Terms and Conditions

Last Updated: August 18, 2026
Version: 1.5

1. Introduction and Acceptance

Welcome to Bommie, a dive site discovery and management mobile application designed for scuba divers, snorkelers, and marine enthusiasts. The Bommie mobile application (the “App”) and www.bommie.app (the “Site”) are owned and operated by Mayfly Ink Pty Ltd ACN 660 868 575 (“Mayfly Ink" or “Bommie”). These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“user” or “you”) and Bommie (“we,” “us,” or “our”) governing your access to and use of the Bommie mobile application and related services (collectively, the “Service”). By downloading, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

2. Critical Safety Notice and Assumption of Risk

Diving is an inherently dangerous activity. Scuba diving, freediving, snorkeling and spearfishing carry significant risks, including but not limited to decompression sickness, drowning, marine life injuries, and environmental hazards.

By using Bommie, you acknowledge and agree that:

  1. Not a Safety Device: Bommie is a planning and discovery tool, not a safety device. It is not a substitute for professional training, local knowledge, or your own physical assessment of conditions.
  2. Data Accuracy: Weather scores, visibility predictions (“Bommie Pulse”) are estimates based on third-party data sources, algorithmic modeling and community sourced opinion. They may fail to reflect actual, real-time conditions.
  3. Community Opinion: User generated content is not vetted for accuracy, bias, or completeness, and relying on it carries the risk of encountering misleading, outdated, or potentially dangerous information (e.g. inaccurate descriptions of local regulations, beach patrol times, potential hazards).
  4. Assumption of Risk: You assume all risks associated with your diving activities. You are solely responsible for ensuring you have appropriate certification, equipment, and fitness to dive. You must independently verify conditions before entering the water.
  5. Not for Navigation: Maps and depth data provided within the Service are for general orientation only and must not be used for marine navigation.
  6. Local Regulations: You are responsible for checking and complying with all local regulations, including those related to swimming restrictions and fishing zones before entering the water or executing any dive.

3. Eligibility and Accounts

  1. Age Requirement and Parental Consent: The Service is not directed to children under the age of 16. If you are between the ages of 16-18 you may only register for and use the Service under the direct supervision and with the consent of a parent or legal guardian, who agrees to be bound by these Terms. No individual under 16 may use the Service or provide any Personal Data to Bommie (e.g. a name or email address).
  2. Access and Account Registration: Creating an account is optional and is only required to access user generated content, personalisation or device-sync features (e.g. bookmarking favorite sites, posting reviews, or creating custom profiles):
    1. Free Guest Access: You may download the App and browse dive sites, search geographical regions, and view basic site information without creating an account. As a Guest user, you are still bound by these Terms. Guest users may create a verified account to save-and-sync limited account activity across platforms and devices.
    2. Anonymous Access: Creating an account is optional to access premium features. To access premium features including viewing detailed site information, community posts and reviews, and weather intelligence, you must upgrade to a paid tier (see Section 4).
    3. Verified Account Access: Creating an account is required to access premium user generated content features such as bookmarking favourite sites, posting reviews, uploading media, or editing site descriptions. You must create an account via email/password or third-party authentication (Sign in with Google or Apple). You represent and warrant that all registration information you submit is truthful, accurate, and that you will maintain the accuracy of such information at all times.
  3. Account Security and Prohibition on Sharing: You are responsible for maintaining the confidentiality of your login credentials and for all activities, including payments, that occur under your account. You may not share your account or credentials with any other person. You agree to notify us immediately at support@bommie.app if you suspect any unauthorized access to your account. Bommie will not be liable for any losses arising from unauthorized use of your credentials.
  4. Account Monitoring, Suspension, and Termination: You may delete your account at any time through the app settings. We reserve the right, but have no obligation, to monitor accounts and user activity. We may suspend or terminate your account and access to the Service immediately, without prior notice and without a refund, for reasons including but not limited to:
    1. A violation of these Terms;
    2. If we determine your conduct creates a risk of legal or financial exposure for Bommie;
    3. Technical or security issues;
    4. Nonpayment of any fees owed.
  5. Legal Compliance: By using the Service, you represent and warrant that:
    1. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
    2. You are not on any U.S. Government list of prohibited or restricted parties.

4. Subscriptions and Payments

Bommie offers tiered access to the Service, including Free Guest, Plus (one-time purchase), and Pro (recurring subscription) tiers.

  1. Third-Party Payment Processing: All payments are processed directly by the applicable app store (Apple App Store or Google Play Store) via our third-party transaction facilitator. We do not collect or store your billing, credit card, or payment details on our servers, and we are not responsible for the security of third-party payment data. Your purchase will be subject to the terms and agreements of the relevant App Store.
  2. Plus Tier (One-Time Payment): The Plus tier is a one-time purchase granting "perpetual" access to designated premium features, including detailed site descriptions, advanced filters, and community-generated content.
    1. Definition of Perpetual Access: For the purposes of this tier, "perpetual" access means that your access to these premium features will continue until the sooner of:
      1. Eighty (80) years from the date of your purchase;
      2. Mayfly Ink ceasing to commercially support, maintain, or offer the Bommie application or the specific Plus tier features altogether.
    2. No Subscription Conversion: We will not charge you a recurring fee for these specific grandfathered features. However, "perpetual" access does not guarantee that these features will remain unmodified, error-free, or compatible with all future operating systems, nor does it grant you access to any newly released paid tiers, services, or subscription-only features (such as Pro tier predictive scoring).
  3. Pro Tier (Recurring Subscription) and Auto-Renewal: The Pro tier involves a recurring subscription fee for access to advanced weather intelligence and predictive scoring (Bommie Pulse). Pro subscriptions automatically renew for successive terms of the same duration (e.g., monthly or annually) at our then-current rate, unless you cancel your subscription before your renewal date.
  4. How to Cancel Your Subscription: To prevent automatic renewal charges, you must cancel your subscription through your mobile platform’s native settings. You may need to consult official instructions depending on your device and operating system:
    1. Apple App Store (iOS): Open your device’s Settings, select your Apple Account name, tap Subscriptions, select the Bommie subscription, and choose Cancel Subscription.
    2. Google Play Store (Android): Open the Google Play App, tap your profile menu, select Payments & Subscriptions, navigate to Subscriptions, select the Bommie subscription, and choose Cancel Subscription.
  5. Promotional Offers and Free Trials: We may occasionally offer free trials or promotional discounts. If you sign up for a free trial or promotional offer that automatically converts to a paid subscription, you must cancel the subscription before the trial period ends to avoid being charged the full subscription fee on your designated Payment Method.
  6. Failed Payments and Uncollected Balances: If a payment transaction fails or cannot be charged due to an expired or invalid payment method, you remain responsible for any uncollected amounts. We reserve the right to automatically downgrade your account to the Free tier or suspend access to premium services until payment is successfully processed.
  7. Refunds and Outage Disclaimer: All subscription purchases on the Apple App Store and Google Play Store are final, and we do not issue refunds or credits for any partial subscription periods. Any refund request must be submitted directly to the Apple App Store or Google Play Store and is governed by their respective refund policies. Bommie disclaims all liability and responsibility for third-party billing outages, system downtime, or payment processing failures caused by Apple, Google, or our third-party subscription facilitator.
  8. Changing Fees and Charges: We reserve the right, in our sole discretion, to change the fees and charges for our paid services, or to institute entirely new fees and charges, at any time and from time to time:
    1. Pro Tier (Recurring Subscriptions): We will provide you with reasonable advance notice of any subscription price changes (which will be at least thirty (30) days’ notice) via the App, email, or other reasonable electronic communication. Any price change will only take effect on your next scheduled Renewal Date. If you do not agree to the price change, you must cancel your subscription through your App Store settings in accordance with Section 4.4 before the change becomes effective; your continued use of the Pro tier after the price change takes effect constitutes your agreement to pay the updated amount.
    2. Plus Tier (One-Time Purchase): We may change the purchase price of the one-time Plus tier at any time. However, any such price updates will only apply to new purchases and will not retroactively affect or require additional payments from users who have already purchased and completed their Plus tier transaction.

5. Intellectual Property & Restrictions

  1. Bommie Ownership: The Service, including its source code, "Bommie Pulse" weather scoring algorithms, visual interfaces, and text, is the proprietary property of Bommie and is protected by copyright and intellectual property laws.

  2. Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install and use the App solely for your personal, non-commercial use on any mobile device that you own or control. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store, you will only use the App on an Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. If you access or download the App from the Google Play Store, you may have additional license rights with respect to your use of the App in accordance with Google Play's terms.

  3. Prohibited Activities and Use Restrictions: You agree that you will not, and will not assist, permit, or authorize any third party to:

    1. Commercial Exploitation: Use the Service, its maps, dive site databases, or "Bommie Pulse" weather intelligence for any commercial purpose (including commercial guiding, charter operations, or paid training) without our express, prior written consent;
    2. AI and Machine Learning: Use any content, data, or media from the Service in connection with the development of any software program, including but not limited to training, testing, or refining machine learning or artificial intelligence (AI) systems;
    3. Unauthorized System Access: Access the Service’s backend servers, databases, or APIs in an unauthorized manner, or attempt to probe, scan, or test the vulnerability of Bommie’s computer systems, networks, or hosting environments;
    4. Paywall and Security Bypassing: Circumvent, decrypt, disable, or tamper with any digital rights management, licensing checks, transaction verification, or security measures used to protect premium features (Plus and Pro tiers);
    5. Automated Mining and Scraping: Use automated software, scripts, spiders, robots, or manual scraping tools to mine, harvest, or strip data, map tiles, weather metrics, or user profiles from the Service;
    6. System Disruption: Upload or transmit any software viruses, malware, or computer code designed to interrupt, destroy, or limit the functionality of the Service or any hardware linked to it.

    Any unauthorized use or security breach of the Service immediately and automatically terminates your license to use the App, and Mayfly Ink reserves the right to take appropriate civil, contractual, or criminal legal action.

6. User-Generated Content (UGC) and Conduct

  1. UGC Ownership & Licensing: You retain ownership of the photos, videos, posts, reviews, and other material you submit to the Service ("User Material"). By submitting User Material, you grant Bommie an irrevocable, perpetual, worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, display, reproduce, modify, edit, and distribute your content in connection with the operation, improvement, and promotion of the Service across any online or offline media channels now known or hereafter developed.
  2. Content Standards: You represent and warrant that you own or control all rights to the User Material you submit, that it does not infringe any third-party intellectual property or privacy rights, and that it complies with all laws. You agree that you will not upload, post, or transmit any content, or conduct yourself in a manner that:
    1. Is false, inaccurate, misleading, or fraudulent;
    2. Is obscene, pornographic, sexually explicit, or profane;
    3. Is defamatory, discriminatory, libelous, threatening, abusive, harassing, or hateful;
    4. Promotes hate speech, violence, or discrimination based on race, ethnicity, religion, gender, age, sexual orientation, disability, or nationality. Hate speech of any kind is grounds for immediate and permanent suspension of access to the Service;
    5. Encourages conduct that would constitute a criminal offense or give rise to civil liability;
    6. Contains viruses, malicious files, or spam;
    7. Stalks, harasses, abuses, or harms other users of the Service.
  3. Zero-Tolerance Policy: We maintain a zero-tolerance policy for objectionable content or abusive behavior on our platform. Any user-generated content that is flagged as objectionable or violating these standards will be reviewed and removed immediately, and we reserve the right to permanently terminate or suspend the offending user's account without a refund.
  4. In-App Reporting and Blocking Mechanisms: To ensure a safe community, the App provides built-in tools allowing you to report objectionable content and block abusive users. If you encounter content or conduct that violates these Terms, please utilize the in-app reporting button adjacent to the content (post, review, bommie), or email our support team directly at support@bommie.app. We commit to reviewing all flagged content and reports within twenty-four (24) hours of receipt.
  5. Content Moderation Discretion: We reserve the right, but have no obligation, to pre-screen, monitor, review, edit, or remove any User Material at our sole discretion, without notice and for any reason, particularly if we believe the content violates these Terms or is otherwise inappropriate.
  6. User Feedback: We appreciate your input as it helps us improve our Service. By offering Bommie any feedback or suggestions about the Service ("Feedback"), you agree that we have the unrestricted right to use this Feedback in any way we see fit. Please note that any Feedback you provide is not considered confidential or proprietary to you. Therefore, we ask that you avoid submitting any information or ideas you deem confidential or proprietary.
  7. User Generated Content Indemnification: To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Bommie and its officers, directors, and employees from any and all third-party claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or in connection with the User Material you submit, your placement or transmission of any content through the Service, or your breach of this Section 6.

7. Offline Functionality

The Service includes offline capabilities, allowing cached data (such as map regions and site info) to persist for up to 7 days. You acknowledge that:

  1. Offline data may become outdated.
  2. We do not guarantee the availability or accuracy of cached data when you are without a network connection.
  3. Certain features (e.g., live weather scoring) require an active internet connection.

8. Third-Party Services and Data Licenses

The Service utilises third-party providers and open data sources for mapping data and satellite imagery, weather data, secure third-party cloud infrastructure and database hosting networks, third-party transaction and billing facilitators. Your use of the Service is subject to the terms and privacy policies of these third parties.

  1. Mapping Services (OpenStreetMap, OpenFreeMaps, and MapLibre): Base maps and satellite imagery are rendered using MapLibre open-source software and are sourced from OpenFreeMaps and OpenStreetMap. OpenStreetMap data is distributed under the Open Database License (ODbL). For more information regarding OpenStreetMap's data sources and the ODbL, please visit www.openstreetmap.org/copyright.
  2. NSW Marine LiDAR Topo-Bathy Data: The maps include a data layer displaying NSW bathymetry sourced from marine lidar surveys. This data is provided under a Creative Commons Attribution license. © State Government of NSW and NSW Department of Climate Change, Energy, the Environment and Water 2019, NSW Marine LiDAR Topo-Bathy 2018 Geotif, accessed from The Sharing and Enabling Environmental Data Portal https://datasets.seed.nsw.gov.au/dataset/45089194-912d-4ecf-8200-969e0796afee. The State of New South Wales and its custodial agencies disclaim all responsibility and liability (including without limitation, liability in negligence) for all expenses, losses, damages, and costs you might incur as a result of the information being inaccurate or incomplete in any way, and for any reason.
  3. Open-Meteo: Weather data sourced from Open-Meteo is provided under the Attribution 4.0 International (CC BY 4.0) license.
  4. Copernicus Data and Marine Services:
    1. Copernicus Data Space Ecosystem (CDSE): The Service uses modified Copernicus Sentinel Data and Copernicus Service Information. Access to and use of this data is regulated under EU law and Copernicus data policies, which grant free, full, and open access to the data.
    2. Copernicus Marine Environment Monitoring Service (CMEMS): The Service utilizes marine data and information provided by the Copernicus Marine Service (CMEMS), which is operated by Mercator Ocean International on behalf of the European Union. Your use of this marine data is subject to the Licence to Use the Copernicus Marine Service Products, and you agree to comply with all terms, conditions, and credit/citation requirements set out in that Licence.
  5. Google Cloud Translation API: Google Translate is used to power the translation of user reviews and dive site information within the application. For more information, please visit the Cloud Translation site at https://cloud.google.com/translate.
  6. Cloud Infrastructure and Secure Storage: We utilise global cloud infrastructure, domain name system (DNS) routing, website optimization, and secure object storage networks to host and deliver our Service. By using the Service, you acknowledge that your interactions with our Site and App are routed through these secure global content delivery networks.

9. Availability And Modification of Service

While we strive to provide the best possible service, we do not guarantee that the Service will meet all your requirements, be entirely fault-free or remain available in perpetuity.

  1. Reporting Faults and Maintenance: If you encounter a fault with the Service, please report it to us at support@bommie.app. We will review the feedback or complaint and, where deemed appropriate, correct the issue. Access to the Service may be temporarily suspended to address faults or to allow for repairs, maintenance, or the introduction of new features or Services. We will restore the Service as quickly as is reasonably possible. We will not be held liable if the Service is unavailable for a commercially reasonable period.
  2. Updates and Discontinuation: You acknowledge and agree that we reserve the right to update, modify, or temporarily or permanently discontinue any features or functionality within the Service, with or without prior notice.

10. Disclaimers and Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE BOMMIE ENTITIES TO YOU.

10.1. "As Is" and "As Available" Basis

To the fullest extent permitted by applicable law, the service, including the "Bommie Pulse" algorithms, map data, and user-generated content, is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information provided through the service, and any reliance you place on such information and/or data is therefore strictly at your own risk.

10.2. Assumption of Risk and Safety Warning

ACTIVITIES ASSOCIATED WITH THE SERVICE, INCLUDING SCUBA DIVING, FREEDIVING, SNORKELING, AND SPEARFISHING, ARE INHERENTLY DANGEROUS AND INVOLVE A SIGNIFICANT RISK OF INJURY, PERMANENT DISABILITY, DEATH, AND PROPERTY DAMAGE.

  1. No Safety Guarantees: You understand that Bommie is a discovery and planning tool, not a safety device. The Service does not assess your physical fitness, certification level, or equipment suitability.
  2. Independent Judgment: You acknowledge that you are solely responsible for your own safety. You must exercise independent professional judgment and verify conditions physically before entering the water. You agree not to rely solely on the Service for safety decisions.

10.3. Accuracy of Data and Algorithmic Predictions

The Service utilizes third-party data and proprietary algorithms (including "Bommie Pulse") to estimate dive conditions. You acknowledge that:

  1. Algorithmic Limitations: Weather scores (0-100), visibility predictions (metres), and "Best Window" suggestions are theoretical estimates based on data points such as wind, swell and available satellite data. These algorithms may fail to account for local anomalies, sudden weather changes, or specific site geography.
  2. Real-World Conditions: Actual real-world conditions may differ significantly from the data provided in the App. A high "Bommie Pulse" score does not guarantee safety, nor does a low score guarantee danger.
  3. Not for Navigation: Maps, depth data, distance tools, and GPS coordinates provided within the Service are for general recreational orientation only and must not be used for marine navigation or precision positioning.

10.4. Offline and Cached Data

Bommie allows for the caching of map regions and site information for offline use. You acknowledge that:

  1. Data Latency: Cached data may persist on your device for up to 7 days and may become outdated, inaccurate, or unsafe during that period.
  2. No Updates: We cannot provide safety alerts, updated weather scores, or hazard warnings while your device is offline. Reliance on cached data is strictly at your own risk.

10.5. Third-Party Data Disclaimers & User Content

Weather, marine, and environmental data are sourced from third parties, including Open-Meteo and the Copernicus Data Space Ecosystem. All such third-party data is provided strictly on an “as is” basis, without any express or implied warranty regarding its quality, accuracy, completeness, or suitability for any purpose. We are not liable for errors, omissions, or service interruptions caused by these third-party providers.

  1. Open-Meteo Liability Waiver: Open-Meteo assumes no responsibility for any inaccuracies or omissions in the data, their availability, or any losses or damages resulting from their usage. Open-Meteo disclaims all liability under their terms of use, whether arising from contract, tort, or any other cause.

  2. Copernicus Programme General Liability Waiver: By using the Service, you acknowledge and agree that the organisations in charge of the Copernicus programme by law or by delegation (including but not limited to the European Union, the European Commission, the European Space Agency (ESA), EUMETSAT, and the European Centre for Medium-Range Weather Forecasts (ECMWF)) do not incur any liability for any use made of the Copernicus Sentinel Data or Copernicus Service Information. You explicitly renounce any claims for damages against the European Union and the providers of said data and information.

  3. Copernicus Marine Service (CMEMS) & Mercator Ocean Disclaimer: You explicitly acknowledge that the Copernicus Marine Service (CMEMS) products, data, and information are provided strictly on an "as is" and "as available" basis, without any express or implied warranty of any kind, including but not limited to warranties regarding their quality, accuracy, availability, reliability, speed, completeness, or suitability for any purpose. Mercator Ocean International and the European Commission exclude all warranties, conditions, terms, undertakings, or obligations (express or implied by statute) to the fullest extent permitted by law. Neither Mercator Ocean International nor the European Commission shall be held liable for any damage or loss (whether direct, indirect, or consequential) resulting from your use of the Copernicus Marine Service Products, Information, or associated documentation.

  4. Google Translation Liability Waiver: The Service contains content that has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the App, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from the source language into any other language.

    THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

  5. User Materials: The Service contains content submitted by users (e.g., potential hazards, site descriptions, photos, videos, reviews). We do not verify the accuracy or safety of User-Generated Content and serve only as a passive conduit for such distribution. We are not liable for any inaccuracies or misrepresentations in content posted by other users.

10.6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW), UNDER NO CIRCUMSTANCES WILL BOMMIE, ITS AFFILIATES, OFFICERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO BOMMIE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100 AUD).

10.7. Jurisdictional Exclusions

Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for certain damages. Accordingly, some of the above limitations may not apply to you. If you are a resident of Australia, nothing in these terms excludes, restricts, or modifies any guarantee, right, or remedy implied or imposed by the Australian consumer law which cannot be lawfully excluded or limited.

11. Indemnification

You agree to indemnify, defend, and hold harmless Bommie, its officers, directors, and employees from any claims, liabilities, damages, and expenses (including legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any third-party rights.

12. Governing Law

These Terms are governed by the laws of Australia. You agree to submit to the exclusive jurisdiction of the courts located within Australia for the resolution of any disputes.

13. Electronic Communications

By creating an account or using the Service, you consent to receive communications from us electronically, primarily via the email address associated with your account or through in-app notifications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

14. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the App or via email. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

16. Contact Us

If you have any questions about these Terms, please contact us at:

17. Supplemental Terms for Apple App Store Sourced Applications

The following supplemental terms apply only to users who access or download the App from the Apple App Store. If you downloaded the App from the Google Play Store, these specific provisions do not apply to you:

  1. Acknowledgement: You acknowledge and agree that these Terms are concluded between you and Bommie only, and not Apple, and that Bommie, not Apple, is solely responsible for the App Store Sourced Application and content thereof.
  2. Maintenance and Support: Bommie is solely responsible for providing any maintenance and support services with respect to the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  3. Warranty: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Bommie.
  4. Product Claims: You acknowledge that Bommie, not Apple, is responsible for addressing any claims of the user or any third party relating to the App or the user's possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  5. Intellectual Property Rights: In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Bommie, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  6. Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.