McPeak Bacon's Music Player – Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and McPeak Bacon ("we", "us", or "our") governing your use of McPeak Bacon's Music Player for macOS (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 downloading, installing, or using the App, you confirm that you have read, understood, and agree to these Terms, together with our Privacy Policy.

3. What the App Is

The App is a desktop controller and overlay. It provides a floating playback bar for macOS with transport controls, global keyboard shortcuts, a menu bar item, and expandable panels, and it displays the YouTube Music web player inside an embedded browser view so you can control playback without switching windows.

The App does not host, store, stream, download, decrypt, convert, or redistribute any music, audio, video, or artwork. All media is played by the third-party web player, from that provider's own servers, using your own account.

4. Independence and No Affiliation

The App is an independent, unofficial product. McPeak Bacon is not affiliated with, endorsed by, sponsored by, or in any way officially connected to Google LLC, YouTube LLC, YouTube Music, Alphabet Inc., or any of their subsidiaries or affiliates.

All product names, logos, trademarks, and registered trademarks referenced in the App or on this website are the property of their respective owners, and are used only for identification and descriptive purposes. Such use does not imply any affiliation with or endorsement by those owners.

5. Third-Party Services and Your Account

The App requires you to sign in to your own third-party music account to function. Your use of that service is governed entirely by that provider's own terms of service and privacy policy, in addition to these Terms.

You are responsible for ensuring that your use of the App complies with the terms of service of any provider you connect to it. Some providers restrict how their services may be accessed. If a provider's terms prohibit your intended use, you must not use the App for that purpose. We make no representation that use of the App is permitted under any third-party provider's terms.

We never ask for, receive, transmit, or store your username, password, or account credentials. Sign-in happens directly between you and the provider inside the embedded browser view.

6. 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.

7. Licence and Permitted Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the App on Apple-branded devices that you own or control, for your personal, non-commercial use.

You may not sell, rent, sublicense, or redistribute the App; remove or alter any proprietary notices; or use the App to breach any law or any third party's rights.

8. Prohibited Use

You agree not to use the App to:

• Download, record, rip, capture, or otherwise make copies of streamed media;
• Circumvent, disable, or interfere with any digital rights management, access control, geographic restriction, or advertising mechanism of any third-party service;
• Publicly perform, broadcast, or commercially exploit media accessed through the App;
• Breach the terms of service of any connected provider; or
• Breach any applicable law.

9. Availability, Updates, and Breakage

The App interacts with a third-party web player that we do not control and that may change at any time without notice. Such changes may cause features of the App to degrade or stop working. We may update, modify, pause, or discontinue the App at any time, and we are under no obligation to provide updates, fixes, or continued compatibility.

10. Free Software and No Fees

The App is provided free of charge. It contains no in-app purchases and no subscription of its own. Any subscription required by a third-party music provider is a separate matter between you and that provider.

11. No Warranty

To the maximum extent permitted by law, the App is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the App will be error-free, uninterrupted, secure, or compatible with any particular service.

12. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable law that cannot lawfully be excluded. Where our liability for a failure to comply with a non-excludable consumer guarantee may be limited, our liability is limited, at our option, to re-supplying the App or paying the cost of having it re-supplied.

13. Limitation of Liability

Subject to clause 12, to the maximum extent permitted by law, McPeak Bacon is not liable for any indirect, incidental, special, consequential, or punitive loss or damage, or for any loss of data, profits, revenue, goodwill, or business interruption, arising out of or in connection with your use of the App, including any action taken against your account by a third-party provider.

14. Suspension and Termination

You may stop using the App at any time by deleting it from your device. We may cease distributing or supporting the App at any time. Clauses 4, 5, 11, 12, 13, and 16 survive termination.

15. Changes to These Terms

We may update these Terms from time to time. The "Effective date" above will be updated when we do. Continued use of the App after a change means you accept the updated Terms.

16. Governing Law

These Terms are governed by the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

17. Contact

For support, questions, or legal enquiries, contact support@mcpeak.software.