Effective 2026-07-24

Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between Brogan LLC (“Cluestick”, “we”, “us”) and the company or other legal entity that opens a Cluestick account (“Customer”, “you”). Cluestick is a support platform for iOS applications: you embed our Swift SDK in your own app, the people who use that app send support messages and files, and your support staff read and answer them in the Cluestick dashboard.

Sections are numbered so they can be cited. Where a section is referred to elsewhere in these Terms, the number is the reference.

1. Agreement and acceptance

You accept these Terms by opening a Cluestick account, by using the Service, or by embedding the SDK in an application. If you accept on behalf of a company, you represent that you are authorised to bind it, and “Customer” means that company. If you are not authorised, or you do not agree, do not use the Service.

These Terms, together with each of the following, are the entire agreement between us about the Service, and they replace any earlier proposal, representation or understanding on the same subject:

• the Data Processing Agreement at /legal/dpa, incorporated by Section 17; and
• any order form signed by both parties.

Nothing else is part of these Terms. In particular, our published prices are not incorporated into this agreement: the amounts published at /pricing are our then-current prices, and Section 7 governs which of them applies to you and how a change to them takes effect. Nor is our vulnerability disclosure policy: the policy, referred to in Section 6 and published at /legal, as updated from time to time, is not itself part of these Terms.

If a signed order form conflicts with these Terms, the order form controls, and only for the conflict. If the Data Processing Agreement conflicts with these Terms on the treatment of personal data, the Data Processing Agreement controls, as Section 17 provides.

2. Definitions

• Customer — the entity that has agreed to these Terms and holds a Cluestick account, together with the organisations, applications and members it creates inside that account.
• End User — an individual who uses the Customer’s application and contacts the Customer’s support through the Service.
• Customer Data — everything sent to or stored in the Service on the Customer’s behalf: conversations and messages, attachments, End User identifiers and device context, and the Customer’s own configuration and help-centre content. Customer Data does not include the Customer’s billing and account-administration records, which we hold as a controller in our own right.
• SDK — the Cluestick Swift software development kit, and its documentation, that the Customer embeds in its applications.
• Service — the Cluestick web application and dashboard, its APIs, the SDK, and the supporting infrastructure Brogan LLC operates.

3. Accounts

Registration details must be accurate and kept current, in particular the billing contact and the email address to which we send notices.

You are responsible for the security of your credentials, your API keys, and any session that uses them. An API key embedded in a distributed application is readable by anyone who has that application; treat it as a public identifier rather than a secret, and rotate it promptly if you believe it is being misused.

You are responsible for everything done under your account, including by the members you invite into your organisation. Owners and administrators control membership and role assignment. Removing a person’s access when they leave your team is your action to take.

Tell us at logan@brogan.io as soon as you suspect unauthorised access to your account.

4. Licence

For the term of these Terms, and while your account is in good standing, we grant you a non-exclusive, non-transferable, revocable right to:

• access and use the Service for your internal business purpose of supporting your End Users; and
• reproduce and distribute the SDK inside your own applications, in the form we publish it, as an embedded component of those applications.

You may not sublicense, resell, rent or otherwise make the Service available to anyone else except as an embedded part of your own application. You may not modify, decompile or reverse engineer the SDK, or create derivative works of it, beyond what applicable law permits or what the SDK’s own published licence allows; where the SDK is distributed under a separate open source licence, that licence governs the SDK.

This licence may be revoked as described in Section 13.

5. Customer obligations

You own the relationship with your End Users. We supply the software. We are not their support team, and we have no agreement with them.

You must have a lawful basis for the personal data you send to the Service, and you must give End Users whatever notice their law requires. Your published privacy disclosure must identify Cluestick (Brogan LLC) as a processor or service provider acting on your behalf, and must describe the categories of data you route through the Service.

You must not route special category data through the Service, whether in conversations, attachments, custom fields, or anywhere else. This includes:

• health, medical and mental-health information;
• biometric and genetic data;
• financial account numbers, payment card numbers, and other payment credentials;
• government identification numbers, including national identity, social security, passport, driving licence and tax identification numbers;
• precise geolocation; and
• data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life or sexual orientation.

The Service is not designed, certified or contractually equipped to hold that data. We do not offer a HIPAA business associate agreement, and the Service is not certified under PCI DSS. If an End User sends such data unprompted, delete the message or attachment, and use the End User deletion controls available to you, or ask us at logan@brogan.io. Configuring your application and your support prompts so that they do not invite this data is your responsibility.

Keep your SDK integration reasonably current so that it continues to receive corrections and security fixes.

6. Acceptable use

You must not, and must not permit anyone else to:

• use the Service in violation of any law, or to store or transmit unlawful, infringing, defamatory or malicious content, including malware;
• probe, scan or test the security of the Service other than as permitted by our vulnerability disclosure policy, or otherwise attempt to gain unauthorised access to the Service, to another customer’s data, or to the underlying infrastructure;
• resell the Service, or use it to build a competing product;
• interfere with the operation of the Service, circumvent rate limits or usage limits, or use it in a way that degrades it for other customers; or
• use the Service to send unsolicited bulk messages.

Attachments are limited to 25 MB per file and ten files per message. We may reject, remove, or refuse to store content that exceeds those limits, that breaches this section, or that we are legally required to remove. Where we remove content and are permitted to say so, we will tell you.

7. Fees

You pay our then-current published prices for the plan and the number of seats you subscribe to. Our current plans, seat allowances and per-seat prices are published at /pricing for reference; that page is not itself part of these Terms, and it may change as described below. There is a free plan and a paid plan. The paid plan is billed per active support seat, monthly or annually, at the then-current price for each billing period, fixed once that period begins. Adding a seat during a billing period adds its charge to that period, at the price then in effect for the plan.

Billing runs through Stripe. By subscribing you authorise us, acting through Stripe, to charge your payment method for the subscription and for seats added during a period. We do not receive or store your full payment card details.

Prices exclude taxes. You are responsible for sales, use, value added, goods and services and similar taxes, other than taxes on our income.

Fees are non-refundable except where a refund is required by law. You may cancel at any time; cancellation takes effect at the end of the current billing period, and the paid plan remains available to you until then. We may change published prices, and a change applies to your account from the start of the first billing period beginning after we notify you in the manner described in Section 14.

If a payment fails or an invoice is overdue, we may suspend the paid features of the account after notifying the billing contact.

8. Intellectual property

As between the parties, you own Customer Data and all rights in it. You grant us a non-exclusive, worldwide licence to host, store, transmit, display and otherwise process Customer Data solely in order to provide, secure and support the Service, and as further described in the Data Processing Agreement.

We own the Service, the SDK, the dashboard, our documentation, and everything we develop in connection with them, including every improvement to them. Nothing in these Terms transfers those rights to you; you receive the licence in Section 4 and nothing more.

If you send us feedback, suggestions or feature requests, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction and without obligation to you. We will not identify you as the source without your permission.

9. Confidentiality

Each party may receive non-public information from the other that is marked confidential, or that a reasonable person would understand to be confidential (“Confidential Information”). Customer Data is the Customer’s Confidential Information. The non-public parts of the Service, any pricing not published at /pricing, and our security documentation are ours.

The receiving party will use Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will disclose it only to those of its employees, contractors and professional advisers who need it and who are bound by comparable obligations.

These obligations do not apply to information that is or becomes public without a breach of this section; that the receiving party already held without a duty of confidence; that it receives from a third party free to disclose it; or that it develops independently without using the other party’s Confidential Information.

A party may disclose Confidential Information when legally compelled to, and will, unless the law forbids it, give reasonable prior notice so that the other party can seek protective treatment.

This section applies for three (3) years after the information is received, and for as long as the information remains a trade secret in the case of trade secrets.

10. Disclaimer

THE SERVICE AND THE SDK ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, BROGAN LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

We do not offer a service level agreement, and we make no commitment as to uptime, availability, latency, or the delivery of any particular message. We use commercially reasonable efforts to keep the Service available and to deliver messages promptly, and we may take the Service down for maintenance. Push notification delivery depends on Apple’s systems and is outside our control.

We do not warrant that the Service will be uninterrupted or error-free, or that it will meet your requirements. Keep your own copies of anything you cannot afford to lose; the export described in Section 13 exists for that purpose.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, OR LOSS OR CORRUPTION OF DATA, EVEN IF THE PARTY HAS BEEN ADVISED THAT THEY WERE POSSIBLE.

Each party’s total aggregate liability arising out of or relating to these Terms, whether the claim is in contract, tort or any other theory, is limited to the greater of (a) the fees paid by the Customer to Brogan LLC in the twelve (12) months preceding the event giving rise to the claim and (b) one hundred United States dollars (US$100).

These limits do not apply to your obligation to pay fees that are due, to your indemnity obligations under Section 12, or to liability that cannot be limited by law, including liability for fraud or wilful misconduct.

The limits in this section and in Section 10 allocate risk between the parties and are reflected in the price of the Service.

12. Indemnity

You will defend Brogan LLC and its officers, employees and contractors against any third-party claim arising from:

• Customer Data, including a claim that it infringes a right of a third party, or that it was collected, sent or used unlawfully;
• your applications and your relationship with your End Users, including a claim brought by an End User; or
• your breach of Section 5 or Section 6.

You will indemnify us for damages, costs and reasonable legal fees finally awarded against us, or agreed by you in settlement of such a claim.

We will notify you of the claim without undue delay, give you control of its defence, and cooperate with you at your expense. You may not settle a claim in a way that admits liability on our behalf, or that imposes an obligation on us, without our written consent.

13. Term and termination

These Terms begin when you first accept them, and continue until the account is terminated.

You may terminate at any time by cancelling any subscription, through the billing portal linked from your dashboard, and asking us at logan@brogan.io to close the account. There is no self-serve account closure control today, so closure is a request to us rather than a button you press, and we act on it and confirm when it is done. We may terminate for convenience on thirty (30) days notice by email.

Either party may terminate immediately if the other materially breaches these Terms and does not cure the breach within thirty (30) days of written notice. We may suspend or terminate immediately, without that cure period, if your use threatens the security or integrity of the Service or of another customer’s data, or if the law requires it.

After termination we retain Customer Data for thirty (30) days so that you can export it through the dashboard and the API. If the account is no longer accessible to you, ask us at logan@brogan.io during that window and we will produce the export. After the window closes we delete Customer Data from our production systems, and it ages out of backups on the ordinary backup cycle.

Sections 2, 7 (for fees accrued before termination), 8, 9, 10, 11, 12, this Section 13 (including the thirty (30) day export window and our commitment to delete Customer Data after it closes), 15, 16, 17 (the Data Processing Agreement, which governs the deletion and return of personal data after termination) and 18 survive termination, along with any other section that by its nature should.

14. Changes to these Terms

We may change these Terms. Where a change is material, we will give at least thirty (30) days notice before it takes effect, by email to the address registered on your account or by a notice inside the product. Changes that are not material, such as corrections and clarifications, take effect when they are published.

The date at the top of this page records when the current version took effect. Earlier versions are available on request at logan@brogan.io.

If you do not accept a material change, your remedy is to terminate under Section 13 before the change takes effect. Continuing to use the Service after that date is acceptance of the changed Terms.

15. Governing law

These Terms are governed by the laws of the State of Georgia, United States, without regard to its conflict of laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Georgia, United States, and each waives any objection to venue in those courts.

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Either party may seek injunctive relief in any court of competent jurisdiction in order to protect its intellectual property or its Confidential Information.

16. Notices

Send legal notices to us by email to logan@brogan.io. A notice to us is effective on the first business day after it is sent, unless the sender receives a delivery failure.

We send notices to the email address registered on your account, or through the product, and those notices are effective when sent. Keeping that address current is your responsibility under Section 3; a notice sent to an address you have allowed to go stale is still effective.

We do not accept legal notice through any other channel. A message sent through a support conversation, through in-app chat, or through a social media account is not notice.

17. Data processing

The Data Processing Agreement at /legal/dpa is incorporated into these Terms by reference and forms part of them. It governs our processing of personal data contained in Customer Data, where the Customer is the controller (or business) and Brogan LLC is the processor (or service provider). Where the Data Processing Agreement and these Terms conflict on the treatment of personal data, the Data Processing Agreement controls.

The vendors we disclose Customer Data to in order to run the Service are listed at /legal/subprocessors. The account and billing data we hold as a controller in our own right is described in the Privacy Policy.

Customers who require a countersigned copy of the Data Processing Agreement may request one at logan@brogan.io.

18. Miscellaneous

Severability. If any provision of these Terms is held to be unenforceable or invalid, that provision will be enforced to the greatest extent permitted by law, or, if it cannot be, severed from these Terms. The rest of these Terms remains in full force. Where a limitation of liability in Section 11 or the choice of forum in Section 15 is held unenforceable in whole or in part, the remainder of that provision continues to apply to every other claim and party.

Assignment. You may not assign or transfer these Terms, in whole or in part, whether by operation of law or otherwise, without our prior written consent, except that either party may assign these Terms in their entirety, on notice and without consent, to a successor in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets or of the business to which these Terms relate. Any other purported assignment is void. These Terms bind and benefit the parties and their permitted successors and assigns.

Force majeure. Neither party is liable for a delay or failure to perform, other than a failure to pay amounts that are due, caused by something outside its reasonable control, including act of God, natural disaster, war, terrorism, civil unrest, labour dispute, act of government, or the failure of a network, hosting provider, telecommunications carrier, or other third-party infrastructure.

Waiver. A failure or delay in enforcing a provision of these Terms is not a waiver of it. A waiver is effective only if it is in writing, and it applies only to the instance it names.

No third-party beneficiaries. These Terms create rights only between the Customer and Brogan LLC. No End User, and no other third party, is a beneficiary of them or may enforce them.

Independent contractors. The parties are independent contractors. These Terms create no partnership, joint venture, agency, fiduciary or employment relationship.

Export and sanctions compliance. Each party will comply with applicable export control, import and economic sanctions laws, including those of the United States. You represent that you are not located in, organised under the laws of, or ordinarily resident in a country or territory subject to comprehensive United States sanctions, that you are not a person with whom United States persons are prohibited from dealing, and that you will not make the Service or the SDK available to such a person or use it in a way those laws prohibit.

Publicity. Neither party may use the other’s name or marks publicly without prior written consent, except that we may identify you as a customer in a list of customers, and you may withdraw that permission at any time by telling us at logan@brogan.io.

Headings and interpretation. Section headings are for convenience and do not affect interpretation. “Including” means “including without limitation”. These Terms will not be construed against the drafting party.

Counterparts and electronic acceptance. Acceptance by the means described in Section 1, and any electronic signature on an order form, has the same effect as a handwritten signature.