Terms & Conditions

Last updated: 2026-04-19 (rev 3 — solicitor review + entity identification, rev 4 — DMCA / accessibility / good-faith resolution)

1. Acceptance of terms

By installing, accessing, or using the Boogie application ("the App") or the website at boogie.digital ("the Site"), you agree to these Terms & Conditions ("Terms"). If you do not agree, do not install the App or use the Site.

These Terms are a contract between you and KTP Digital Pty Ltd (ABN 85 648 755 980, ACN 648 755 980), an Australian private company registered in Victoria, Australia ("KTP Digital", "we", "us", "our").

2. Licence to use the App

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, subject to these Terms and to the rules of the App Store, Google Play, or any other distribution channel through which you obtained the App.

This licence does not grant you rights to:

• Copy, redistribute, sub-license, sell, rent, or sub-lease the App.
• Modify, reverse-engineer, decompile, or disassemble the App, except where such activity is expressly permitted by applicable law (for example, Section 47D of the Copyright Act 1968 (Cth) in Australia).
• Remove any proprietary notices, labels, or marks from the App.
• Use the App's name, trademarks, or branding to imply endorsement of your own products or services.

The App's open-source components (JMAP protocol implementations, Swift Package Manager dependencies, Android library dependencies) are governed by their respective open-source licences, which are listed in the App's About screen.

3. Accounts and server responsibility

Boogie is a client: it connects to JMAP mail servers that you choose (your own Stalwart installation, Fastmail, or any other RFC 8620-compliant provider). You are responsible for:

• Maintaining the security and confidentiality of your server credentials.
• Ensuring you have the right to use the mail server you connect to.
• Complying with the terms of service of your chosen mail provider.
• Any content you send, store, or receive via that server.

We do not operate the mail server. We do not see your email. We are not responsible for the availability, security, or operation of your server.

4. Acceptable use

You agree not to use Boogie to:

• Send unsolicited bulk email (spam), phishing, or malware.
• Violate applicable law (including the Spam Act 2003 (Cth), GDPR, CCPA, CAN-SPAM, or any other anti-spam or privacy law in any jurisdiction you operate in).
• Harass, threaten, or harm others.
• Infringe copyright, trademark, or other intellectual property rights.
• Circumvent security measures on any system (yours or others').
• Resell access to the App to third parties.

Violating these rules may result in us terminating your licence (though practically, because Boogie does not route through our servers, we cannot selectively block individual users — the enforcement mechanism is terminating your subscription or entitlement to use the App).

5. In-app purchases and subscriptions

5.1 Subscriptions

Boogie offers an annual subscription at launch pricing of USD $24.99 per year (regular price USD $39.99 per year), payable via the App Store or Google Play. Subscriptions automatically renew at the end of each period unless cancelled at least 24 hours before renewal through your App Store or Google Play account settings.

Prices in other currencies are set at App Store / Google Play regional tiers, which may differ from a direct USD conversion. Taxes may apply based on your billing country.

5.2 Lifetime purchase

Boogie offers a one-time "Lifetime" purchase at launch pricing of USD $69.99 (regular price USD $99). "Lifetime" means the lifetime of the Boogie product — typically measured in years, not decades. If the product is discontinued, lifetime-purchase holders retain access to all versions released up to the discontinuation date, including the final archived release, which we commit to making downloadable for at least 2 years after any wind-down.

5.3 Free trial

New installations start with a 14-day full-access trial. No payment information is required to begin. After the trial, the App transitions to read-only mode unless you purchase a subscription or lifetime licence. Read-only mode allows you to view existing email and calendar entries; compose, send, and calendar-write features are paywalled.

5.4 Price changes

We may change subscription or lifetime prices. For existing subscribers, we will give at least 30 days' notice before any price increase takes effect on a renewal. You may cancel before the renewal if you do not accept the new price. Lifetime purchases are not subject to price changes — you pay once, at the price in effect when you purchased.

For subscriptions purchased through the App Store or Google Play, price increases are also subject to the platform's price-increase consent requirements, which may require your affirmative consent before a price increase takes effect.

5.5 Refunds

Refunds for App Store purchases are handled by Apple under their refund policy. You can request a refund through Apple Support. Refunds for Google Play purchases are handled by Google under their refund policy.

Refunds for direct-download purchases (macOS DMG through boogie.digital, if offered) are handled by us: we offer a 30-day, no-questions refund directly from support@boogie.digital.

5.6 Taxes

Prices shown are generally before applicable VAT, GST, or sales tax. Apple and Google calculate and remit sales tax based on your billing country as part of the checkout process.

6. Updates

We may release updates to the App from time to time. Updates may fix bugs, improve performance, add features, or remove features. Updates may also change these Terms; material changes will be announced on the Site and, where significant, via an in-app notice.

Auto-update is optional. On macOS direct-download builds, Sparkle delivers updates and you can opt out via Settings. On App Store and Google Play builds, auto-update is controlled by your operating system settings.

7. Beta features

Some features (notably BoogieAndroid at time of writing) are labelled "beta". Beta features are provided for testing and may be unstable, incomplete, or behave unexpectedly. Your use of beta features is at your own risk and we may remove, change, or charge for them at any time.

8. Intellectual property

The App, the Site, and their contents (excluding your email content and your data) are owned by KTP Digital and are protected by Australian and international copyright, trademark, and other intellectual property laws. Your email, calendar events, contacts, and other data you process through Boogie belong to you (and to your mail provider, per their terms).

"Boogie" and the Boogie logo are trademarks of KTP Digital. Third-party trademarks (Apple, macOS, iOS, iPadOS, watchOS, Android, Google, Fastmail, Stalwart, JMAP, etc.) are the property of their respective owners and are used for descriptive purposes only.

9. No warranty

THE APP AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS AVAILABILITY.

We do not warrant that:

• The App or Site will be uninterrupted, timely, or error-free.
• The results obtained from the App will be accurate or reliable.
• The App will meet all your requirements.
• Defects in the App will be corrected.

Australian consumers have statutory guarantees under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)), including guarantees as to acceptable quality (s 54), fitness for purpose (s 55), and correspondence with description (s 56). These guarantees cannot be excluded. Nothing in these Terms excludes, restricts, or modifies those guarantees. For a major failure, you are entitled to a refund or replacement (s 259). For a failure that does not amount to a major failure, our liability is limited (at our option) to the re-supply of the services or the payment of the cost of having the services re-supplied (s 64A).

10. Limitation of liability

To the maximum extent permitted by law, KTP Digital, its directors, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, lost email, or business interruption, arising from or related to your use of the App or Site, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for any claim arising from or related to the App, the Site, or these Terms is limited to the amount you have paid KTP Digital for the App in the 12 months preceding the claim.

This limitation does not apply to, and does not limit, liability that cannot be excluded or limited under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) or other applicable mandatory consumer protection laws.

Subject to the preceding paragraph, this limitation applies regardless of whether the claim is based on warranty, contract, tort, or any other legal theory.

11. Indemnity

You agree to indemnify KTP Digital from any third-party claim, loss, or expense (including reasonable legal fees) arising from your deliberate or negligent violation of these Terms or your infringement of any third-party right, to the extent that the claim does not arise from KTP Digital's own negligence, breach of these Terms, or breach of applicable law. This clause does not limit any rights you have under the Australian Consumer Law or other applicable consumer protection laws, and does not require you to indemnify KTP Digital for any liability that KTP Digital cannot exclude or limit under those laws.

12. Termination

These Terms remain in force for as long as you use the App or Site. You may terminate at any time by uninstalling the App and ceasing use of the Site. We may terminate or suspend your licence if you violate these Terms, including but not limited to the acceptable-use clause.

Termination does not entitle you to a refund of unused subscription time unless required by applicable law or by Apple/Google's refund policy. Sections that by their nature should survive termination (including Intellectual Property, No Warranty, Limitation of Liability, Indemnity, and Governing Law) survive termination.

13. Governing law and jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia. Subject to clause 13A (good-faith resolution), the parties submit to the exclusive jurisdiction of the courts of Victoria for any dispute arising out of or in connection with these Terms, except that we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property.

Nothing in this clause prevents consumers from exercising rights under their local consumer protection laws. If you are a consumer resident in the European Union or United Kingdom, you retain the right to bring proceedings in the courts of your member state of domicile in accordance with Regulation (EU) No 1215/2012 (Brussels I Recast).

13A. Good-faith resolution before proceedings

Before commencing legal proceedings (other than applications for urgent injunctive relief), the parties agree to attempt in good faith to resolve any dispute arising out of these Terms, the App, or the Site through direct written discussion. The aggrieved party must send a written notice to the other party describing the nature of the dispute, the relief sought, and any proposed resolution. The parties will then engage in good-faith discussion for at least 30 days from the date of the notice before commencing proceedings.

This clause does not restrict (a) either party's right to seek urgent injunctive relief from a court to protect intellectual property, confidential information, or to prevent irreparable harm; (b) your right to exercise statutory consumer rights or to complain to a regulator (including the Australian Competition and Consumer Commission, the Office of the Australian Information Commissioner, or equivalent body in your jurisdiction); or (c) your right to pursue a claim through a small-claims tribunal where available.

14. Changes to these Terms

We may update these Terms. Material changes will be notified by updating the "Last updated" date at the top of this page, announcing on the Site, and, when significant, delivering an in-app notice. Continued use of the App or Site after changes take effect constitutes acceptance. If you do not agree with the changes, stop using the App and cancel any active subscription.

15. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any App Store / Google Play terms, constitute the entire agreement between you and us concerning the App and Site.
• Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms freely, including as part of a sale or reorganisation of KTP Digital.
• Force majeure. Neither party is liable for delays or failures caused by circumstances beyond reasonable control (natural disasters, outages, governmental action, war, etc.).
• Export compliance. The App may be subject to export control laws of Australia, the United States, and other jurisdictions. You agree not to export or re-export the App except in compliance with applicable export control laws. You represent that you are not located in, or a national or resident of, any country subject to a comprehensive government embargo, and that you are not listed on any government list of prohibited or restricted parties.

16. Contact

• Email: support@boogie.digital
• Legal notices: legal@boogie.digital
• Post: KTP Digital, Melbourne, Victoria, Australia (exact address available on request)

17. Accessibility commitment

We are committed to making the App and the Site accessible to people with disabilities. Our current target is conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. The App is designed with VoiceOver, Dynamic Type, Reduce Motion, keyboard-only navigation, and combined-element announcement patterns in mind. The Site is audited against automated accessibility tooling (axe-core via Lighthouse) and currently achieves a 100/100 Lighthouse Accessibility score on desktop.

If you encounter an accessibility barrier, email accessibility@boogie.digital. We will acknowledge your report within 5 business days and work with you on a remediation path. This commitment is in addition to any rights you have under the Disability Discrimination Act 1992 (Cth), the Equal Opportunity Act 2010 (Vic), or equivalent law in your jurisdiction (including the Americans with Disabilities Act in the United States and the European Accessibility Act 2019/882 in the European Union).

18. Copyright infringement claims (DMCA)

KTP Digital Pty Ltd respects the intellectual property rights of others and complies with the notice-and-takedown framework of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, for content hosted on the Site or distributed by KTP Digital Pty Ltd.

Scope clarification. Boogie is a client application. Content that users send, receive, or view through the App is stored on mail servers that users operate or contract for (Stalwart, Fastmail, or other JMAP providers). KTP Digital Pty Ltd does not host that content and cannot remove it. Copyright notifications regarding email or calendar content should be directed to the operator of the relevant mail server in the first instance. This procedure applies to material hosted on the boogie.digital website or in App Store / Google Play listings under KTP Digital Pty Ltd's control.

18.1 Notification of claimed infringement

If you believe that material hosted by us infringes your copyright, send a notification complying with 17 U.S.C. § 512(c)(3) to our designated agent at copyright@boogie.digital. Your notification must include:

• Your physical or electronic signature.
• Identification of the copyrighted work claimed to have been infringed (or, for multiple works, a representative list).
• Identification of the material claimed to be infringing, with information reasonably sufficient for us to locate it (URL preferred).
• Your contact information: name, postal address, telephone number, and email address.
• A statement that you have a good-faith belief that use of the material is not authorised by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorised to act on behalf of the copyright owner.

18.2 Counter-notification

If material you posted is removed in response to a notification, we will make reasonable efforts to inform you. You may submit a counter-notification complying with 17 U.S.C. § 512(g)(3) to copyright@boogie.digital, containing:

• Your physical or electronic signature.
• Identification of the removed material and the location at which it appeared before removal.
• A statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
• Your contact information and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, the jurisdiction in which KTP Digital Pty Ltd is based).

18.3 Repeat infringer policy

In accordance with 17 U.S.C. § 512(i), we will terminate, in appropriate circumstances, the accounts of users we determine to be repeat infringers.

18.4 Australian copyright notices

For claims under Australian copyright law, send notifications to copyright@boogie.digital. We will process claims consistent with the safe-harbour provisions of Part V, Division 2AA of the Copyright Act 1968 (Cth) where applicable.

19. Platform-specific terms

If you obtained the App through the Apple App Store or Google Play, you acknowledge that:

• These Terms are between you and KTP Digital, not Apple Inc. or Google LLC (the "Platform Provider").
• KTP Digital, not the Platform Provider, is solely responsible for the App and its content.
• The Platform Provider has no obligation to provide maintenance or support for the App.
• In the event of any failure of the App to conform to any applicable warranty, the Platform Provider's maximum liability is limited to the refund of the purchase price (if any).
• KTP Digital, not the Platform Provider, is responsible for addressing any third-party intellectual property claims relating to the App.
• The Platform Provider and its subsidiaries are third-party beneficiaries of these Terms and may enforce them directly against you.

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These Terms are written in plain language. They exist because shipping software that handles people's email requires a clear record of what we promise, what we don't, and what we ask of you. If anything here is unclear, email support@boogie.digital and we'll explain.