Terms of Use

1. Agreement

These Terms of Use (“Terms”) govern your use of the Migrate Moments applications for Mac and iOS and our website (together, the “Service”), provided by Brendan Scott Murray (ABN 83 452 010 292), trading as Yarrum Apps (“Yarrum Apps”, “we”, “us”). By downloading, installing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. The Service

Migrate Moments helps you scan, organise, triage, and delete photos and videos in your device and iCloud photo library, and (on Mac) export them to Google Photos or an external drive. The Service is provided as two applications that share one account and one Pro subscription: when you are signed into the same account, Pro on Mac unlocks Pro on iOS and vice versa.

3. Accounts

• You must provide accurate information when creating an account and keep your credentials secure. You are responsible for activity under your account.
• You may create an account with an email address and password, or (on supported platforms) via Sign in with Apple.
• You must be at least 16 years old, or the minimum age required in your country to consent to the processing of your personal information, to use the Service.

4. Subscriptions, pricing and trials

Migrate Moments is free to download and includes free features. Migrate Moments Pro is an auto-renewing subscription available on the following plans (prices in Australian dollars):

• The 7-day free trial applies to the Annual plan only. You will not be charged during the trial. If you do not cancel before the trial ends, the Annual subscription begins and you will be charged A$24.99. The Monthly plan does not include a trial.
• Prices are in AUD and may vary by region, currency, and applicable taxes. Prices displayed at the time of purchase apply. We may change prices prospectively; changes do not affect the current paid period.
• One Pro subscription unlocks Pro features on both the Mac and iOS apps for the same account. Purchasing Pro separately on both platforms is not required and does not stack.

5. Billing, auto-renewal and cancellation

You can subscribe either through Apple In-App Purchase (in the Mac or iOS app) or through Stripe on our website. The billing platform you subscribe through governs renewals and cancellation for that subscription.

Auto-renewal. Subscriptions renew automatically at the end of each period at the then-current price, unless cancelled at least 24 hours before the end of the current period.

How to cancel:

• Apple In-App Purchase: open System Settings → [your name] → Media & Purchases → Subscriptions (Mac) or Settings → [your name] → Subscriptions (iPhone/iPad), select Migrate Moments, and cancel. Cancellation takes effect at the end of the current billing period.
• Website (Stripe): open your billing portal from the Account page on migratemoments.com and cancel there.

Cancelling stops future renewals; you keep Pro access until the end of the period you have already paid for. Cancelling a subscription is separate from deleting your account.

Refunds. Purchases made through Apple are subject to Apple’s refund policies and are requested through Apple. Purchases made through our website are handled by us via Stripe. Nothing in this section limits any non-excludable refund rights you have under the Australian Consumer Law (see Section 10).

6. Your responsibility for exports and deletion

The Service can permanently delete photos and videos from your device and iCloud library, and this deletion is irreversible. You are solely responsible for verifying that any export, transfer, or backup has completed successfully and that you have independent copies of anything you wish to keep, before you delete originals.We strongly recommend maintaining independent backups at all times. Subject to the Australian Consumer Law and Section 10, we are not responsible for loss of photos, videos, or data resulting from deletions you instruct the Service to perform.

7. Acceptable use

You agree not to: use the Service unlawfully; attempt to circumvent subscription or licensing controls; reverse engineer, decompile, or tamper with the Service except to the extent this restriction is prohibited by law; or interfere with the security or operation of the Service or our providers.

8. Intellectual property and licence

The Service, including its software, design, and content, is owned by Yarrum Apps and its licensors and is protected by law. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the Service for your own personal use. For apps obtained from the Apple App Store, this licence is further subject to the Apple-required terms in Section 9.

9. Apple App Store — additional terms

These Terms are between you and Yarrum Apps only, not with Apple. Apple is not responsible for the Service or its content. To the extent Migrate Moments is licensed to you through the Apple App Store, the following apply:

• Scope. Your licence is a non-transferable licence to use the app on any Apple-branded device that you own or control, as permitted by the App Store Terms of Service.
• Maintenance and support. Yarrum Apps is solely responsible for providing maintenance and support for the app. Apple has no obligation to provide any maintenance or support.
• Warranty. Yarrum Apps is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the app; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• Product claims. Yarrum Apps, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your use of it, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• Intellectual property claims. Yarrum Apps, not Apple, is responsible for the investigation, defence, settlement, and discharge of any third-party intellectual property infringement claim relating to the app.
• Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting”, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

10. Australian Consumer Law and limitation of liability

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded or limited.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract and to a refund for the unused portion, or compensation for its reduced value; and you are entitled to be compensated for any other reasonably foreseeable loss or damage. If a failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time, and if this is not done, to cancel your contract and obtain a refund for the unused portion.

To the extent permitted by law (and subject to the non-excludable rights above):

• The Service is provided “as is” and “as available”, and we do not warrant that it will be uninterrupted, error-free, or that it will meet every requirement.
• Where our liability for a failure to comply with a consumer guarantee can lawfully be limited, our liability is limited, at our option, to resupplying the service or paying the cost of having it resupplied.
• We are not liable for indirect, incidental, special, or consequential loss, or for loss of data, photos, or videos, arising from your use of the Service, except to the extent such loss results from our failure to comply with a non-excludable consumer guarantee or from our negligence, or is otherwise not capable of being excluded by law.
• Our total aggregate liability that can lawfully be limited will not exceed the amount you paid us for the Service in the 12 months before the event giving rise to the liability.

Because photo deletion is irreversible and depends on you verifying your exports and backups (Section 6), you acknowledge this allocation of responsibility is reasonable.

11. Third-party services

The Service integrates with third-party services including Apple, Stripe, Supabase, and (for the export feature) Google. Your use of those services is governed by their respective terms and privacy policies. We are not responsible for third-party services.

12. Suspension and termination

You may stop using the Service at any time and cancel as described in Section 5. We may suspend or terminate your access if you materially breach these Terms or use the Service unlawfully. Provisions that by their nature should survive termination (including Sections 6, 8, 9, 10, and 13) survive.

13. Governing law and disputes

These Terms are governed by the laws of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia. Before commencing proceedings, you agree to first contact us at support@migratemoments.com and attempt to resolve the dispute in good faith. Nothing in this section prevents either party from seeking urgent injunctive relief, or affects your rights to make a complaint to a regulator such as the ACCC or Consumer Affairs Victoria.

14. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date and, where appropriate, notify you in the app or by email. Your continued use of the Service after an update means you accept the revised Terms.

15. Contact

Brendan Scott Murray (ABN 83 452 010 292), trading as Yarrum Apps
Email: support@migratemoments.com
Narre Warren South, VIC 3805, Australia