Effective Date: 2025-10-13
This End User License Agreement (“Agreement”) is between you (“You” or “User”) and Dylan Janeke, a sole proprietor operating in South Africa (“We”, “Us”, or “Licensor”) regarding your use of the Migi macOS application and website (“Software” and “Services”).
By downloading, installing, or using Migi, you agree to be bound by this Agreement. If you do not agree, do not use the Software.
1. License Grant
We grant you a limited, non-exclusive, non-transferable, revocable license to:
- Install and use Migi on Mac computers you own or control
- Install the Software on multiple devices you personally own
- Use the Software for personal or commercial purposes
This license is granted per user, not per device.
2. Restrictions
You may not:
- Redistribute, sublicense, rent, lease, or sell the Software
- Reverse engineer, decompile, or disassemble the Software (except as permitted by law)
- Remove, alter, or obscure any copyright, trademark, or proprietary notices
- Use the Software to violate any laws or third-party rights
- Share your license with others or install on devices you do not own
- Create derivative works based on the Software
- Use the Software to process unlawful, harmful, or offensive content
3. Ownership and Intellectual Property
The Software is licensed, not sold. We retain all right, title, and interest in:
- The Software and all copies
- All intellectual property rights
- All trademarks, trade names, and service marks
You own the prompts and content you create within the Software.
4. Updates and Modifications
We may:
- Release updates, patches, or new versions of the Software
- Modify, suspend, or discontinue features with or without notice
- Require you to accept updated terms to continue using the Software
Updates may be installed automatically. You may disable automatic updates in app preferences.
5. Data and Privacy
macOS App: The Migi application does not collect, transmit, or store any personal data on remote servers. All data remains on your device.
Website: Our website collects minimal access logs as described in our Privacy Policy.
We do not access, view, or store the prompts, templates, or content you create within the Software.
6. Third-Party Services
If you use Migi with third-party AI services (ChatGPT, Claude, etc.):
- You are responsible for complying with their terms of service
- We are not responsible for their availability, functionality, or data practices
- You must obtain any necessary licenses or subscriptions from those services
7. Termination
This license is effective until terminated.
You may terminate at any time by:
- Uninstalling the Software from all devices
- Ceasing use of the Services
We may terminate if you:
- Breach this Agreement
- Use the Software for unlawful purposes
- Violate our Acceptable Use Policy
Upon termination:
- Your license rights immediately cease
- You must uninstall the Software
- Sections 3, 8, 9, 10, 11, 12 survive termination
8. Warranties and Disclaimers
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND.
We disclaim all warranties, express or implied, including:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- UNINTERRUPTED OR ERROR-FREE OPERATION
- ACCURACY OR RELIABILITY OF RESULTS
We do not warrant that:
- The Software will meet your requirements
- The Software will be available at all times
- Defects will be corrected
- The Software is free of viruses or harmful components
Use at your own risk.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
We are not liable for any indirect, incidental, special, consequential, or punitive damages, including:
- Loss of profits, revenue, or data
- Business interruption
- Loss of goodwill
- Computer failure or malfunction
- Any other damages arising from use of the Software
Our total liability shall not exceed the amount you paid for the Software in the 12 months preceding the claim (if any).
Some jurisdictions do not allow limitation of liability for incidental or consequential damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold us harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Software
- Your violation of this Agreement
- Your violation of any law or third-party rights
- Content you create or process using the Software
11. Export Compliance
You agree to comply with all export and import laws. You may not use or export the Software in violation of trade sanctions or export control laws.
12. Dispute Resolution
Governing Law: This Agreement is governed by the laws of the Republic of South Africa, without regard to conflict of law principles.
Jurisdiction: Any disputes shall be resolved in the courts of South Africa with competent jurisdiction.
Informal Resolution: Before filing a claim, contact us at support@migiapp.com to seek informal resolution.
13. Acceptable Use - Website
When using our website (migiapp.com), you agree not to:
- Use automated systems (bots, scrapers) without permission
- Attempt to gain unauthorized access to systems or data
- Transmit malware, viruses, or harmful code
- Interfere with or disrupt the Services
- Violate any applicable laws or regulations
14. Fees and Payment
Current Pricing: Migi is currently free to download and use.
Future Pricing: We reserve the right to charge fees for the Software or additional features in the future. We will provide notice before implementing any charges.
Refunds: If fees are implemented, refund policies will be clearly disclosed at the time of purchase.
15. Apple App Store
If you download Migi from the Apple App Store, you acknowledge:
- This Agreement is between you and us, not Apple
- Apple has no obligation to provide support for the Software
- Apple is not responsible for addressing claims related to the Software
- You will comply with Apple’s App Store Terms of Service
In case of third-party intellectual property infringement claims, we (not Apple) are responsible for investigation and defense.
16. Assignment
You may not assign or transfer this Agreement without our written consent. We may assign this Agreement without restriction.
17. Severability
If any provision is found unenforceable, the remaining provisions remain in full effect.
18. Entire Agreement
This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and us regarding the Software.
19. No Waiver
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
20. Contact Information
For questions about this Agreement:
- Email: support@migiapp.com
- Legal: legal@migiapp.com
Business Details: Dylan Janeke (Sole Proprietor) Collins Avenue, Waverley, Pretoria, Gauteng, South Africa
As a sole proprietor, no VAT registration or company registration number is applicable.
21. Changes to These Terms
We may update this Agreement by posting a new version with an updated effective date. Continued use after changes constitutes acceptance.
For material changes, we will provide notice via:
- Email (if we have your address)
- In-app notification
- Website announcement
By using Migi, you acknowledge that you have read, understood, and agree to be bound by this Agreement.