Terms of Use

1. Who we are

MegaMac (megamac.app) is run by Shreyas Garehatti Sridhara, a sole proprietor, of Sri Krupa, 3rd Cross, 2nd Phase, Davalagiri Badavane, Chitradurga, Karnataka 577501, India ("MegaMac", "we", "us"). Contact: legal@megamac.app. These Terms of Use ("Terms") are a binding agreement between you and us.

2. How our documents fit together

• These Terms cover the website, purchases and your relationship with us.
• The License (EULA) covers your right to use each app.
• The Acceptable Use Policy sets out what you may and may not do with the apps.
• The Privacy Policy explains what data is handled and why.
• The Refund and Cancellation Policy explains when money comes back.
• Dodo Payments sells you the apps as our merchant of record. Its buyer terms and privacy policy govern the payment itself.

Together these are the "Agreement". If they conflict, the more specific document wins for its topic. Nothing in the Agreement limits rights you have under mandatory consumer law.

3. Accepting these Terms

By using the website, buying an app, or installing, activating or using an app, you accept the Agreement. If you don't accept it, don't use MegaMac. By completing a purchase you confirm that you've read the Agreement.

4. Who can use MegaMac

• You must be at least 16. If you are 16 or 17, you need a parent's or guardian's permission. By allowing the purchase, they accept the Agreement on your behalf and are responsible for your use.
• You must be legally able to enter into this Agreement where you live, and not be barred from buying or using software under any law that applies to you.

5. What MegaMac is, and isn't

• Our apps are for fun and entertainment, plus a few simple utilities.
• They are not safety, security, anti-theft, alarm, medical, wellbeing, accessibility, parental-control, monitoring or productivity products. Do not rely on them for any of those purposes.
• An app that reacts when a charger is unplugged is a joke, not an alarm. An app that notices you looking at your phone is not a focus tool.
• Detection features (motion, power, lid, camera and similar) can miss events or trigger when you don't expect them.
• Apps run on your Mac. Whether they work depends on your Mac, its settings and macOS. Each app's page lists what it needs. Check before you buy.

6. Buying apps

• Seller. Purchases are processed by Dodo Payments, our merchant of record, which handles payment, invoices and sales taxes. Your statement may show "Dodo Payments".
• Prices. Prices are shown in the currency on screen and include VAT or GST where we must show it. The price at checkout is the price you pay.
• Bundles, packs and codes. Bundle and pack discounts apply automatically. Only one discount applies per order: if you enter a code, we keep whichever saves you more. Offers can change, can differ between customers, and run only for the dates shown.
• Price errors. If a price is obviously wrong because of an error, we or Dodo may cancel the order and refund it in full instead of delivering it.
• Delivery. After payment you get your license key or keys by email and on the thanks page, with download links. Delivery starts immediately.
• All sales are final. By paying, you ask us to deliver straight away and accept that you lose any right to cancel once the download starts. See the Refund and Cancellation Policy for the limited cases where money comes back.
• What you get. A license to use the app, not ownership of the software. See the EULA.

7. Your sounds, files and other content

Many of our apps play sounds, clips or images that you choose: things you record, import, paste or download ("your content"). Your content is yours, and so is the responsibility for it.

• You confirm you have every right and permission needed to use, copy and play your content. That includes music, film, TV and game clips, other creators' audio, and other people's voices or images.
• We don't supply, check, host, store, approve or control your content. It stays on your Mac.
• You alone are responsible for any copyright, trademark, privacy, publicity or other claim arising from your content, and for how, where and to whom you play or share it.
• If you post videos made with our apps, you're responsible for the consent of everyone who appears or can be heard in them, and for following the rules of the platform you post on.

8. How you use the apps

You decide how, where, when and on whom you use our apps, and you're responsible for the results. In particular you agree to follow the Acceptable Use Policy, including:

• pranks only on Macs you own, or with the owner's agreement;
• never using cameras, microphones or sensors to watch, record or monitor another person;
• never playing sounds at volumes or in places that could hurt someone's hearing, cause panic or put anyone at risk.

9. Your Mac and your stuff

Some of our apps react when you tap, slap, lift, unplug or otherwise physically interact with your Mac. To the maximum extent permitted by law:

• A light tap is all any app needs. You use these features at your own risk.
• We are not responsible for any damage to your Mac or anything else. That includes cracked or damaged screens, hinges, keyboards, trackpads, ports, cables, chargers or other components, liquid spills, drops, lost or corrupted data, and any warranty or AppleCare coverage voided because of physical damage.
• Sudden sounds, flashes or volume changes are part of how some apps work. If you or anyone nearby is sensitive to loud noise or flashing images (including photosensitive epilepsy), don't use those features.

10. Consequences around you

Pranks and sudden sounds can startle people, embarrass you or others, upset someone, start an argument, or break the rules of a school, workplace, library or other place. You use these features knowing that, and at your own risk. We are not responsible for social, academic, workplace, disciplinary or relationship consequences of how you use the apps. Use your judgement about who is around, including anyone who is unwell, elderly, pregnant, has a heart condition, or is driving or operating machinery.

11. Our content

The website, the apps, their code, design, names, logos, icons, characters (including Ponky), built-in sounds and other materials belong to us or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell or create derivative works from them except as the EULA allows or the law permits. If you send us feedback or ideas, we may use them freely without owing you anything.

12. Disclaimer

To the maximum extent permitted by law:

• the website and apps are provided "as is" and "as available", with all faults;
• we do not promise that they will be uninterrupted, error-free, secure, accurate, compatible with your Mac or with future versions of macOS, or fit for any particular purpose;
• we exclude all implied warranties, conditions and terms, including merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.

If you're a consumer, you keep the rights the law gives you for digital content that is faulty or not as described. This section does not remove them.

13. Limitation of liability

To the maximum extent permitted by law:

1. We are not liable for any loss or damage caused by how you or anyone else uses the apps. That includes: your content and any third-party claims about it; pranks and people's reactions to them; physical damage to your Mac or other property; loss of data, files, sounds or recordings; detection that misses or triggers unexpectedly; and relying on an app as an alarm, monitor or safety tool.
2. We are not liable for indirect, incidental, special, consequential, exemplary or punitive losses, or for loss of profit, revenue, business, goodwill, data or opportunity, even if they were foreseeable.
3. Our total liability to you for all claims connected with MegaMac is limited to the greater of (a) what you paid us in the 12 months before the event giving rise to the claim and (b) €20 (or the equivalent in your currency).

What we never exclude. Nothing in the Agreement excludes or limits liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, gross negligence or wilful misconduct, liability under product-liability law, or any other liability that cannot lawfully be excluded or limited. Where the law of your country makes us liable for ordinary negligence in breaching an essential obligation of this contract, our liability is limited to foreseeable damage typical for this kind of contract.

14. Indemnity

To the maximum extent permitted by law, you agree to cover our reasonable losses, costs and legal fees arising from a third-party claim caused by your content, your breach of the Agreement, your misuse of the apps, or your violation of anyone's rights. If you're a consumer, this applies only where you acted intentionally or negligently.

15. Suspension and termination

• We may suspend or end your access to the website, and deactivate license keys, if you seriously or repeatedly break the Agreement, if a payment is refunded or reversed, or if the law requires it. Where it's fair and lawful, we'll tell you first and give you a chance to fix the problem.
• Sections that by their nature should continue (including 7, 9 to 14, 16 and 18) survive termination.

16. Law and disputes

1. Governing law. The Agreement and any dispute connected with it are governed by the laws of India, without regard to conflict-of-laws rules.
2. Talk to us first. Before starting any formal proceedings, email legal@megamac.app describing the problem. We'll both try in good faith to resolve it within 30 days.
3. Arbitration. Any dispute not resolved within those 30 days will be finally settled by binding arbitration under India's Arbitration and Conciliation Act, 1996, before a sole arbitrator. The seat of arbitration is Bengaluru, Karnataka, India, and the language is English.
4. Individual claims only. Disputes are resolved individually. They may not be joined with others or brought as a class, collective or representative action.
5. Exceptions. Either of us may go to a competent court for intellectual-property claims, piracy, unauthorised access, or urgent injunctive relief. Subject to point 6, the courts at Bengaluru, Karnataka have jurisdiction over these.
6. Your consumer rights. Points 3 and 4 don't apply where mandatory law in your country lets you bring claims in your local courts or consumer bodies, or makes arbitration or class-action waivers unenforceable against consumers. This covers most consumers in the EU, EEA and UK. If you're a consumer in India, you can approach the Consumer Commissions under the Consumer Protection Act, 2019.

17. Changes

We may update the Agreement, for example when we add apps or the law changes. For material changes (to your rights, obligations, prices or how the apps work) we'll give at least 30 days' notice on the website before they take effect. Minor changes, such as clarifications, apply when posted. Changes never take away rights you already have for apps you've bought: the version in force when you bought an app governs that purchase if a later version would be worse for you.

18. General

• Severability. If any part of the Agreement is found unenforceable, it's enforced to the maximum extent allowed and the rest stays in effect.
• No waiver. If we don't enforce a right straight away, we haven't given it up.
• Assignment. You may not transfer your rights under the Agreement. We may transfer ours to someone who takes over MegaMac, as long as your rights aren't reduced.
• Events outside our control. We're not responsible for delays or failures caused by events beyond our reasonable control.
• Electronic communications. You agree to receive notices electronically, by email or on the website.
• Interpretation. Headings are for convenience. "Including" means "including without limitation". If the Agreement is translated, the English version prevails.
• Entire agreement. The Agreement is the whole agreement between you and us about MegaMac and replaces anything said before.