Terms of Use
Last updated
The short version
- Apple’s Standard EULA is your license to use Pesky. These terms add the parts specific to Pesky.
- Pesky Pro renews automatically until you turn off auto-renew, at least 24 hours before the current period ends.
- Notifications can arrive late or not at all. Don’t rely on Pesky for medical, safety-critical or time-critical reminders.
1. Agreement
These terms are an agreement between you and Brogan LLC (“Brogan”, “we”, “us”) about the Pesky app and the online service it uses to store and send your reminders (together, “Pesky”). By downloading or using Pesky, you agree to these terms and to our Privacy Policy.
Your license to use the app is Apple’s Licensed Application End User License Agreement (the “Standard EULA”). These terms add to it. If the two conflict, these terms apply, except where the Standard EULA sets out Apple’s own rights.
2. Who can use Pesky
You must be at least 13 years old to use Pesky. If you’re under the age of majority where you live, you need a parent’s or guardian’s permission, and they agree to these terms for you.
3. Your account
You can use Pesky without signing in. If you sign in with Apple, Google or an email address, keep your sign-in secure, and tell us at hello@brogan.io if you think someone else has used your account. You can delete your account at any time in Pesky’s Settings; see the Privacy Policy for what that removes.
4. Your reminders
Your reminders and their history belong to you. You give us permission to store, copy and send them only as needed to run Pesky for you: to plan and deliver your notifications, sync them to your devices and show their history. You’re responsible for what you write in them.
5. Pesky Pro
Pesky is free to use. Pesky Pro is an optional auto-renewing subscription that adds more times a day, more ways to repeat, end dates, Keep Reminding Me and the full history of each reminder.
- Price and period: $1.49 (USD) a month or $9.99 (USD) a year. Prices may differ by country and currency, and the app shows the current price before you buy.
- Payment: Apple charges your Apple Account when you confirm the purchase.
- Auto-renewal: your subscription renews automatically for the same period unless you turn off auto-renew at least 24 hours before the current period ends. Apple charges the renewal within the 24 hours before the period ends.
- Managing or canceling: in the Settings app › Apple Account › Subscriptions, or from Pro in Pesky’s Settings. Canceling stops the next renewal, and Pro stays on until the end of the period you’ve paid for. Deleting the app or your Pesky account doesn’t cancel your subscription.
- Refunds: Apple handles all payments and refunds. You can request one at reportaproblem.apple.com.
- Price changes: if the price changes, Apple tells you beforehand and, where required, asks you to agree before you’re charged the new price.
We may change what Pro includes. If a change takes away something you rely on, you can cancel as above.
6. Notifications can be late or missed
Pesky depends on iOS, your settings and your internet connection to deliver reminders, and we can’t guarantee any reminder will arrive, or arrive on time. Notifications can be delayed or missed when, for example, notifications for Pesky are turned off, a Focus or Scheduled Summary holds them, your device is off or offline, or Apple’s, Google’s or our service has a problem. Random reminders arrive at unpredictable times by design.
Don’t use Pesky for medical reminders such as medication doses, for safety-critical tasks, or for anything time-critical where a late or missed reminder could cause harm or loss.
7. Acceptable use
When you use Pesky, don’t:
- break the law, or use Pesky to harass or harm anyone;
- try to get into other people’s accounts or data, or into parts of the service you aren’t meant to reach;
- interfere with, overload or disrupt the service, for example with automated requests;
- copy, modify or reverse engineer the app, except as the law allows; or
- resell or rent Pesky, or use it to build a competing service.
We may suspend or close an account that breaks these rules.
8. Changes and ending
We’re always working on Pesky, so features may change, and we may stop offering some of them. If we stop offering Pesky Pro, we’ll turn off renewals. You can stop using Pesky and delete your account at any time.
We may update these terms. We’ll post the new version here and update the date at the top, and for significant changes we’ll give notice before they take effect. If you keep using Pesky after a change takes effect, you accept the new terms.
9. Disclaimer
Pesky is provided “as is” and “as available”. To the fullest extent the law allows, Brogan disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, and doesn’t promise that Pesky will be uninterrupted, error-free or that any reminder will be delivered or delivered on time.
10. Limitation of liability
To the fullest extent the law allows, Brogan won’t be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, or harm resulting from a late or missed reminder. Brogan’s total liability for any claim about Pesky is limited to the greater of the amount you paid for Pesky Pro in the 12 months before the claim, or US$50.
Some places don’t allow these exclusions or limits, so some of them may not apply to you. Nothing in these terms limits rights you have under consumer laws that can’t be changed by contract.
11. Governing law
These terms are governed by the laws of the State of Georgia, USA, without regard to its conflict-of-law rules. Any dispute about Pesky or these terms will be heard in the state or federal courts located in Georgia, and you and we consent to their jurisdiction. If you live in the European Union or the UK, you also keep the protection of the mandatory laws of your country, and you can bring a claim in your local courts.
12. General
If any part of these terms can’t be enforced, the rest still applies. If we don’t enforce a part right away, we haven’t given up the right to enforce it later. These terms, the Standard EULA and the Privacy Policy are the whole agreement between you and us about Pesky.
13. Contact us
Brogan LLC
hello@brogan.io