Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the Boomerang mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Boomerang, ("we," "us," or "our"), based in Queensland, Australia.

2. Description of Service

Boomerang is a mobile application that allows users to track items they lend to and borrow from friends, family, and contacts. The App provides features including but not limited to:

• Creating and managing lending and borrowing records with item details, photos, due dates, and categories
• Tracking item return status and managing overdue items
• Sending push notifications and reminders to yourself
• Managing contacts, including importing from your device address book
• Rating and reviewing contacts based on lending and borrowing reliability
• Analytics and data export features (Premium subscribers)

The App is available on iOS and Android platforms and may also offer limited web functionality.

3. User Accounts and Registration

3.1 Account Creation

• You must be at least 13 years old to create an account
• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorised use of your account

3.2 Account Termination

• We reserve the right to suspend or terminate your account at any time if you violate these Terms or engage in conduct that we determine to be harmful to other users, us, or third parties
• You may terminate your account at any time by deleting your account through the App settings or by contacting us at boomerangborrowingapp@gmail.com
• Upon termination, your right to use the App immediately ceases. We will delete your personal data in accordance with our Privacy Policy

4. Subscription Plans and Payments

4.1 Free Tier

The free tier allows you to track up to 50 active items (lent and borrowed combined). Free-tier users will see advertisements within the App.

4.2 Premium Subscription

Premium subscriptions are available at the following prices (in Australian Dollars):

• Monthly: $4.99 AUD per month
• Yearly: $39.99 AUD per year

Premium features include:

• Unlimited active items
• Advanced analytics and insights
• Custom categories for item organisation
• Data export to CSV and PDF formats
• Advanced notification controls
• Ad-free experience

4.3 Payment Processing and Auto-Renewal

• Subscriptions purchased in the iOS app are processed by Apple through your App Store account. Subscriptions purchased in the Android app are processed by Google through your Google Play account. Subscriptions purchased on the web are processed by Stripe. We never receive or store your full payment card details
• Your subscription renews automatically. It will continue to renew at the then-current price for the same period until you cancel
• Payment is charged to your Apple, Google, or Stripe account at confirmation of purchase, and again within 24 hours before the end of each billing period
• Auto-renewal can be turned off at any time, but must be turned off at least 24 hours before the end of the current period to avoid being charged for the next one
• Any unused portion of a free trial period, where offered, is forfeited when you purchase a subscription
• Prices may change with reasonable notice. Where required, a price increase will not take effect for existing subscribers until you consent through your platform account

4.4 Cancellation and Refunds

• iOS: Manage or cancel your subscription in Settings → your Apple Account → Subscriptions. We cannot cancel an App Store subscription on your behalf
• Android: Manage or cancel your subscription in the Google Play Store under Payments & subscriptions
• Web: Cancel from your account settings in the App, or contact us
• Cancellation takes effect at the end of your current billing period. You keep Premium access until then, and partial periods are not refunded except where the law requires it
• Refunds for in-app purchases are issued by Apple or Google, not by us, in accordance with their policies. Requests must be made to the relevant store. For web purchases, contact us directly
• Nothing in this section limits your rights under the Australian Consumer Law, including your right to a repair, replacement, or refund where a consumer guarantee has not been met. We will assist you in dealing with Apple or Google where a valid consumer guarantee claim arises

5. User Conduct and Responsibilities

5.1 Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the App for any illegal, fraudulent, or unauthorised purpose
• Violate any applicable local, state, national, or international laws or regulations
• Attempt to gain unauthorised access to the App, its servers, or related systems
• Interfere with or disrupt the App or servers connected to the App
• Use the App to harass, stalk, or threaten other individuals
• Create multiple accounts or use automated tools to access the App
• Reverse engineer, decompile, or disassemble any part of the App

5.2 Prohibited Content

You agree not to upload, submit, transmit, or otherwise make available through the App any content that:

• Contains nudity, pornography, or sexually explicit material
• Depicts real-world graphic violence, gore, or content that promotes, glorifies, or incites violence
• Constitutes hate speech, or promotes discrimination, harassment, or hostility toward any individual or group based on race, ethnicity, national origin, religion, disability, gender, sexual orientation, or any other protected characteristic
• Sexualises, exploits, or endangers minors in any way
• Promotes or facilitates illegal activity, including the sale of illegal drugs, weapons, or stolen goods
• Contains malware, viruses, or malicious code
• Infringes any copyright, trademark, patent, trade secret, or other intellectual property right of another party
• Contains defamatory, libellous, threatening, or otherwise harmful material toward any person
• Impersonates another person or misrepresents your affiliation with any person or entity

Boomerang is a private lending tracker. Item photos, descriptions, and notes are stored for your personal use. We do not operate a public feed or social network. Nevertheless, the standards above apply to all content you upload, even if only stored privately in your own account.

5.3 User Content and Ownership

• You retain ownership of content you create within the App (item descriptions, photos, notes)
• By uploading content, you grant us a limited licence to store, process, and display that content as necessary to provide the App's services
• You are solely responsible for the content you upload and for ensuring you have the right to upload it

5.4 Content Moderation and Removal

• We reserve the right, but do not assume the obligation, to review any content stored through the App
• We may remove, disable, or restrict access to any content that we believe, in our sole discretion, violates section 5.2 or these Terms, or is otherwise objectionable, without prior notice
• We may suspend or permanently terminate the account of any user who violates section 5.2, without refund
• We may report content or user activity to law enforcement or other authorities where required by law or where we believe it is necessary to protect our users, us, or the public

5.5 Reporting Violations

If you become aware of any content or user conduct that violates these Terms, please report it immediately by emailing boomerangborrowingapp@gmail.com. Include a description of the concern and any relevant details so we can investigate promptly.

5.6 Contacts and Other People's Information

The App lets you record details about other people, including names, phone numbers, and email addresses drawn from your device address book. Those people are not our users and have not agreed to these Terms.

• You confirm that you are entitled to record and use another person's details in the App, and that doing so does not breach their privacy or any law
• You are responsible for any message, reminder, or notification you choose to send to another person through or as a result of the App, including compliance with the Spam Act 2003 (Cth) and equivalent laws in your jurisdiction
• You must not use the App to contact anyone who has asked you not to, or to harass, pressure, or intimidate any person
• If a person asks you to remove their information, you must do so. If they contact us directly, we may remove it on their behalf

6. Intellectual Property

6.1 Our Rights

• The App, including its design, code, features, graphics, and branding, is owned by us or our licensors and is protected by Australian and international intellectual property laws
• The Boomerang name, logo, and all related trademarks are our property
• You may not copy, modify, distribute, sell, or create derivative works based on the App without our explicit written permission

6.2 Feedback

If you provide us with feedback, suggestions, or ideas regarding the App, you grant us an unrestricted, perpetual, irrevocable licence to use, modify, and incorporate that feedback without compensation or attribution.

7. Privacy and Data

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the App, you consent to the practices described in the Privacy Policy.

8. Disclaimers and Limitation of Liability

8.1 Service Availability

• The App is provided "as is" and "as available" without warranties of any kind
• We do not guarantee that the App will be available at all times, uninterrupted, or error-free
• We may modify, suspend, or discontinue any part of the App at any time with reasonable notice where practicable

8.2 No Warranty

To the maximum extent permitted by Australian Consumer Law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms excludes or limits consumer guarantees under the Australian Consumer Law that cannot be excluded or limited by law.

8.3 Limitation of Liability

To the maximum extent permitted by law, our total liability to you for any claims arising from or related to your use of the App is limited to the amount you have paid us in the 12 months preceding the claim. We are not liable for any indirect, incidental, special, consequential, or punitive damages.

8.4 No Responsibility for Physical Items

Boomerang is a tracking tool only. We are not responsible for the condition, return, loss, theft, or damage of any physical items tracked through the App. All lending and borrowing arrangements are solely between the parties involved.

8.5 No Responsibility for Disputes Between Users

Boomerang records what you tell it. We do not verify the accuracy of any record, we are not a party to any lending or borrowing arrangement, and we do not mediate, arbitrate, or take sides in disputes between you and any other person. Records created in the App are not evidence of ownership, of a debt, or of any legally binding agreement, and should not be relied on as such. Any dispute about an item, its condition, its return, or its value is solely between you and the other party.

8.6 Ratings, Reviews, and Notes Are Your Own

Ratings, reviews, and notes you record about other people are your personal opinions, stored privately in your own account. They are not published by us, not endorsed by us, and not verified by us. You are solely responsible for what you write, including for ensuring it is accurate and not defamatory. We are not liable for any claim arising from content you record about another person, or from your disclosure of that content to anyone else.

8.7 Data Loss and Backups

While we take reasonable steps to protect your data, we do not guarantee that your records will never be lost, corrupted, or become unavailable. You are responsible for keeping your own copies of anything important to you. To the maximum extent permitted by law, and subject to section 8.2, we are not liable for any loss of data or for the consequences of any such loss.

8.8 Third-Party Services

The App relies on third-party services including Apple, Google, Supabase, RevenueCat, Stripe, and Google AdMob. We are not responsible for the acts, omissions, availability, pricing, or content of those services, or for advertisements served to you by third parties. Your dealings with those providers are governed by their own terms.

9. Indemnification

To the maximum extent permitted by law, you agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from or connected with:

• Your use of the App, or your violation of these Terms or any applicable law
• Your infringement of any third-party right, including intellectual property and privacy rights
• Information you record about another person, including contact details, ratings, reviews, and notes
• Any message, reminder, or communication you send to another person through or as a result of the App
• Any dispute between you and another person concerning an item tracked in the App

10. Dispute Resolution

If a dispute arises in connection with these Terms or your use of the App, you agree to first attempt to resolve the dispute informally by contacting us at boomerangborrowingapp@gmail.com. If the dispute cannot be resolved informally within 30 days, either party may pursue formal resolution.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland for any disputes arising under these Terms. Nothing in these Terms limits your rights under the Australian Consumer Law.

12. Modifications to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting updated Terms within the App, sending a push notification, or updating the "Last Updated" date. Your continued use of the App after changes are posted constitutes acceptance of the modified Terms.

13. General Provisions

• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision
• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent

14. Contact Information

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

• Email: boomerangborrowingapp@gmail.com
• Location: Queensland, Australia