Terms and Conditions

NotifyMe | Penso Technology S.r.l.
Effective Date: Jan 1, 2026 — Last Updated: Jul 28, 2026

1. Overview

These Terms & Conditions (“Terms”) govern your access to and use of the NotifyMe iOS application (the “App”) and related services (collectively, the “Service”). By installing, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

You may also be subject to our Privacy Policy.

2. Definitions

3. Eligibility & Intended Use

You must be legally capable of entering into contracts and not barred from using the Service under applicable law or sanctions. The Service is intended for personal, own-device use only. If you act on behalf of an entity, you represent authority to bind it; “you” then refers to that entity.

You must be at least 18 years of age, or the age of majority in your jurisdiction, to purchase a Subscription; minors may use the Service only with the involvement and consent of a parent or legal guardian who agrees to these Terms.

4. Service Description

The App provides instructions and tooling enabling you to send push notifications to your own device, including showing your Device Token and guidance to initiate different notification types. Features include:

Delivery can be affected by device settings, OS behavior, networks, and third-party services. We do not guarantee delivery, timeliness, or reliability.

5. Subscription & Billing

Subscriptions are billed via Apple App Store using your Apple ID and renew automatically until you cancel. The subscription fee is the current price displayed in the App Store for your territory at the time of purchase and may vary by region and applicable taxes. You can cancel at any time in Settings > Apple ID > Subscriptions. Refunds are handled by Apple per its policies.

If you are a consumer in the EU/EEA, see Section 6 (Right of Withdrawal).

6. Right of Withdrawal (Consumers in the EU/EEA)

6.1 If you are a consumer habitually resident in the European Union or the European Economic Area, you have a statutory right to withdraw from the Subscription contract within fourteen (14) days of its conclusion, without giving any reason (right of withdrawal; diritto di recesso).

6.2 Your Subscription is purchased through the Apple App Store. The purchase contract for the Subscription is concluded with Apple Distribution International Ltd. as merchant of record, under the Apple Media Services Terms and Conditions. The right of withdrawal in respect of amounts paid is accordingly exercised against Apple.

6.3 To exercise the right of withdrawal, you may: (a) request a refund at https://reportaproblem.apple.com; (b) use any other means Apple provides for this purpose, including the model withdrawal form, as set out in the Apple Media Services Terms and Conditions; or (c) contact us via our support website, in which case we will confirm receipt of your request, including its date, and provide directions for requesting your refund from Apple.

6.4 If you withdraw, reimbursement is due within fourteen (14) days of the day the withdrawal notice is received, using the same means of payment you used, at no cost to you.

6.5 Where the Subscription includes a free trial period, no payment is due for use during the trial. If the paid Subscription period begins during the withdrawal period at your request, an amount proportional to the service provided up to the time you communicate your withdrawal may be deducted from the reimbursement, to the extent permitted by applicable law.

6.6 Cancelling auto-renewal (Settings > Apple ID > Subscriptions) stops future charges but is not a withdrawal. Withdrawal within the period in Section 6.1 entitles you to reimbursement as described above.

7. License & Ownership

We grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the App on iOS devices you own or control, solely to send notifications to your own device. We (and our licensors) retain all rights in the App/Service, documentation, trademarks, and IP.

You shall not (and shall not permit others to): copy, modify, create derivatives; reverse engineer except as allowed by law; rent, lease, sell, distribute, or sublicense; remove proprietary notices.

8. Security & Your Responsibilities

Safeguard your Device Token, credentials, and device. Do not share your Device Token. You assume all risk for actions taken using your token or instructions. If you suspect exposure, promptly rotate/revoke the token (where applicable), adjust settings, and notify us.

9. Fair Use Policy (“Unlimited” Notifications)

“Unlimited” notifications are subject to Fair Use to protect Service integrity and availability for personal, own-device usage.

Principles: Prevent abnormal/excessive/abusive/non-personal usage degrading the Service or circumventing its design.

Non-exhaustive Misuse Examples:

Monitoring & Enforcement: We may monitor usage patterns for Fair Use compliance. If detected misuse, we may throttle, rate-limit, request remediation, suspend/terminate access (including blocking device/token), and take other protective action.

Discretion: We may reasonably determine whether usage violates Fair Use. Persistent/egregious violations may result in blocking/termination.

10. Acceptable Use & Prohibited Conduct

You agree not to use the Service for illegal, harmful, infringing, or deceptive purposes; to send spam/abusive content; to transmit malware/adware/spyware; to interfere with Service/network; to access via unauthorized means; to scrape/harvest; to create a competing product or perform public benchmarking; to use in emergencies; to violate Apple/APNs/FCM policies; or to use in a way that exposes us to liability or disrupts operations. Improper use may result in immediate suspension or termination (Section 13).

11. Third-Party Services

The Service relies on third parties (e.g., Apple’s APNs, Firebase Cloud Messaging/Analytics, App Store). They may change, limit, or discontinue features affecting notifications. Delivery is influenced by APNs/FCM, device settings, OS version, and networks. You must comply with applicable platform policies. We are not responsible for acts/omissions of Apple, Google, or other third parties.

12. Changes to Service & Terms

We may modify, suspend, or discontinue the Service (including features/pricing) at any time, subject to law. We may update these Terms. Material changes will be signposted by the “Last Updated” date and, where required, via in-app/App Store notice. Continued use after changes is acceptance.

13. Suspension & Termination

We may suspend or terminate immediately (with or without notice) if you violate these Terms/Fair Use/law; if we reasonably believe your use harms or risks the Service/infrastructure/others; or if required by law/court order/government request. Upon termination, your license ends; cease use. Termination does not entitle refunds (unless required by law or Apple). Surviving sections include ownership, disclaimers, limitation of liability, indemnity, dispute resolution.

14. Support & Feedback

Via our support website (limited). Feedback you submit grants us a perpetual, worldwide, royalty-free license to use/incorporate it.

15. Privacy

Use of the Service is subject to our Privacy Policy. The App may process device identifiers, notification metadata (timestamps/delivery outcomes), diagnostics, and telemetry necessary for operation, troubleshooting, Fair Use, and security.

16. Disclaimers

AS IS; NO WARRANTIES. The Service is provided “AS IS” and “AS AVAILABLE” without warranties, express or implied, including merchantability, fitness, non-infringement, delivery timeliness, or uninterrupted/error-free operation. No Emergency Use: Do not rely on the Service for emergencies.

17. Limitation of Liability

To the maximum extent permitted by law, Penso Technology S.r.l. and its affiliates/officers/employees/licensors are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits/revenues/data/goodwill/business opportunities, arising from or related to the Service. Our total liability shall not exceed the amounts you paid in the twelve (12) months preceding the event (or €10 if greater), unless a larger cap is mandated by law.

18. Indemnification

You agree to defend, indemnify, and hold harmless Penso Technology S.r.l., affiliates, officers, directors, employees, and licensors from/against claims/liabilities/damages/losses/expenses (including reasonable attorneys’ fees) arising from: (a) your use; (b) violation of Terms/law; (c) misuse of Device Token/instructions; (d) content you send via notifications.

19. Compliance, Export & Sanctions

You represent you are not in a comprehensively sanctioned country nor a listed sanctioned/denied party. You will comply with all applicable export/import/sanctions laws.

20. Governing Law; Venue; Dispute Resolution

These Terms are governed by Italian law. Exclusive venue is the courts of Rome, Italy, subject to mandatory consumer protections that may provide otherwise.

21. Severability; Waiver; Assignment

If any provision is invalid/unenforceable, it will be enforced to the maximum extent permissible; remaining provisions remain in full force. Our failure to enforce is not a waiver. You may not assign without our prior written consent; we may assign without restriction.

22. Entire Agreement

These Terms, the Privacy Policy, and any in-app notices constitute the entire agreement and supersede prior agreements.

23. Contact

Contact us via our support website.

Addenda

Addendum A — Automation Guidance (Fair Use Clarification)

Limited personal automation (e.g., reminders for your own device) is allowed. Bulk automation, notification farms, and distribution beyond your own device(s) are prohibited. If we detect sustained automated traffic inconsistent with personal use, we may throttle, review, or suspend.

Addendum B — Token Hygiene (Fair Use Clarification)

You must keep your Device Token private and rotate it if exposed. Sharing a token outside your control or using someone else’s token is misuse and may result in blocking or termination.