McPeak Bacon's Free Boomie App – Terms of Service
Effective date: 20 July 2026
These Terms of Service ("Terms") are a legal agreement between you and McPeak Bacon ("we", "us", or "our") governing your use of the McPeak Bacon's Free Boomie App mobile application (the "App").
1. Company Name and Legal Entity
McPeak Bacon and McPeak Bacon Software are brand, marketing, and product distribution names used for our apps and services. The business currently operates as the sole trader Bryce Daniel Bacon (ABN 73 321 707 296). When these Terms mention McPeak Bacon, McPeak Bacon Software, "we", "us", or "our", those references mean Bryce Daniel Bacon trading under that ABN, acting under the jurisdiction of the Australian Federal Government, in accordance with those levels of government, down to and including the state government in which McPeak Bacon operates (Victoria, Australia or the Victorian Government).
2. Acceptance of Terms
By using McPeak Bacon's Free Boomie App, you confirm that you have read, understood, and agree to these Terms, together with our Privacy Policy. If you are using the App on behalf of an organisation, you represent that you have authority to bind that organisation.
3. Eligibility
You must be at least the age of digital consent in your jurisdiction to use the App. If you are under the applicable age, you may only use the App with the consent and supervision of a parent or guardian.
4. License and Permitted Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple-branded devices that you own or control, strictly for your personal, non-commercial use, and in compliance with the Apple App Store Terms of Service.
5. User-Generated Content and Rights
You retain all rights to the videos, images, and other content that you import, edit, save, or share using the App ("Your Content"). We do not claim ownership of Your Content.
You represent and warrant that:
- You have all necessary rights, permissions, and consents to use, edit, and share Your Content through the App;
- Your Content does not infringe the intellectual property, privacy, publicity, or other rights of any third party; and
- Your Content complies with all applicable laws and these Terms.
6. Local-First Processing
McPeak Bacon's Free Boomie App is designed as a local-first app. Video import, trimming, reversing, looping, preview, and export are performed on your device. Unless a feature explicitly requires it, we do not upload Your Content to our servers, cloud storage, or third-party platforms. You are responsible for maintaining backups of Your Content.
7. Prohibited Use
You agree not to use the App to:
- Create, distribute, or share unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable content;
- Infringe any third-party intellectual property, privacy, or other rights;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except where expressly permitted by law;
- Remove, alter, or obscure any copyright, trademark, or proprietary notices;
- Distribute, rent, lease, sublicense, or sell the App;
- Interfere with or disrupt the App, its servers, networks, or security features; or
- Use the App for any purpose that violates applicable law or regulation.
8. Intellectual Property
All rights, title, and interest in and to the App, including its software, code, design, text, graphics, logos, trademarks, and service marks, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the App or our intellectual property except for the limited license set out above.
9. Availability, Updates, and Changes
We may update, modify, suspend, or discontinue the App (or any part of it) at any time without notice. We do not guarantee that the App will always be available, uninterrupted, secure, or error-free, or compatible with every device or iOS version. Updates may be required for continued use.
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, THAT YOUR CONTENT WILL BE PRESERVED WITHOUT LOSS OR CORRUPTION, OR THAT DEFECTS WILL BE CORRECTED.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR DIRECTORS, EMPLOYEES, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP OR ANY IN-APP PURCHASE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY AUSTRALIAN DOLLARS (AUD $50).
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by applicable consumer law that cannot lawfully be excluded.
12. Indemnification
You agree to indemnify, defend, and hold harmless McPeak Bacon (Bryce Daniel Bacon, sole trader), and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with Your Content, your use of the App, your violation of these Terms, or your violation of any rights of another person or entity.
13. Termination
These Terms remain in effect until terminated. We may suspend or terminate your license to use the App at any time, with or without cause and without notice. You may terminate these Terms by uninstalling the App and discontinuing use. Upon termination, all licenses granted to you will immediately cease. Sections that by their nature should survive termination will continue to apply.
14. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Australia and the State of Victoria, Australia, without regard to conflict-of-law principles. These laws include the jurisdiction of the Australian Federal Government, in accordance with those levels of government, down to and including the state government in which McPeak Bacon operates (Victoria, Australia or the Victorian Government), and any subsequent parties that fall under the jurisdiction in which those powers operate.
Any dispute arising out of or relating to these Terms or the App will first be addressed through good-faith negotiations. If the dispute cannot be resolved informally, it will be submitted to the exclusive jurisdiction of the courts located in Melbourne, Victoria, Australia, operating under the authority of the Australian Federal Government and the state government of Victoria.
15. Changes to These Terms
We may modify these Terms from time to time. Material changes will be reflected by an updated effective date at the top of this page and, where appropriate, an in-app notice. Your continued use of the App after the changes take effect constitutes acceptance of the revised Terms.
16. Contact Information
If you have any questions, concerns, or feedback about these Terms or the App, please contact us:
- Email: support@mcpeakbacon.com
- Business address: 10116 25037, The Gateway Shopping Village, Shop 38, 230 Cranbourne-Frankston Road, Langwarrin VIC 3910, Australia
- Website: mcpeakbacon.com/support.html
17. Apple App Store Terms
If you downloaded the App from the Apple App Store, you acknowledge that these Terms are between you and McPeak Bacon (Bryce Daniel Bacon, sole trader), not Apple Inc. Apple is not responsible for the App or its content. Apple has no obligation to furnish maintenance or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) to you.
