These Terms and Conditions, together with our Terms of Use, Jurisdiction Specific Terms, Product Specific Terms, Pricing Page, Cookie Statement and Privacy Statement apply to the provision of Subscription Services via our Platform, as defined herein below.

1 Definitions and interpretation

1.1 The following definitions and rules of interpretation in this clause apply in these Terms and Conditions:

Account: the entity created by a User upon registration to access and use the Platform and Subscription Service(s). An Account contains the settings, content and data associated with the Client’s use of the Platform;

Admin User: a User with administrative privileges within an Account, authorised to manage Account settings, manage other Users and enter into and manage the Agreement on behalf of the Client;

Agreement: the contractual relationship established between the Client and Piggy, which is governed by these Terms and Conditions, under which Piggy will provide Subscription Services to the Client;

Client: the natural or legal person that registers for and owns an Account on the Platform and/or orders a Subscription Service. Actions taken by Users on behalf of the Account are deemed to be actions of the Client;

User: the natural person authorised by the Client to access and manage the Account, Platform and/or Subscription Service(s) on behalf of the Client;

End User: an individual who interacts with the Platform through applications and tools provided by the Client. End Users are not parties to the Agreement. 

Intellectual Property Rights: any and all present and future (worldwide) intellectual property rights that may reside in, be contained in, arise from or relate to the Subscription Services and/or the Platform, whether or not disclosed, including but not limited to copyrights (including all disclosure and reproduction rights), trademarks, designs, patents, know-how, domain names, trade names, neighbouring rights, trade secrets, methods and database rights, rights to use the name Piggy, including grants and renewals of such rights and all equivalent rights or forms of protection that exist or will arise, whether registered, filed, submitted or applied for that may reside in, be contained in or arising from the Subscription Services and the Platform;

Order Form: the (online) form provided by Piggy to the Client to subscribe for one or more Subscription Services 

Parties: the Client and Piggy, each individually or together;

Piggy: entity as specified in our Jurisdiction Specific Terms.

Platform: the platform(s), which is software provided by Piggy as a service, through the (web)application of Piggy, excluding any integrations between the Platform and third-party software;

Subscription Service(s): the products and services to be provided by or on behalf of Piggy as described in the Order Form, including but not limited to the use of the Platform by the Client, User and End User;

Terms and Conditions: these general terms and conditions, of which the latest applicable version is published on the Website;

Website: https://www.piggy.eu or any other website of Piggy that provides access to the Platform and the Subscription Services.


1.2  Unless expressly stated otherwise in these Terms and Conditions:
a.        words in the singular include the plural and in the plural include the singular;
b.        references to clauses are references to the clauses of the Terms and Conditions.

1.3 Leat’s rights and remedies as set out in these Terms and Conditions are in addition to its other rights and remedies pursuant to the applicable law and the Agreement.

2 Applicability

2.1 These Terms and Conditions form an integral part of the Agreement and apply to all requests, offers and quotations made by Piggy to a third party in respect of the performance of the Subscription Services. By agreeing to the Order Form, the Client accepts and agrees to be bound by these Terms and Conditions.

2.2 The person entering into the Agreement with Piggy, will be considered to have the authority to act on behalf of the Client, whether as employee or other authorized party, and will be responsible for any use of the Account provided by Piggy in connection with the Subscription Service. The person entering into the Agreement represents and warrants to have the full power and authority to enter into this Agreement on behalf of the Client.

2.3 The Client must be at least eighteen (18) years of age or legally competent to enter into contracts under the laws of the jurisdiction in which the Client resides in order to register an Account on the Website and to order a Subscription Service.

3 Provision of the Platform and the Subscription Services

3.1 Under the Agreement, Piggy will provide various Subscription Services to the Client, including the use of the Platform by the Client and End User. The specific Subscription Services to be provided to the Client will be described in the Order Form.

3.2 As soon as the Agreement comes into effect, Piggy will provide the Client and Users access to the Subscription Services.

3.3 The Platform and the Subscription Services are provided on an ‘as-is’ basis. This means that the Platform and the Subscription Services will be provided to all Clients uniformly and with the same standard functionalities, unless the Parties have explicitly agreed otherwise in writing. The Client acknowledges and agrees that the Subscription Service only includes the functionalities as provided by Piggy.

3.4 The functional and technical (including security) specifications for each Subscription Service are available on the Website or upon request. Piggy reserves the right to modify or replace the Subscription Service with a service of similar functionality before or during the term of the Agreement.

3.5 The use of the Platform is subject to specific system requirements, including supported browser versions and operating systems, as determined by Piggy. These requirements will be communicated to the Client upon request and may be subject to change. The Client is responsible for the presence of one (or more) functioning device(s), hardware and/or a functioning and stable internet connection that meet these requirements.

3.6 If the Client uses an integration, including but not limited to an interface, API or other link, between the Platform and third-party software, the Client is responsible for this integration, including but not limited to associated fees, compatibility, maintenance, and any impact on the functionality of the Platform or Subscription Services. Piggy may not be involved in the development, support or management of (third-party) integrations, unless explicitly agreed otherwise in writing. Piggy cannot be held liable for any issues, damages or losses resulting from the use of (third-party) integrations.

3.7 Any set time frames, terms and deadlines related to the provision of the Platform and the Subscription Services by Piggy are purely of an indicative nature, unless explicitly agreed otherwise in writing. A breach of such time frames, terms or deadlines by Piggy will not constitute a breach of the Agreement.

4 Service levels

4.1 Piggy will use reasonable efforts to make the Platform available 24/7. However, the Client acknowledges and agrees that failures, limitations, defects and interruptions may occur and such events do not constitute a breach of the Agreement by Piggy. Piggy will strive to restore the availability of the Platform as soon as possible.

4.2  Piggy may temporarily limit the access and use of the Platform and/or interrupt the Subscription Services if Piggy finds this necessary for:
a.        the (protection of the) security and/or the integrity of Platform and/or the Subscription Services;
b.        maintenance purposes;
c.        recovery of a defect or breach;
d.        recovery of an interruption or other defect; and/or
e.        the change or improvement of Piggy’s or its suppliers computer systems.

4.3 In case technical support is needed, the Client may contact Piggy for support. Piggy will use its reasonable efforts to respond as soon as possible. Piggy’s technical support is limited to issues related to the Platform and Subscription Services. This technical support does not extend to (third-party) integrations, third-party software or issues outside of Piggy’s control, such as hardware issues or network connectivity problems (for example, wifi disruptions).

5 Obligations of the Client

5.1 The Client is responsible for its use of the Platform and for the manner in which the Platform and Subscription Services are used for its business purposes. The Terms of Use apply to the use of the Platform and form an integral part of the Agreement between the Client and Piggy. The Client guarantees that it will use the Platform and Subscription Services properly, for their intended purposes, and in compliance with the Agreement, Terms of Use and any applicable laws and regulations. 

5.2 The Client is and shall remain responsible for instructing the Users and End Users on the proper use of the Platform and Subscription Services as described in clause 5.1. The Client acknowledges and agrees that Piggy is allowed to block the access of User(s) and End User(s) to the Platform under the conditions as included in the Terms of Use.

5.3 The Client acknowledges and agrees that Piggy is entitled, but not obligated, to further develop and update the Platform and Subscription Services as Piggy deems necessary or appropriate. The Client shall follow all Piggy's instructions upon first request regarding implementing or installing any changes and updates to the Platform and/or the Subscription Services. The Client acknowledges and agrees that Piggy might not be able to provide the Platform and/or the Subscription Services if the Client does not change and/or use recent updates to the Platform and/or the Subscription Services following the instructions of Piggy.

5.4 The Client is responsible for keeping information provided to Piggy, including but not limited to email address and billing address in its Order Form and Account, up to date. If the information is not provided correctly, Piggy may not be able to provide the Subscription Services.

6 Pricing, Invoicing & Payment

6.1 The Client may access a limited version of the Platform for free by creating an Account, without any payment obligations. This free version of the Platform offers restricted fucntionalitities, and does nog require the completion of an Order Form.

6.2 To use the Subscription Service(s), the Client is required to pay a subscription fee to Piggy for the use of the Subscription Service. The subscription fee is based on the chosen Subscription Service and is specified in the Order form. An up-to-date overview of subscription fees is included on our pricing page.

6.3 Unless otherwise agreed by the Parties in writing, the subscription fee will remain fixed during the initial term specified in the Order Form, except if the Client exceeds usage limits or if the Client subscribes to additional Subscription Services.  The Client may be eligible to upgrade their subscription tier at any time. The Client may only downgrade their subscription tier at the next renewal date by entering into a new Order Form.

6.4 Piggy reserves the right to adjust the subscription fee(s) at the end of the term specified in the Order Form. In this situation, the Client is entitled to terminate the Agreement for convenience by providing a written notification to Piggy within fourteen (14) calendar days of being informed of this price increase.

6.5 If there is a substantial increase in price determining factors, such as an increase in labour costs, price increases at (cooperation) partners, or other price determining factors, Piggy is entitled to increase the agreed price accordingly before the end of the term of the Agreement. In this situation, the Client is entitled to terminate the Agreement for convenience by providing a written notification to Piggy within fourteen (14) calendar days of being informed of this price increase.

6.6 Unless otherwise agreed by the Parties, by completing the Order Form, the Client authorizes Piggy to automatically debit the subscription fee from the designated bank account within nine (9) calendar days of invoicing. The subscription fee will be debited from the bank account as specified in the Order Form.

6.7 All recurring subscription payments are billed on a yearly basis by default. The Client may choose to pay on a monthly basis, though fees may differ for monthly payments.

6.8 The prices for the Subscription Services are exclusive of VAT (where applicable) and shipping costs.

7  Intellectual Property Rights

7.1 The Intellectual Property Rights are and remain to be the exclusive property of Piggy and/or its supplier(s), as the case may be.

7.2 Piggy hereby grants the Client a worldwide, non-exclusive, non-transferable, and non-sublicensable license to use the Intellectual Property Rights for the sole purpose of receiving the Subscription Services as agreed in the Order Form for own business purposes, for which royalties are paid as described in clause 6 and in the Order Form. The Client is not granted a license to or any other rights in relation to the source code of the Platform, or to any parts thereof, nor will the Client be entitled or granted access thereto.

7.3 Neither the Platform, nor any intellectual property rights and/or knowhow therein, nor any other intellectual property rights of Piggy may be extracted, duplicated, modified, republished, transmitted, shared or otherwise used by the Client, the End User or third parties, except as described in clause 7.2. 

7.4 The license described in clause 7.2 will be immediately terminated upon expiry or termination of the Agreement and will in no event last longer than the term described in the Order Form. In the event that Parties have entered into multiple Order Forms, the license necessary for each Order Form will be immediately terminated upon expiry or termination of that Order Form and will in no event last longer than the term of the latest Order Form.

7.5 The Client hereby grants Piggy a worldwide, royalty-free, non-exclusive license to:
a.        use the intellectual property rights contained in or arising from (parts of) the use of the Platform by the Client and End Users for the sole purpose of providing the Subscription Services to the Client;
b.        add the Client's name and company logo to Piggy's Website, Platform and customer list.

8 Data protection

8.1 The Client acknowledges and agrees that Piggy qualifies as a data controller with respect to the personal data it processes of (employees of) the Client and End Users in relation to the provision of the Subscription Services. Piggy will strive to the best of its ability to ensure that the Platform and Subscription Services comply with applicable data protection laws and regulations, as set out in our Privacy Statement.

8.2 Piggy is not liable for any fines, claims, actions or disputes regarding its use of data of the Clients and End Users, including personal data, for its obligations under the Agreement in violation of applicable law, including but not limited to the General Data Protection Regulation (GDPR).

8.3 The Client qualifies as data controller with respect to the personal data of End Users it collects and processes via the Platform. The Client shall comply with applicable data protection laws and regulations, including the GDPR, with respect to the processing of such personal data. The Client represents and warrants that applicable data protection laws and regulations are not violated by the processing of the personal data of its End Users by Piggy in the context of the provision of Subscription Services. 

8.4 The Parties agree to provide reasonable cooperation to each other in order to ensure personal data is processed in accordance with applicable data protection laws and regulations. The Client shall inform the data subjects whose personal data is included in the processing activities by Piggy and shall relay any data subject requests pertaining to the Platform and/or the Subscription Services, such as a request to access personal data, to Piggy.

8.5 Piggy provides the Platform and the Subscription Services in the European Economic Area (EEA). Insofar the Client wishes to transfer personal data on the Platform outside the EEA, for example by making the Platform available to End Users outside the EEA, the Client shall ensure that personal data is transferred outside the European Union in accordance with applicable data protection laws and regulations.

9 Liability

9.1 Piggy is not liable to the Client for any indirect damages, including those relating to, following from, or in connection with any and all acts or omissions in relation to the Subscription Services, the Platform, the information therein, the Agreement or related services of Piggy. This applies to all indirect damages, including, but not limited to loss of actual or anticipated profit, loss of revenue, business opportunities, loss of anticipated savings, loss or incorrectness of data, (outstanding) balances on giftcards, the cost of purchasing alternative services to mitigate and/or correct defects in the Subscription Service.

9.2 The total liability of Piggy to the Client for any direct damages, including those relating to, following from, or in connection with any and all acts or omissions in relation to the Subscription Services, the Platform, the information therein, the Agreement or related services of Piggy, is limited to a maximum of the total sum of the fees that were invoiced during the three (3) months prior to the first event giving rise to such liability. In no event will the total liability of Piggy exceed EUR 10.000.

9.3 Piggy is not liable for damages, of any nature whatsoever, in the following events:
-        the damages are incurred during any period in which the Subscription Services are provided free of charge;
-        the damages are caused by Piggy or a third party engaged by Piggy relying on incorrect and/or incomplete information provided by the Client;
-        the damages are suffered by an auxiliary person, such as an End User or a third-party, rather than by the Client;
-        the damages are caused by incorrect use, reckless use, or misuse of the Platform and/or Services by the Client;
-        the damages are caused by a software error in or integration to the Platform or Subscription Services that directly follows from an act or omission from a party other than Piggy.

9.4 Neither Party will be responsible in case of force majeure as set out in article 6:75 of the Dutch Civil Code. A force majeure includes but is not limited to an act of war, hostility, or sabotage; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (exc. pandemic restrictions); or any other event outside the reasonable control of the obligated Party. Each Party will use reasonable efforts to mitigate the effect of a force majeure event.

9.5 The limitations of liability described in this clause are not applicable if:
a.        the damages are the result of Piggy’s or its staff’s wilful intent or gross negligence; or
b.        for as far Piggy is not allowed under applicable law to limit its liability.

10  Indemnity

10.1 In case of any third-party claim, including penalties of supervisory authorities, the Client hereby indemnifies, defends Piggy and holds Piggy and Piggy's affiliates harmless against such claims if a claim is based upon or arises out of the following actions by the Client or End Users:
a.        any breach of the Agreement, including the Terms of Use;
b.        any breach of applicable laws and regulations, including any data protection and intellectual property laws and regulations;
c.        the use by the Client or End Users of the Subscription Services and/or any third-party products.

10.2 If Piggy becomes aware of such claim, Piggy will notify the Client as soon as possible. In this case, Piggy will provide the Client with all information and assistance reasonably requested by the Client to handle the defense of the claim. The Client will not accept any settlements that (i) impose an obligation on Piggy; (ii) require Piggy to make an admission; (iii) impose liability not covered by these identifications; or (iv) place restrictions on Piggy without prior written consent.

11 Term and termination

11.1  The term of the Subscription Services will be specified in the Order Form. If the Order Form does not specify a subscription term, the subscription term will be thirty-six (36) months. At the end of the subscription term, the subscription will automatically renew for the same term as specified in the Order Form.

11.2  A notice period applies depending on the subscription term, as specified in the Order Form, and begins prior to the end of the subscription term. To prevent automatic renewal, the Client must provide a written notice of non-renewal to Piggy via contracts@piggy.eu. For example: if a notice period of six (6) months applies, the Client has the right to terminate the Agreement for convenience up to six months before its expiration. If no notice period is specified, a default notice period of six (6) months will apply.

11.3 The Client may choose to terminate any of the Subscription Services early at its convenience, provided that Piggy will not issue any refunds of prepaid fees or subscription fees. The Client remains responsible for promptly paying all outstanding fees due through the end of the subscription term.

11.4 In the event of termination for and unless otherwise is explicitly agreed between Parties, the Client is required to promptly pay the fees for Subscription Services provided up to the termination date.

11.5 Piggy is authorized to terminate the Agreement or suspend the Subscription Services, including the Client's and its End User's access to the Platform, with immediate effect in accordance with applicable law, and in any case if the Client:
−        is acting or has acted in a way that has or may negatively reflect on or affect Piggy, its prospects, or Piggy's customers and/or End Users;
−        violates any applicable law or regulations or any obligation under this Agreement, including the Terms of Use;
−        does not pay the (full amount of the) fees for the provision of the Subscription Services in accordance with the Agreement.

12 Modification

12.1 Piggy reserves the right to unilaterally amend or supplement these Terms and Conditions at any time. The revised Terms and Conditions will be posted on the Website, at our General Terms and Conditions page. This revised Terms and Conditions will be effective and binding on the date that Piggy has published the Terms and Conditions on the Website. In case of material changes, the Client will be notified by email, the Client's Account or an in-app notification.

12.2 Modifications to the Terms and Conditions will be deemed to have been irrevocably accepted by the Client, unless the Client notifies Piggy per email via contracts@Piggy.eu within fourteen (14) calendar days after Piggy has published the Terms and Conditions on the Website. If the Client has not given Piggy the notice in time, the Order Form will be continued until the next renewal date and governed by the renewed Terms and Conditions. If Piggy cannot reasonably provide the Subscription Services to the Client under the Terms and Conditions prior to modification, then the affected Subscription Service will be terminated upon Piggy's notice to the Client.

13 Communications

13.1  Any communication between Piggy and the Client must be in writing (which includes email), unless explicitly stated otherwise in the Agreement.

13.2 The version of the communication in question stored by Piggy will serve as evidence thereof, unless the Client submits proof to the contrary.

13.3 All communications relating to the Agreement (including changes, objections, cancellation) must be made exclusively in writing to Piggy via contracts@piggy.eu. Messages concerning the Agreement sent by the Client by other means will not be considered valid.

13.4 Any press releases, publications, or other communications regarding this Agreement, or matters arising from it, including the manner of such communications, require Piggy’s prior written approval.

14 Final provisions

14.1 Provisions of the Agreement shall not apply to the extent that they conflict with any applicable provisions obligated by law. Should any provision of the Agreement be void or otherwise unenforceable, this will not affect the validity of the remaining provisions of the Agreement. In such a case, the Parties will negotiate in good faith to amend the relevant provisions in such a way that they are enforceable and as far as possible do justice to the Parties' intentions with regard to the provision in question.

14.2 If any part of the Agreement is determined to be an invalid or unenforceable provision it will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

14.3 The Parties are mutually obligated to maintain the confidentiality of any information they become aware of during the execution of this Agreement. This confidentiality obligation shall remain in effect even after the termination of this Agreement, regardless of the reason for termination, except where the information has already entered the public domain through no breach of this confidentiality obligation.

14.4 Piggy is free to conclude agreements with competing parties.

14.5  This Agreement supersedes all other agreements and proposals between the Parties. The applicability of any additional or different terms and conditions, purchase terms and/or other terms proposed by the Client is explicitly excluded.

14.6 Piggy’s obligations under this Agreement do not depend on the delivery of any future functionality or features of the Subscription Service, nor are they influenced by any oral or written public statements made by Piggy regarding potential future functionality or features.

14.7 The English version of this Agreement will govern the Parties relationship. Versions of this Agreement translated in other languages than English are translated for the Client's convenience only and will not be interpreted to modify the English version of this Agreement.

15        Applicable law and dispute resolution

15.1  The Terms and Conditions and Agreement are governed by and construed in accordance with the laws of the Netherlands.

15.2 Unless the Client is a natural person acting for purposes which can be regarded as outside his trade or profession, any and all disputes that arise out of or in connection with these Terms and Conditions and Agreement shall be exclusively submitted to the competent court of Midden-Nederland, Location Utrecht, the Netherlands.