Pestly Terms of Service

Effective date: July 2, 2026
Last updated: July 2, 2026

These Terms of Service ("Terms") are a binding agreement between you and Pestly ("Pestly," "we," "us," or "our"). They govern your access to and use of the Pestly website, iPhone app, related features, content, and support (together, the "Services").

By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 18 years old and legally able to enter into a binding contract to use the Services. If you use the Services for an organization, you represent that you have authority to bind that organization, and "you" includes that organization.

The Services are currently intended for users in the United States. You are responsible for determining whether your use is lawful where you live.

2. Current Status, No Website Registration, and Changes

Pestly is under active development. The website may describe planned, prototype, beta, or not-yet-available features, compatibility, subscriptions, or app behavior. Those descriptions are estimates, not guarantees. Features may be incomplete, changed, delayed, limited, or removed before release.

The website does not currently provide registration, website sign-in, website checkout, or a mailing-list form. If Pestly later adds website accounts, paid website purchases, or other collection flows, additional terms and privacy disclosures may apply.

3. License and Permitted Use

Subject to these Terms, Pestly grants you a limited, personal, revocable, non-exclusive, non-transferable license to:

• access and use the website for personal, noncommercial purposes; and
• install and use the app on Apple-branded products you own or control as permitted by the Apple Media Services Usage Rules.

You receive a license to the software, not ownership of it. Pestly and its licensors retain all rights not expressly granted.

4. Your Responsibilities

You are responsible for:

• the accuracy of tasks, schedules, proof descriptions, QR references, Screen Time selections, timelapse settings, and other content you provide;
• reviewing each reminder before relying on it;
• protecting access to your iPhone, Apple account, imported media, QR references, and Pestly data;
• obtaining permission before capturing or submitting an image, video, QR payload, or other information belonging to another person; and
• complying with laws, workplace rules, school rules, lease terms, network policies, and the rights of others.

5. Acceptable Use

You may not:

• use the Services unlawfully, fraudulently, abusively, or in a way that infringes another person's privacy, publicity, copyright, trademark, or other rights;
• photograph or submit confidential documents, intimate material, health information, payment information, access credentials, minors, or other sensitive personal information through Photo mode;
• use the Services to harass, surveil, coerce, punish, or control another person;
• interfere with, overload, disable, damage, or bypass security, access-control, or usage-limit features of the Services;
• probe or test vulnerabilities without our prior written authorization;
• reverse engineer, decompile, disassemble, extract, modify, or create derivative works of the app or Services except to the limited extent applicable law expressly permits despite this restriction;
• introduce malicious code, impersonate another person, misrepresent affiliation, or use automated means to scrape or access the Services without permission;
• resell, sublicense, rent, or commercially exploit the Services or use them to develop a competing product without our written permission; or
• remove proprietary notices or use Pestly names, logos, or branding without permission.

6. Reminders, Alarms, Screen Time, and Safety

Pestly is a productivity aid. It is not an emergency alert, life-safety system, medical treatment, mental-health treatment, safety-critical alarm, or substitute for professional advice or human supervision.

Reminders, alarms, notifications, Screen Time shields, QR checks, Photo-mode checks, timelapse capture, and local app storage can fail, be delayed, be inaccurate, or become unavailable because of iPhone state, permissions, battery level, connectivity, operating-system behavior, app termination, third-party outages, or software errors. Do not rely on Pestly for medication, caregiving, transportation, security, legal deadlines, workplace safety, or any situation where failure could cause injury, death, property damage, or substantial loss.

Avoid configuring reminders, alarms, Screen Time blocks, or persistence features in a way that creates a hazard or prevents another person from controlling their environment.

7. QR and Photo Verification

QR verification checks whether a scanned payload matches the reference saved in the app. It does not verify identity, ownership, location, safety, or task quality.

Photo verification sends the captured image and your task description to Google's Gemini API for an automated match decision. The result may be incorrect, inconsistent, or affected by framing, lighting, model behavior, connectivity, or third-party service changes. Photo verification is a convenience feature and is not facial recognition, identity verification, security authentication, evidence of presence, or professional judgment.

You retain ownership of content you submit. You grant Pestly a limited, worldwide, royalty-free license to process that content only as necessary to provide, secure, troubleshoot, and improve the Services and to meet legal obligations. You direct us to transmit Photo-mode content to Google for validation. Google's terms and privacy practices also apply to its processing. Do not submit content if you do not have the necessary rights and permissions.

8. Timelapse Files

The app may let you capture timelapse videos for tasks. You are responsible for choosing what appears in the frame and for respecting the privacy and rights of others. Do not record in places where recording is prohibited or where people reasonably expect privacy.

9. Screen Time and Apple Permissions

Screen Time shielding depends on Apple Family Controls and Managed Settings authorization. You choose the applications, categories, or web domains to shield and the duration. Apple may restrict, revoke, or change these capabilities. You can change permissions in iOS Settings, but doing so may stop related Pestly features.

You remain responsible for access needed for emergencies, work, education, accessibility, authentication, transportation, communication, and other essential uses. Do not configure shielding in a way that creates a safety risk or prevents access required by law or another agreement.

10. Purchases, Subscriptions, and Promotions

If Pestly offers subscriptions, paid Photo-mode access, redemption codes, or other purchases, the price, renewal period, cancellation method, taxes, and any additional terms will be disclosed before purchase.

Digital purchases offered in the iPhone app will be processed by Apple unless stated otherwise. Apple's payment, subscription, refund, and cancellation rules apply. Deleting the app does not automatically cancel an Apple subscription. Manage Apple subscriptions through your Apple account settings.

Promotional or redemption codes may have additional eligibility, expiration, territorial, and usage restrictions and may not be exchanged for cash except where required by law.

11. Third-Party Services

The Services rely on or link to services provided by Apple, Google, hosting providers, email providers, and potentially other vendors. Their separate terms and privacy policies apply to their services. We do not control third-party services and are not responsible for their availability, security, content, or independent conduct.

You must comply with applicable third-party terms, including Apple's Usage Rules and the terms that apply to any network, content, file, or service you use with Pestly.

12. Intellectual Property and Feedback

The Services, including software, text, graphics, logos, visual material, and other content supplied by Pestly, are owned by Pestly or its licensors and are protected by intellectual-property laws.

If you send suggestions, ideas, or feedback, you grant us a perpetual, worldwide, irrevocable, royalty-free license to use and incorporate that feedback without restriction or compensation. This does not give us ownership of your personal information or user content.

13. Updates, Availability, and Termination

We may update the app, change or discontinue features, impose reasonable usage limits, suspend access, or stop supporting older software. Some updates may be required for compatibility, security, or continued use.

You may stop using the Services at any time. You may delete the app. We may suspend or terminate your access if you materially or repeatedly violate these Terms, create risk or legal exposure, or misuse the Services. Sections that by their nature should survive termination will survive, including ownership, disclaimers, liability limits, dispute provisions, and licenses needed for prior processing.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." PESTLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR ACHIEVE A PARTICULAR PRODUCTIVITY RESULT.

Nothing in these Terms excludes a warranty or consumer right that cannot lawfully be excluded.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PESTLY AND ITS OWNERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OPPORTUNITY; OR PERSONAL OR PROPERTY LOSS ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PESTLY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID PESTLY FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT OR (B) US$100.

These limits do not apply where prohibited by law, including liability that cannot be limited for fraud, willful misconduct, gross negligence, or certain personal injuries. Some jurisdictions do not allow certain exclusions, so some terms may not apply to you.

16. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Pestly and its affiliates, personnel, and service providers from third-party claims, damages, losses, and reasonable costs arising from your unlawful misuse of the Services, your violation of these Terms, or content you submit in violation of another person's rights. This section does not require a consumer to indemnify Pestly for Pestly's own unlawful conduct.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of California and applicable United States federal law, without regard to conflict-of-law rules. Except where consumer law permits or requires another forum, the state and federal courts located in California will have exclusive jurisdiction, and you and Pestly consent to personal jurisdiction there.

Before filing a claim, you and Pestly agree to make a good-faith attempt to resolve the dispute informally by sending a written description of the issue and requested relief to app.pestly@gmail.com and allowing 30 days for a response. This requirement does not prevent either party from seeking urgent injunctive relief or using small-claims court where eligible.

18. Apple-Specific Terms

If you obtain the app through Apple's App Store:

• these Terms are between you and Pestly, not Apple, and Pestly is solely responsible for the app and its content;
• Apple has no obligation to provide maintenance or support for the app;
• if the app fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, as required by its rules; to the maximum extent permitted by law, Apple has no other warranty obligation;
• Pestly, not Apple, is responsible for addressing claims relating to the app, including product-liability, legal-compliance, and consumer-protection claims;
• Pestly, not Apple, is responsible for investigating and resolving claims that the app infringes third-party intellectual-property rights;
• you represent that you are not located in a country subject to a U.S. government embargo and are not listed on a U.S. government prohibited- or restricted-party list;
• you must comply with applicable third-party agreement terms when using the app; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Apple-specific terms against you.

19. General Terms

These Terms and the Privacy Policy are the entire agreement regarding the Services unless additional terms are presented for a specific purchase or feature. If a provision is unenforceable, it will be limited to the minimum extent necessary, and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a merger, reorganization, sale, or by operation of law. Headings are for convenience only.

We may update these Terms by posting a revised version and changing the date above. If a change is material, we will provide additional notice when reasonably practicable. Your continued use after the effective date of revised Terms constitutes acceptance, except where applicable law requires another form of consent.

20. Contact

Questions about these Terms may be sent to:

Pestly
Email: app.pestly@gmail.com

Pestly Privacy Policy

Effective date: July 2, 2026
Last updated: July 2, 2026

Pestly ("Pestly," "we," "us," or "our") provides the Pestly website, iPhone app, and related support services (together, the "Services"). This Privacy Policy explains what information is processed when you use the Services, how it is used, and the choices available to you.

1. Scope

This Policy applies to the Pestly website, the Pestly iPhone app, and communications with us. It does not govern third-party websites, platforms, APIs, app stores, or services that we do not control.

Pestly does not currently provide website registration, website sign-in, or website checkout. If that changes, we will update this Policy before collecting new categories of information through those flows.

2. Information Processed by the Services

A. Information you provide to us

• Support communications. If you email us or otherwise contact us, we receive your email address and the information you include in the message.
• Purchase or subscription records. If paid app features are offered through Apple's App Store, Apple processes the payment. We may receive limited transaction status information needed to unlock or manage app features, but we do not receive your full payment card details from Apple.

B. Website information

• Basic technical logs. Hosting providers may automatically process IP address, browser type, requested pages, timestamps, referring page, and security or diagnostic logs.
• Page resources. The website may load fonts from Google Fonts. Loading those resources allows Google to receive standard connection information.

We do not currently use advertising SDKs, cross-site behavioral advertising, or a website analytics service in the reviewed website code.

C. Information stored locally by the iPhone app

Most Pestly app information remains on your iPhone and is not sent to Pestly. The app stores information needed to provide its features, including:

• task titles, dates, start times, reminder windows, reminder methods, completion status, and completion timestamps;
• templates, favorite tasks, streak or task-history information, and related settings;
• QR-code or barcode payloads and any description you save for a code;
• descriptions you enter for Photo mode;
• Screen Time selections represented by Apple-provided application, category, or web-domain tokens, along with blocking durations;
• timelapse settings, locally saved timelapse videos, timestamps, source-task links, and storage totals;
• onboarding answers, theme choices, alarm settings, subscription-feature flags, and other preferences.

This local information is stored in the app's private container, UserDefaults, or the shared app group used by Pestly's Screen Time shield extension. Apple and iOS may process this information as needed for backups, notifications, alarms, Screen Time, file picking, and other platform features according to your Apple settings and Apple's terms.

D. Camera, QR, Photo, and timelapse features

• QR mode. The app uses a live camera feed to detect a QR code or barcode and compare its payload with the saved reference. The app stores the reference payload, not the live camera feed.
• Photo mode. When you choose Photo mode and take a picture, the app resizes and compresses the image and sends it, together with the task description you entered, to Google's Gemini API. Google returns a match or no-match result. Pestly's current app code does not write the captured Photo-mode image to the photo library or intentionally persist it in app storage after validation.
• Google processing. Google may process the image, task description, API request, response, IP address, safety signals, and diagnostic information under the Gemini API terms and the configuration of the API account used by Pestly. Avoid including sensitive, confidential, or third-party personal information in a Photo-mode image.
• Timelapse capture. If you enable timelapse for a task, the app records video frames locally and stores the resulting timelapse file on your iPhone until you delete it or delete the app. Timelapse files are not automatically uploaded to Pestly.

Photo mode is not facial recognition and is not intended to identify a person. A photo or timelapse can nevertheless contain faces, documents, locations, or other personal information, so review the scene before capturing it.

E. Permissions and Apple services

Depending on the features you choose, the app may ask for:

• Camera access for QR mode, Photo mode, and timelapse capture;
• Notification and alarm access to schedule local reminders and alarms;
• Screen Time / Family Controls authorization to shield applications, categories, or web domains during a task.

Pestly accesses these resources only when needed for the feature you select. You can change system permissions in iOS Settings. Turning off a permission may disable the related feature.

3. How We Use Information

We use information to:

• provide, maintain, secure, and troubleshoot the Services;
• operate reminders, alarms, QR verification, Photo-mode validation, timelapse capture, Screen Time shielding, templates, favorites, and streaks;
• remember preferences and preserve task history locally on your iPhone;
• answer support requests and communicate about the Services;
• understand and fix technical or security problems; and
• comply with law, enforce our terms, and protect users, Pestly, and others.

Where applicable law requires a legal basis, we rely on performance of our contract with you, your consent, our legitimate interests in operating and securing the Services, and compliance with legal obligations. You may withdraw consent where consent is the basis, but withdrawal does not affect earlier lawful processing.

4. How We Disclose Information

We may disclose information in the following circumstances:

• Service providers. Google provides Google Fonts and Gemini image validation; Apple provides app distribution, purchase, operating-system, notification, alarm, Screen Time, file-picker, and related platform services; and hosting and email providers process information needed to deliver the website and support.
• At your direction. We disclose information when you intentionally use a feature that requires the disclosure, such as using Photo mode.
• Legal and safety reasons. We may disclose information when reasonably necessary to comply with law or legal process; investigate fraud, abuse, security incidents, or violations; or protect rights, property, or safety.
• Business transfers. Information may be transferred as part of a financing, merger, acquisition, reorganization, bankruptcy, or sale of some or all of our business, subject to appropriate protections.

We do not sell personal information. We do not share personal information for cross-context behavioral advertising or use it to serve targeted advertisements. We do not knowingly disclose personal information to data brokers.

5. Retention and Deletion

• App data. Tasks, templates, favorites, Screen Time selections, streaks, and preferences remain on your iPhone until you delete the relevant item, reset the app where that option is available, or delete the app.
• Timelapse files. Timelapse videos remain locally until you delete them in the app, delete the app, or remove them through available system controls.
• Photo-mode images. The app does not intentionally persist the captured image after validation. Google may retain API inputs, outputs, and technical records for periods described in its applicable terms and policies.
• Support data. We retain support communications for as long as reasonably necessary to resolve the request, maintain business records, prevent abuse, or comply with law.
• Technical and security records. Hosting, email, Apple, Google, and other providers may retain records under their own policies and our account settings.

Deleting the app does not automatically delete information already submitted to Google, Apple, an email provider, or us.

6. Your Choices and Rights

You may:

• decline optional app permissions or revoke them in iOS Settings;
• delete individual tasks, templates, favorites, timelapses, and related records using available app controls;
• delete the app to remove its local app container from your iPhone, subject to Apple's backup and retention behavior;
• clear the website's cookie and local-storage preference through your browser controls; and
• request access to, correction of, or deletion of personal information held by Pestly.

Depending on where you live, you may also have rights to data portability, restriction or objection to processing, withdrawal of consent, appeal of a denied request, or submission of a complaint to a privacy regulator. We will not discriminate against you for exercising a privacy right. We may need to verify a request before acting on it.

Because most app data is stored only on your iPhone, Pestly may not possess or be able to retrieve it. Requests to Google, Apple, or another independent provider may need to be directed to that provider.

7. International Processing

Pestly and its providers may process information in the United States, the European Union, and other countries. Privacy laws in those places may differ from those where you live. Where required, we use legally recognized safeguards for international transfers.

8. Security

We use reasonable administrative, technical, and organizational measures designed to protect information. No storage or transmission method is completely secure, and we cannot guarantee absolute security. Protect access to your iPhone, email account, imported files, QR references, and Photo-mode scenes. Do not use Photo mode or timelapse capture for highly sensitive or confidential material.

9. Age Limitation

The Services are not directed to children and are intended only for people age 18 or older. We do not knowingly collect personal information from anyone under 18. If you believe a person under 18 has provided personal information to us, contact us so we can investigate and delete it as appropriate.

10. Changes to This Policy

We may update this Policy as the Services or legal requirements change. We will post the revised Policy and update the date above. If a change materially affects how we use information already collected, we will provide additional notice or obtain consent when required.

11. Contact Us

For privacy questions or requests, email app.pestly@gmail.com with the subject line "Privacy Request."

Pestly
Email: app.pestly@gmail.com