Terms & Conditions
Welcome to Pile!
Your use of the Pile service, contained by all Pile apps: Pile, Pile+, Pile Pro, Pile for Safari and any Pile software or service (the “Service”) is governed by this legal agreement (the “Terms”). The Service is provided by Aram Miquel, located in Dublin, Ireland.
By using the Service, you are agreeing to these Terms. Please read them carefully.
The Service is available to you if you are 13 years of age or older. If you are 13 or older, but under the age of majority in your country of residence, you must review this agreement with your parent or guardian to make sure that you and your parent or guardian understand it. You may use the Service only if you can form a binding contract with Aram Miquel and are not barred under any applicable laws from doing so.
Using our Service
You must follow any policies made available to you within the Service. You agree to use the Service only for purposes as permitted by these Terms.
In order to use the Service, you will be using your Apple account. You may be using iCloud as the storage space for the content managed by the Service. You are solely responsible for the security and confidentiality of your Apple account. You are also responsible for all activities or actions exercised by your Account, and you should immediately notify Apple if you learn of any unauthorized use of your Account.
Using our Service does not give you any legal right, title, or interest in our Service or the Content you access. You may not assign (or grant a sub-license of) your rights to use the Service, or otherwise transfer any part of your rights to use the Service. The Service, including the software used to implement the Service, as well as the software provided to you as a part of the Service (the “Software”), are protected by copyright, trademark, applicable intellectual property and other laws. These Terms do not grant you the right to use any trademarks, branding, or logos used in our Service. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these Terms.
Don’t misuse our Service. You agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). Also, you agree not to access the Service using a method other than the interface and instructions I provide. For example, you may not: a) reverse engineer, decompile or otherwise attempt to extract the source code of the software used to access the Service or protocols used in the Service, unless this is required by law; b) attempt to disable or circumvent any security mechanisms used by the Service; c) probe, scan, or test the vulnerability of any system or network; d) breach or otherwise circumvent any security or authentication measures; e) access, tamper with, or use non-public areas of the Service; f) interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Service; g) plant malware or otherwise use the Service to distribute malware; h) access or search the Service by any means other than our publicly supported interfaces (for example, “scraping”). If your use of the Service or other behavior intentionally or unintentionally threatens our ability to provide the Service, I will take any reasonable steps to protect the Service, which may include suspension of your access to the Service.
I may provide you with notices regarding the Service, including changes to the Terms, by email, regular mail, or postings on the Website and/or Service.
Your Content in Our Service
All information to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such Content originated. All such information is referred to as the “Content.”
You agree that you will not use the Service to upload, transmit, store, or otherwise make available any unlawful Content; engage in any copyright infringement or other intellectual copyright infringement; upload, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware; and/or plan or engage in any illegal activity.
You retain full ownership for the Content you upload or otherwise submit to the Service. Aram Miquel does not claim ownership or any intellectual property rights to any of it. I do, however, need certain limited rights in order to operate the Service: you grant Aram Miquel (and those I work with) a worldwide, non-exclusive license to use, host, store, reproduce, modify, create derivative works, communicate, and distribute such Content, without any compensation or obligation to you. The rights you grant in this license are for the limited purpose of operating and improving our Service, and to develop new ones. Make sure you have the necessary rights to grant us this license for any Content that you submit to our Service. I may remove any Content from our Service at our discretion.
In order to provide the Service and make your Content available, Aram Miquel may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits Aram Miquel to take any such actions.
You are solely responsible for securing and backing up your Content. Aram Miquel shall use reasonable skill and due care in providing the Service, but has no responsibility or liability for the deletion, corruption, or failure to store any Content maintained or transmitted through your use of the Service.
Privacy
Pile takes your privacy very seriously. Your information is stored in your device(s) and/or in your iCloud account. Pile may gather some usage and crash data for analytics purposes. You can view Apple’s Privacy Policy (https://www.apple.com/ie/legal/privacy/en-ww/) and Pile’s Privacy Policy (https://pile.ie/privacy-policy).
About Software in our Service
The Software which you use may from time to time automatically download and install updates from Pile. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, or entirely new versions of the Software. You agree that Pile may automatically deliver such updates to you as part of your use of the Service and you shall receive and install them as required.
Pile gives you a personal, non-assignable, non-exclusive, limited license to use the Software provided to you by Pile as part of the Service. The license is for the sole purpose of enabling you to use our Service in the manner permitted in these Terms. You may not (or permit anyone else to) copy, modify, rent, loan, distribute, sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in any part of the Service or Software, nor may you reverse engineer, decompile, or otherwise attempt to extract the source code of the Software, unless expressly permitted or required by law.
Modifying and Terminating our Service
I am constantly modifying and improving our Service over time. I may add or remove features or functionalities, and I may temporarily suspend or discontinue the Service altogether. I may, at any time, change or impose fees for your access and use of the Service.
You can stop using the Service at any time, although I would be sorry to see you go. Aram Miquel may also stop providing the Service to you at any time, with or without cause, and with or without notice. For example, I may immediately suspend or terminate your use if you are not complying with these Terms, or use the Service in any way that would cause us legal liability or disrupt others’ use of the Service.
Exclusion of Warranties
NOTHING IN THESE TERMS, INCLUDING THIS SECTION, SHALL EXCLUDE WARRANTIES WHICH MAY NOT BE LAWFULLY EXCLUDED BY APPLICABLE LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”.
ARAM MIQUEL MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ARAM MIQUEL DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
Automatic Renewal, Payments, and Refunds
Subscriptions to our paid Pile service are available on a monthly subscription plan. Each paid subscription is valid for only one user account and you are not permitted to use your paid subscription with any other user accounts. YOUR PAID PILE SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED, AND THE SUBSCRIPTION FEE CHARGED, AT THE END OF EACH SUBSCRIPTION PERIOD UNTIL YOU CANCEL. THE SUBSCRIPTION FEE WILL BE CHARGED TO YOUR LAST PAYMENT METHOD. I may offer a free trial period for Pile. If you sign up for a free trial, you will be charged the subscription fee when the free trial period ends, and at the end of each subsequent subscription period until you cancel.
I reserve the right in the future to charge for use of our services that are currently available free of charge. You will not be charged for using any service unless you have opted for a paid subscription plan. I may provide users with notice of any material change to the terms and conditions applicable to the subscription service, for example using a notice inside the Service. By continuing to use our services after the change takes effect, you accept the new terms.
I do not issue refunds for subscriptions paid for through iTunes. You may use Apple’s support page (https://support.apple.com/en-us/HT204084).
Cancellation Policy for Pile Subscriptions
You may cancel your subscription at any time. If you cancel or decide not to renew, you will be downgraded to our free service upon cancellation or at the end of your subscription period, as applicable. If you do not pay for your paid subscription on time, I reserve the right to suspend your paid subscription or reduce your service level to our free service.
Limitation of Liability
NOTHING IN THESE TERMS, INCLUDING THIS SECTION, SHALL LIMIT ARAM MIQUEL’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY LIMITED BY APPLICABLE LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARAM MIQUEL SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON ARAM MIQUEL’S LIABILITY TO YOU IN THE PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT ARAM MIQUEL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Indemnity
You agree to hold harmless and indemnify Aram Miquel, and its affiliates, employees or partners from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Aram Miquel will provide you with written notice of such claim, suit or action.
About these Terms
Please note that the Terms of Service may change from time to time. I will post notice of modifications on our website. In the case of substantial changes, I may, at my sole discretion, provide a prominent notice, e.g., using a dialog in the Pile, Pile+ and/or Pile Pro applications. You understand and agree that if you use the Service after the date on which the Terms have changed, Aram Miquel will treat your use of the Service as acceptance of the updated Terms.
Certain components of the Service provided by Aram Miquel may require separate Software or other license agreements or Terms of Use. You must read, accept, and agree to be bound by any such separate agreements as a condition of using these particular components or features of the Service.
If you do not comply with these Terms, and I don’t take action right away, this doesn’t mean that I am giving up any rights that I may have (such as taking action in the future).
These Terms control the relationship between you and Aram Miquel, they don’t create any third party beneficiary rights.
Upon any termination of the Service under Section “Modifying and Terminating our Service”, these Terms will also terminate, but Sections “Exclusion of Warranties”, “Limitation of Liability”, “Indemnity” , and “About these Terms” shall continue to be effective after these Terms are terminated.
This is the entire agreement between you and Aram Miquel with respect to the Service and it supersedes and replaces any prior representations, discussions, undertakings, communications or advertising relating to the Service. If any part of this agreement is found invalid or unenforceable, the remaining portions will remain in full force and effect, and enforceable term will be substituted reflecting our intent as closely as possible.