of Bill Negotiation.

Pennyguard may allow users to purchase a fixed number of negotiation attempts. You acknowledge that some attempts may fail to produce a discount, whether because the likelihood of success is low or because the provider is ineligible. The Negotiation Fee cannot be refunded, except where an error was made in the course of the Bill Negotiation or where applicable law requires otherwise.

By using the Bill Negotiation services, you represent and warrant that you are at least 18 years old and have full authority to act with respect to the relevant subscriptions. You further acknowledge and agree that the service is supplied "as is", that Pennyguard does not guarantee any result, and that it accepts no liability for outcomes that lie beyond its reasonable control.

  1. Intellectual Property Rights

The App, together with its original content, features and functionality, is and shall remain the exclusive property of Pennyguard Ltd. and its licensors. It is protected by the copyright, trademark and other laws of the Republic of Cyprus and of other countries. Our trademarks and trade dress may not be used in connection with any product or service unless Pennyguard Ltd. has given its prior written consent.

The Services include content of many kinds, such as text, software, scripts, graphics, data, images, sounds, music, videos, interactive features and other materials (together, the "Content"). Every trademark, service mark and logo appearing in the Services is either owned by, or licensed to, Pennyguard Ltd.. Whether protected by copyright, trademark or otherwise, the Content is made available to you solely for your personal, non-commercial use in accordance with these Terms.

You undertake to comply with all copyright notices, trademark rules, information and restrictions contained in any Content you access via the Services. You agree that you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit any Content that you do not own (i) without the prior written consent of that Content's owner, or (ii) in any way that infringes the rights of another person (including Pennyguard Ltd.).

You acknowledge that the Services belong to Pennyguard Ltd.. You agree not to modify, publish, transmit, take part in the transfer or sale of, reproduce, create derivative works from, or otherwise exploit any part of the Services.

  1. User Generated Content

While using the Services you may post or upload text and other material ("User Submissions"), which we may use in connection with the Services and which may be visible to certain other users (for example, if sharing features are introduced). By submitting User Submissions you grant us a worldwide, perpetual, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works from, display and publicly perform those User Submissions in connection with the Services. That license extends, without limitation, to promoting and redistributing User Submissions across a range of media platforms. Depending on your settings and on the policies of the relevant third-party networks, User Submissions may also be seen and shared by others, including on external platforms.

Any feedback, comments or suggestions you give us about the Services ("Feedback") become the sole and exclusive property of Pennyguard Ltd., and you irrevocably assign to us all rights, title and interest in that Feedback.

When you make User Submissions, you agree not to upload material that infringes intellectual property, privacy, confidentiality or publicity rights, or content that is false, misleading, unlawful, obscene, defamatory, threatening, harassing, hateful or otherwise inappropriate. You also agree not to post advertisements, spam or chain letters, and not to impersonate anyone else.

Pennyguard Ltd. neither endorses nor accepts responsibility for any User Submissions and expressly disclaims all liability arising from them. We reserve the right to decide, at our sole discretion, whether any User Submission breaches these Terms. Pennyguard Ltd. may remove such content at its sole discretion and may suspend or terminate your access to the Services without prior notice if you breach these Terms. We will cooperate with law enforcement authorities and with legal requests to identify users who breach applicable law or these Terms through the User Submissions they post.

  1. Access and Interference

You agree that you will not:

  • use any robot, spider, scraper or other automated means to access the App for any purpose without our express written permission;
  • interfere, or try to interfere, with the proper functioning of the App;
  • circumvent any measures we may employ to prevent or restrict access to the App;
  • decipher, decompile, disassemble or reverse engineer any of the software that constitutes, or in any way forms part of, the Services.
  1. Social Media Sites

Pennyguard Ltd. may operate pages or profiles on social media platforms. Those platforms have their own terms of use and privacy policies, which govern your use of them. Any interaction you have with us through social media is also subject to these Terms.

  1. Disclaimer of Representations and Warranties

Pennyguard Ltd. does not promise that access to the Services will be continuous or uninterrupted. Numerous factors outside our control, including network congestion, service outages, failures of third-party systems and unforeseen technical problems, may affect the availability and performance of the Services.

We cannot and do not guarantee that your use of the Services will be free of errors, interruptions, viruses or other harmful code. It is your sole responsibility to put appropriate security measures in place, such as keeping your antivirus software up to date and backing up your data. To the fullest extent permitted by law, Pennyguard Ltd. shall not be liable for any loss or damage caused by distributed denial-of-service (DDoS) attacks, malware, viruses or other harmful technology that may infect your device, software or data as a result of your accessing or using the Services, including any downloads or links made available within the platform.

The App is supplied on an "AS IS" and "AS AVAILABLE" basis. Pennyguard and its creators cannot be held responsible for succeeding or failing to notify users of upcoming or overdue subscription payments. Nor can Pennyguard and its creators be held responsible for any inaccurate user data entered into the App. Data generated by users and entered into Pennyguard is neither stored on a server nor distributed; it is kept exclusively on the user's Apple device, although it will form part of any iCloud backup.

To the fullest extent permitted by law, Pennyguard Ltd. expressly disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to implied warranties of merchantability, non-infringement and fitness for a particular purpose. We do not warrant that the platform will run without errors or interruptions or that it will satisfy your particular needs or expectations. Nothing in this section affects any warranty that cannot be excluded or limited under applicable law.

  1. Limitations On Pennyguard's Liability

To the maximum extent permitted by applicable law, neither Pennyguard Ltd. nor its affiliates, directors, employees, agents, suppliers or licensors shall in any circumstances be liable for indirect, incidental, special, consequential or punitive damages, including without limitation loss of profits, data, use or goodwill, or other intangible losses, arising from (i) your access to or use of the App, or your inability to access or use it; (ii) any content obtained from the App; or (iii) unauthorized access to, use of or alteration of your transmissions or content. This applies whether the claim is based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we were told that such damage was possible, and even if a remedy provided for in these Terms is held to have failed of its essential purpose.

Some jurisdictions do not permit certain exclusions or limitations of liability, so some or all of the limitations above may not apply to you. If you are unhappy with any part of the Services or content, or with any provision of these Terms, your sole and exclusive remedy is to stop using the Services. Under no circumstances shall the total aggregate liability of Pennyguard Ltd. arising out of or relating to these Terms, or to the use of or inability to use the Services, exceed one hundred US dollars (USD 100). These limitations and exclusions of liability are a fundamental part of the agreement between you and Pennyguard Ltd..

  1. Your Indemnification Of Pennyguard Ltd.

You agree to defend, indemnify and hold harmless Pennyguard Ltd. and its affiliates, officers, directors, employees and agents against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, without limitation, attorneys' fees) that arise from: (i) your use of or access to the Services or the Content; (ii) your breach of these Terms; (iii) your infringement of any third party's rights, including but not limited to copyright, property, privacy or confidentiality rights; or (iv) any claim that your User Submissions caused harm or damage to a third party. This indemnity survives the termination of these Terms as well as your continued use of the Services and the Content.

  1. Ending Your Relationship With Pennyguard Ltd.

We may suspend or terminate your access to the App at once, without prior notice or liability, for any reason at all, including without limitation where you breach these Terms, act fraudulently or improperly, or breach any applicable policy, in every case at our sole discretion and without advance notice. Suspension, termination or cancellation does not release you from your obligations under these Terms, including those concerning indemnification and limitation of liability, which continue to apply after the App is terminated. On termination, every license and right granted to you under these Terms ends immediately. Pennyguard Ltd. shall not be liable for any loss resulting from termination or restriction of the App. If the App remains unused on your device for a prolonged period, Pennyguard Ltd. may, at its sole discretion and without notice, treat the App as inactive.

Subscription Cancellation Instructions

Cancelling your trial or subscription switches off automatic renewal, but you keep access to all of your subscription features until the end of the then-current period. Please note that deleting the app does not cancel your subscriptions.

If You Purchased a Subscription on App Store:

You may cancel your subscription at any time by turning off auto-renewal in your Apple ID account settings. To avoid being charged, do so at least 24 hours before the then-current subscription period ends. Only you can manage your subscriptions. Apple's support page explains more about managing subscriptions and how to cancel them.

If You Purchased a Subscription on Google Play:

You may cancel your subscription at any time by turning off auto-renewal in your Google Play account settings. To avoid being charged, do so at least 24 hours before the current subscription period ends. Only you can manage your subscriptions. Google's support page explains more about managing subscriptions and how to cancel them.

If You Purchased a Subscription on Our Website:

To avoid being charged, cancel your subscription before the then-current period ends. A subscription bought on our website can be cancelled from your profile. The ways to start cancelling a web subscription are set out below:

If you have an iOS device:

  • Open the Pennyguard app, go to your profile and choose Manage subscription.
  • You will be taken to the subscription settings, where you can switch the subscription off.

If you have an Android device:

  • Open the Pennyguard app, go to your profile and choose Cancel subscription.
  • You will be taken to the subscription settings, where you can switch the subscription off.
  1. Modifications

We may revise these Terms from time to time, for instance to reflect changes in the law or in how we run our business. Where a change to the Services or to these Terms is material and adverse to you, we will give you 30 (thirty) days' advance notice. Unless mandatory law provides otherwise, all other changes take effect as soon as they are posted with an updated "Last Revision" date, and no further notice will be given. Continuing to use our Services after a change has been made means that you accept it. If we notify you of a material change, you will have 30 (thirty) days from the date of that notice to object or to opt out of the Services by giving us written notice; if you do not object or opt out within that period, you will be treated as having accepted the change.

  1. Informal Dispute Resolution Procedures

PLEASE READ THIS SECTION CAREFULLY AND MAKE SURE YOU UNDERSTAND IT. IT DETERMINES HOW DISPUTES BETWEEN YOU AND THE COMPANY WILL BE HANDLED.

BY ACCEPTING THIS SECTION, YOU GIVE UP YOUR RIGHT TO TAKE PART IN A CLASS ACTION LAWSUIT AND YOUR RIGHT TO A TRIAL BY JURY.

YOU ALSO AGREE THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING ARBITRATION, UNLESS YOU EXERCISE YOUR RIGHT TO REJECT ARBITRATION AS DESCRIBED BELOW.

You and Pennyguard Ltd. ("we" or the "Company") agree that all Disputes (including any related disputes involving the Company, its subsidiaries or its affiliates) will be resolved through binding arbitration as described below, with two exceptions: (i) claims that fall within the jurisdiction of a small claims court, provided they are not class action disputes and satisfy that court's jurisdictional and monetary limits; and (ii) disputes concerning intellectual property rights. A "Dispute" is any claim, controversy or legal action between you and the Company relating to the Website, the Services or this agreement (the "Arbitration Agreement"), whether it arises from past, present or future events and whether it is based on contract, tort, statute or common law. "Dispute" also covers disagreements about the interpretation, applicability or enforceability of these terms or about the formation of this Arbitration Agreement, including whether any part of it is invalid or unenforceable.

Mandatory Pre-Filing Notice Procedure

You and we agree that informal, good-faith attempts to resolve disputes frequently produce a quicker and less expensive result. Accordingly, before you assert a claim in respect of any Dispute (as defined above) against the Company, you must first send the Company written notice of the Dispute (a "Notice") giving the Company basic information about you and the Dispute. Every Notice must contain (i) your name, address and email address; (ii) a detailed description of your Dispute; (iii) any relevant facts about your use of the Website and the Service (including your account ID, screenshots of your profile and anything else that will help us to identify your account); (iv) a detailed description of the relief you are seeking, including a calculation of any monetary damages claimed; and (v) a statement, signed personally by you (and not by your attorney), confirming that the information in the Notice is accurate. The Notice must be individualized: it may concern your dispute only and not that of anyone else. If you are completing a Notice on behalf of another person, you must include all of the information listed above together with a statement explaining your relationship to that person and why they are unable to complete the Notice themselves.

The Notice must be sent to the Company at the following address:

[NOTICE ADDRESS]

Attention: Legal

If we need to send a Notice to you, we will use the contact details we hold for you, which may include, where applicable, the contact details linked to your account.

Once a Notice has been received, you and we agree to make good-faith efforts, through informal negotiation, to resolve the Dispute over a period of 60 days. That period may be extended if you and we agree that an extension is likely to lead to a resolution. As part of the informal negotiation, you and we each agree to attend at least one individualized video conference (the "Video Conference"). The Video Conference may take place via Zoom, Microsoft Teams, WhatsApp or any similar platform that you and we agree on and both have access to, and it may be held after the 60-day period if necessary. If you have an attorney acting for you in the Dispute, your attorney may join the Video Conference, but you must still attend and take part in good faith. The Company is likewise obliged to take part in the Video Conference through one or more of its representatives and may also be accompanied by one or more of its attorneys. If you cannot participate by video, you may take part by telephone provided that you certify in writing that circumstances prevent you from appearing on video (for example, because you have no access to a phone with a working camera or cannot obtain a stable internet connection). You and we agree that we (and our respective attorneys, where instructed) will work together to schedule the Video Conference for the earliest mutually convenient time after a Notice is received, and that we will each use our best efforts to resolve the Dispute at the Video Conference. If the matters raised in the Notice have not been resolved within 60 days of receipt of a completed Notice (or such longer period as may be agreed), either you or we may begin arbitration or bring proceedings in a small claims court.

Compliance with these Informal Dispute Resolution Procedures is mandatory, and the Pre-Filing Notice procedures (including the Video Conference requirement) are a condition precedent to starting any arbitration or small claims court action. Failing to follow them constitutes a breach of this Arbitration Agreement.

The Mandatory Pre-Filing Notice procedures are essential in giving you and the Company a real opportunity to resolve Disputes in an inexpensive and efficient way. Unless applicable law prohibits it, the arbitration provider shall not accept or administer any demand for arbitration unless the party making the demand certifies in writing that the Mandatory Pre-Filing Notice procedures (including the Video Conference requirement) have been fully complied with. If the party filing the demand does not enclose a written certification that the Pre-Filing Notice procedures (including the Video Conference) were completed, the arbitration forum shall administratively close the demand and the responding party shall owe no fees. A court of competent jurisdiction shall have the power to enforce this provision and to enjoin any arbitration or small claims court proceeding accordingly.

Every offer, promise, statement and item of conduct made in the course of the Mandatory Pre-Filing Notice process by any party or its agents, employees or attorneys is confidential and may not be used as evidence for any purpose in any later proceeding (other than to certify in writing that the Mandatory Pre-Filing Notice procedures were completed before a demand for arbitration was submitted). Evidence that would otherwise be admissible or discoverable does not become inadmissible or non-discoverable by virtue of this section.

Small Claims Court

Subject to the applicable jurisdictional requirements and to the Mandatory Pre-Filing Notice requirements described above, either you or the Company may choose to bring a Dispute in a local small claims court instead of arbitration, provided that the matter stays in small claims court and is pursued on an individual basis only. Where one party has already filed an arbitration demand, the other party may, at its sole discretion, notify the arbitral forum that it elects to have the Dispute decided in small claims court. The arbitral forum will then administratively close the arbitration and the Dispute will be heard by the appropriate small claims court, with no fees payable by the arbitration respondent.

What is Arbitration?

Arbitration is a less formal way of settling our differences than a lawsuit in court. It relies on a neutral arbitrator instead of a judge or jury, involves narrower discovery and is open to only very limited review by the courts. Despite its informality, an arbitrator can award some of the same individualized damages and relief that a court could. What an arbitrator cannot do is order a party to do something or to refrain from doing something, which is known as "equitable relief". Either you or we may apply to a court for equitable relief, including by moving to compel the other party to comply with this Arbitration Agreement; however, you and we agree that the only courts in which we will seek equitable relief are the state and federal courts located in Delaware. This carve-out for equitable relief does not amount to a waiver of this Arbitration Agreement. You and we agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of this section. A court of competent jurisdiction has exclusive authority to decide any dispute about the interpretation, applicability or enforceability of this binding arbitration agreement. This arbitration provision survives the termination of these terms and the closure of your account.

CLASS ACTION AND JURY TRIAL WAIVER

TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND THE COMPANY EACH GIVE UP THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT, IN FAVOR OF ARBITRATION (OTHER THAN THE SMALL CLAIMS COURT OPTION DESCRIBED ABOVE). YOU AND THE COMPANY EACH ALSO GIVE UP THE RIGHT TO BRING OR JOIN A CLASS ACTION LAWSUIT AGAINST THE OTHER, INCLUDING ANY CLASS ACTION AGAINST THE COMPANY THAT IS CURRENTLY PENDING. TO THE FULLEST EXTENT THE LAW ALLOWS, NO CLAIM MAY BE LITIGATED IN COURT ON A CLASS, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED BASIS.

SAVE FOR THE MASS FILING PROCEDURES SET OUT BELOW, YOU AND WE AGREE THAT:

  • THE ARBITRATOR MAY GRANT FINAL RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING IT, AND ONLY TO THE EXTENT REQUIRED TO PROVIDE THE FINAL RELIEF THAT PARTY'S OWN CLAIM JUSTIFIES;
  • THE ARBITRATOR MAY NOT GRANT FINAL RELIEF FOR, AGAINST OR ON BEHALF OF ANY PERSON WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS.

IF A COURT RULES THAT ANY OF THE PROHIBITIONS IN THIS PARAGRAPH CANNOT BE ENFORCED IN RELATION TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, AND THAT RULING IS UPHELD ON ALL APPEALS AND BECOMES FINAL, THEN YOU AND THE COMPANY AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF WILL PROCEED IN COURT BUT WILL BE STAYED UNTIL THE REMAINING CLAIMS YOU HAVE BROUGHT HAVE BEEN INDIVIDUALLY ARBITRATED. IF THIS SPECIFIC PARAGRAPH IS HELD TO BE UNENFORCEABLE, THE WHOLE OF THIS ARBITRATION PROVISION (OTHER THAN THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCEDURE) SHALL BE NULL AND VOID.

Arbitration Procedure

The arbitration shall be governed by the applicable rules of National Arbitration & Mediation ("NAM"), including, as applicable, the Comprehensive Dispute Resolution Rules and Procedures and the Supplemental Rules for Mass Arbitration Filings (the "NAM Rules"), as modified by this Arbitration Agreement, and shall be administered by NAM. The NAM Rules can be found online at www.namadr.com or obtained by written request sent to the Notice address given above. A form for commencing arbitration with NAM is available at https://www.namadr.com/content/uploads/2024/03/Comprehensive-Demand-for-Arb-revised-3.21.2024.pdf or by contacting NAM.

Should NAM be unavailable or unwilling to administer the arbitration, the parties shall select another arbitration provider to do so; if the parties cannot agree on an alternative administrator, one shall be appointed by the court pursuant to 9 U.S.C. §5.

You and we agree that the party commencing arbitration must enclose with its demand for arbitration a written certification that it has complied with and completed the Mandatory Pre-Filing Notice and Informal Dispute Resolution Procedures. Both the demand for arbitration and the certification must be personally signed by the party commencing arbitration (and by its attorney, if it is represented).

The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed remotely in accordance with the NAM Rules, as modified by this Arbitration Agreement. To streamline the process and reduce the parties' costs and burdens, you and the Company agree to the following rules: (i) the arbitration will take place online and/or be decided solely on written submissions, the precise method to be chosen by the party commencing the arbitration; (ii) no personal appearance by the parties or witnesses will be required unless the parties agree otherwise in writing or the arbitrator decides that a formal hearing is needed; and (iii) judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

If an in-person hearing is required and you live in the United States, it will be held in Delaware, unless the arbitrator finds that this would cause you hardship, in which case the in-person hearing may be held in the state and county where the claimant resides. If you live outside the United States, the venue of any in-person hearing will be determined under the NAM Rules.

The arbitrator's award will be in writing and will set out the reasons for the decision on each claim. In conducting the arbitration, the arbitrator will apply the laws of the State of Florida. You acknowledge that these terms and your use of the Service evidence a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement and conduct of the proceedings.

The arbitrator is bound by, and must adhere to, this Arbitration Agreement. Where the NAM Rules conflict with this Arbitration Agreement, this Arbitration Agreement prevails. If the arbitrator finds that strictly applying any term of this Arbitration Agreement would make the arbitration fundamentally unfair, the arbitrator may modify that term to the extent needed to secure a fundamentally fair arbitration that remains consistent with the efficient and inexpensive resolution of Disputes.

Unless you and the Company agree otherwise, the arbitration will be held virtually, by video or teleconference.

Decision of the Arbitrator

Save in extraordinary circumstances, the arbitrator will deliver a decision within 120 days of being appointed, and may extend that deadline by a further 30 days where the interests of justice require. All arbitration proceedings are closed to the public and confidential, and all related records will be permanently sealed except to the extent needed to obtain court confirmation of the award. The arbitrator's award will be in writing and will include the reasons for the decision on each claim.

The award binds only you and the Company and has no preclusive effect in any other arbitration or proceeding involving a different party.

Fees

The payment of arbitration fees (the fees charged by the arbitration administrator, including filing, arbitrator and hearing fees) is governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law. If, once all potentially available fee waivers have been exhausted, the arbitrator concludes that the arbitration fees would be prohibitive for you compared with the cost of litigation, we will pay as much of your filing, arbitrator and hearing fees as the arbitrator considers necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator finds that your claim(s) were frivolous, brought for an improper purpose or made in bad faith.

You and we agree that arbitration should be cost-effective for everyone involved and that either party may approach NAM about reducing or deferring fees.

Confidentiality

At the request of either you or us, the arbitrator will issue an order providing that confidential information disclosed by either party during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or with proceedings to enforce the award, and that any permitted court filing containing confidential information must be made under seal.

Settlement Offers and Offers of Judgment

No later than ten (10) calendar days before the date fixed for the arbitration hearing, either you or the Company may serve on the other a written offer of judgment allowing judgment to be entered on specified terms. If the offer is accepted, it shall be submitted, together with proof of acceptance, to the arbitration provider, which shall enter judgment accordingly. If the offer is not accepted before the arbitration hearing or within thirty (30) calendar days of being made, whichever comes first, it is deemed withdrawn and may not be put in evidence in the arbitration. If a party declines an offer made by the other party and then fails to obtain a more favorable award, that party shall not recover its post-offer costs and shall pay the offering party's costs incurred from the time of the offer (which, solely for the purposes of offers of judgment, may include reasonable attorneys' fees to the extent they are recoverable by statute, capped at the amount of damages awarded).

The parties agree that any dispute about settlement offers or offers of judgment in a Mass Filing is to be decided by a single arbitrator, to the extent the offers share the same material terms. In arbitrations involving represented parties, the attorneys for those parties agree to convey each individual settlement offer or offer of judgment to every arbitration claimant or respondent to whom it is addressed.

Additional Procedures for Mass Arbitration Filings

The provisions below set out further procedures that apply to mass arbitration filings. Where ten (10) or more similar claims are brought against the Company by the same or coordinated attorneys, or are otherwise coordinated, in line with the definition and criteria for "Mass Filings" in the NAM Rules, you and we acknowledge and agree that these additional procedures will apply and that the resolution of your dispute may be delayed. You and we agree that throughout this process our attorneys will meet and confer about adapting these procedures to the specific needs of the Mass Filing. You and we agree to make every reasonable effort to maximize the integrity and efficiency of arbitration as a means of resolving Disputes between us, especially those involving Mass Filings, and we each undertake to follow the procedures in this section in good faith. The parties further agree that these Mass Filing procedures have been reasonably designed to produce an efficient and fair adjudication of claims.

Bellwether Arbitrations for Mass Filings. Courts and arbitration administrators encourage bellwether proceedings where there are many disputes involving similar claims against the same or related parties. The parties shall choose ten individual arbitration claims (five per side) to serve as the "Initial Test Cases" and to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator; all other claims shall be held in abeyance. Consequently, filing fees will be paid only for the Initial Test Cases; for every other demand for arbitration in a Mass Filing, the filing fees (and any consideration of those demands by an arbitrator) will be held in abeyance, and neither you nor the Company will have to pay them. You and the Company also agree that neither of us will be treated as being in breach of this Arbitration Agreement for not paying such filing fees, and that neither of us will be entitled to any contractual, statutory or other remedy, damages or sanction of any kind for non-payment of such fees. If, under this subsection, a party files non-bellwether arbitrations with the arbitration provider, the parties agree that the provider shall hold those demands in abeyance and shall not refer them to the arbitrator until the Initial Test Cases have been resolved. Unless the claims are settled earlier or the timetable is extended, the arbitrators will issue a final award in the Initial Test Cases within 120 days of the initial pre-hearing conference.

Global Mediation in Mass Filings. Once the Initial Test Cases have been resolved, the parties agree to take part in a global mediation of all remaining individual arbitration claims that make up the Mass Filing (the "Global Mediation"), with any filing costs relating to the non-Initial Test Cases deferred until the Initial Test Cases and the ensuing Global Mediation have concluded. After the final awards in the Initial Test Cases have been provided to the mediator, the mediator and the parties will have 90 days to agree on a substantive methodology and to make an offer to resolve the outstanding cases. If the parties cannot resolve the outstanding claims through the Global Mediation, they may elect to opt out of arbitration and pursue the remaining claims in court. Notice of such an opt-out must be given in writing within 60 days after the Global Mediation closes. If no opt-out notice is given, the arbitrations may then be filed with, and administered by, the arbitration provider. You and we also acknowledge that any applicable statute of limitations is tolled while the global mediation process is pending.

Severability. If any part of this Mass Arbitration provision is held to be invalid, void or unenforceable, that part shall be severed from the Arbitration Agreement without affecting the validity or enforceability of its remaining provisions.

Opting Out of this Arbitration Agreement

Opting out: You may opt out of this Arbitration Agreement by sending written notice of your decision to support@pennyguard.com within 30 days after your first use of the Services. Your notice must state:

  • your name;
  • your username (if you have one);
  • the email address you used to set up your account; and
  • an unambiguous statement that you wish to opt out of this Arbitration Agreement.

If you opt out of this Arbitration Agreement, every other part of the terms, and any other agreement between you and the Company, continues to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreement you currently have, or may later enter into, with us.

Arbitration Agreement Survival. This Arbitration Agreement survives the end of your relationship with the Company, including any withdrawal of consent or any other step you take to stop using the Services or to cease communicating with the Company.

Severability. If any part of this Arbitration Agreement is found to be void, invalid or otherwise unenforceable, that part shall be treated as severable and, where possible, replaced by a valid and enforceable provision (or part of one) that reflects the intent of the original as closely as possible. The rest of this Arbitration Agreement shall remain valid and enforceable in accordance with its terms.

Governing Law

This Agreement and your use of the Services are governed by the laws of Cyprus, without regard to its conflict-of-laws rules. Your use of the Services may also be subject to other local, state, national or international laws. To the extent that any action concerning a dispute under these Terms is brought before a court, it shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware; you irrevocably submit to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.

If you are a consumer based in the EEA, the UK or Switzerland: nothing in these Terms deprives you of the protection given to consumers by the mandatory laws of the country in which you live. If you have a complaint, please contact us at support@pennyguard.com. You may bring any dispute arising under these Terms before the competent court of the country in which you habitually reside, if that country is in the EEA, and those courts, to the exclusion of any other, are competent to decide any such dispute. The Company shall bring any dispute arising under these Terms before the competent court of the country in which you habitually reside.

  1. Allegations Of Copyright And Trademark Infringements; Notification

Pennyguard Ltd. respects the intellectual property rights of others and expects every user of the Services to do likewise. It is our policy to respond promptly to claims of copyright infringement and to take appropriate action where necessary. If you believe that your copyrighted work has been copied and made available through the Services in a way that infringes your copyright, you may send our Designated Agent a written notice containing:

(i) your electronic or physical signature, or that of a person authorized to act on your behalf; (ii) identification of the copyrighted work you claim has been infringed; (iii) identification of the allegedly infringing material, with enough detail to enable Pennyguard Ltd. to find it (such as a full URL or a description); (iv) your name, address, telephone number and email address; (v) a statement that you believe in good faith that the use of the material is not authorized by the copyright owner, its agent or the law; and (vi) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.

If you believe that your content was removed, or access to it was disabled, by mistake, and that you are entitled to use the material under copyright law or with the copyright owner's authorization, you may send our Designated Agent a counter-notice containing:

(i) your physical or electronic signature; (ii) identification of the material that was removed or disabled and where it appeared before removal; (iii) a statement that you believe in good faith that the material was removed or disabled as a result of a mistake or misidentification; (iv) your name, address, telephone number and email address, together with a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located or, if you are outside the Republic of Cyprus, of any judicial district in which Pennyguard Ltd. operates; and (v) a statement that you will accept service of process from the party that made the original complaint.

On receiving a valid counter-notice, Pennyguard Ltd. will forward a copy to the original complainant and inform them that the removed content may be reinstated, or access to it restored, within ten (10) to fourteen (14) business days unless the copyright owner brings a court action to prevent reinstatement. Pennyguard Ltd. reserves the right to decide, at its sole discretion, whether to restore the content.

Designated Agent: Pennyguard Ltd., 2 Grammou Street, Paphos, 8025, Cyprus. Email: support@pennyguard.com (Subject: "Copyright Inquiry").

  1. SMS and Text Communications

Because Pennyguard stores its data locally, it does not currently send SMS messages. If we later introduce features that involve SMS or text communications (for example, optional notifications), we will obtain your consent first and give you clear instructions for opting out (such as replying "STOP"). Standard carrier rates may apply.

  1. Communications and Information Use

By using the Services you consent to the collection, use and disclosure of your personal information in the manner described in our Privacy Policy. For the most part, this information is supplied directly by you and kept locally on your device.

You acknowledge that Pennyguard Ltd. may engage third-party service providers (for example, for analytics, crash reporting or push notifications) to help it deliver its services. Where relevant, your data may be shared with or processed by those providers, but only to the extent necessary to deliver core functionality. Sensitive data, such as financial details, is processed securely on your device and is not sent to us.

For more information about how your data is collected, used and protected, please consult our Privacy Policy.

  1. Assignment

We reserve the right to assign or transfer our rights and obligations under these Terms. These Terms are personal to you; accordingly, you may not assign or transfer any of your rights or obligations under them without the written consent of Pennyguard Ltd.. These Terms create no third-party beneficiaries.

  1. Miscellaneous

If a court of competent jurisdiction finds any provision of these Terms to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect. Wherever possible, the invalid or unenforceable provision will be amended or replaced by a valid and enforceable term that reflects the original intent as closely as possible.

If Pennyguard Ltd. does not enforce a provision of these Terms, that shall not be taken as a waiver of our right to enforce that provision, or any other provision, at a later time. Likewise, waiving a particular breach or violation shall not be read as waiving any later breach or violation.

These Terms, together with any policies and legal notices referred to in them and published within the Services, make up the entire agreement between you and Pennyguard Ltd. concerning your use of the Services. This Agreement replaces all earlier and contemporaneous understandings and agreements, whether written or oral, unless Pennyguard Ltd. expressly states otherwise.

  1. General refund rules

As a rule, payments are neither refundable nor exchangeable unless the law requires otherwise. That said, we may review and grant particular refund requests on a case-by-case basis, at our sole discretion.

A refund can ordinarily be requested only while the subscription period is running. If the subscription period has already ended when you make your request, we will be unable to issue a refund.

  1. Contact Information

If you have questions, comments or concerns about these Terms, or need help with your App, please contact our Customer Support Team at support@pennyguard.com.

Contact Us


Pennyguard Ltd.

Registered address: 2 Grammou Street, Paphos, 8025, Cyprus

Registration number: HE 498282

Email: support@pennyguard.com

© Pennyguard Ltd. 2026. All rights reserved.