1. Who we are
“Xyxy,” “we,” “us,” or “our” refers to the operator of the Xyxy iOS application. Contact: xyxycyl@163.com.
“You” means the individual who downloads or uses Xyxy.
2. Agreement and changes
By installing, accessing, or using Xyxy, you agree to this User Agreement and our Privacy Policy. If you do not agree, do not use the App.
We may update this User Agreement from time to time. We will indicate the new effective date at the top. Continued use after the effective date constitutes acceptance of the revised terms, except where applicable law requires additional notice or consent.
3. What Xyxy provides
Xyxy is a creative tool for composing and exploring motion-driven visuals, managing a personal timeline of activity, and accessing profile-related features such as coin balance, purchase history style ledgers, and settings (for example, gentle reminders and local storage optimization). Features may evolve with updates.
Xyxy is intended for use on supported iPhone devices in accordance with Apple’s platform rules. Some capabilities rely on device permissions you grant (such as notifications). Details about data practices appear in our Privacy Policy.
4. Eligibility
You must be able to form a binding contract in your place of residence. If you use Xyxy on behalf of an organization, you represent that you are authorized to bind that organization. Xyxy is not directed to children under the age where parental consent is required in your region; see Section 12.
5. License to use the App
Subject to this User Agreement, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use Xyxy on Apple-branded devices that you own or control, solely as permitted by the Apple App Store Terms of Use and this Agreement.
You must not:
- Copy, modify, distribute, sell, lease, or reverse engineer Xyxy except as allowed by applicable law;
- Interfere with or disrupt the App, servers, or networks;
- Use the App to violate law or third-party rights;
- Circumvent payment, usage limits, or security measures;
- Use automated means to access the App in a way that imposes an unreasonable load.
6. Apple App Store
If you obtain Xyxy through the Apple App Store, your use also follows Apple’s applicable terms. Apple is not responsible for maintenance or support of Xyxy except as required by Apple’s policies. Apple has no obligation to furnish any maintenance or support services for the App.
7. Virtual currency and in-app purchases
Xyxy may offer virtual currency (“coins”) and digital items consumable within the App. Coins have no real-world cash value, are non-transferable except as the App expressly allows, and may expire or change if we adjust the product, subject to applicable law.
Purchases are processed by Apple via In-App Purchase. Payment, billing, and refund rules are governed by Apple’s terms. To the maximum extent permitted by law, all purchases are final except where mandatory consumer rights apply in your country or region.
We may change prices, bundles, or coin economics; where required, we will comply with applicable notice rules.
8. Your content
You retain rights to media and projects you create. To operate Xyxy, you grant us a limited license to process your content on-device and locally as needed to provide features you invoke (for example, previewing and exporting motion compositions). Do not upload or process unlawful content or content that infringes others’ rights.
9. Intellectual property
Xyxy, its branding, UI, and underlying software are protected by intellectual property laws. Except for the license in Section 5, no rights are granted to you. Feedback you provide may be used without obligation to you, except where prohibited by law.
10. Third-party services
The App may display links or rely on Apple services (including StoreKit). Third-party terms and privacy notices apply to those services.
11. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, XYXY IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION.
Some jurisdictions do not allow certain disclaimers; in those jurisdictions, disclaimers apply to the fullest extent allowed.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO YOUR USE OF XYXY.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR XYXY WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR XYXY IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (EXCLUDING AMOUNTS PAID TO APPLE FOR IAP, WHICH ARE SUBJECT TO APPLE’S RULES), OR (B) FIFTY U.S. DOLLARS (USD $50), IF NO SUCH PAYMENT OCCURRED.
Nothing in this Agreement limits liability that cannot be limited under applicable law (including gross negligence or willful misconduct, where applicable).
13. Indemnity
You will defend, indemnify, and hold harmless the operator of Xyxy and its affiliates from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your misuse of the App, your content, or your violation of this Agreement or law, except to the extent caused by our willful misconduct.
14. Suspension and termination
We may suspend or terminate access to Xyxy if we reasonably believe you violated this Agreement or pose a risk to users or the service. You may stop using Xyxy at any time by uninstalling it. Provisions that by their nature should survive will survive termination.
15. Regional notices
Certain regions require specific disclosures. The following summaries do not limit any mandatory rights under local law. For privacy-related rights (including California, Canada, Singapore, and Australia), see our Privacy Policy.
United States — California residents. The California Consumer Privacy Act (CCPA), as amended by the CPRA, may grant you rights regarding personal information. See the Privacy Policy for categories, purposes, and how to exercise rights.
Canada. If you are in Canada, our handling of personal information is described in the Privacy Policy and may be subject to federal or provincial privacy laws (including Quebec’s Law 25 where applicable).
Singapore. If you are in Singapore, our practices align with the Personal Data Protection Act 2012 (PDPA) as described in the Privacy Policy.
Australia. If you are in Australia, we follow the Australian Privacy Principles in the Privacy Act 1988 (Cth) as described in the Privacy Policy.
16. Governing law and disputes
Unless mandatory local law requires otherwise, this Agreement is governed by the laws of the State of California, USA, excluding conflict-of-law rules. Subject to mandatory consumer protections in your place of residence, exclusive jurisdiction and venue for disputes will be the state and federal courts located in Santa Clara County, California, USA; you consent to personal jurisdiction there.
If you are a consumer in the European Economic Area, United Kingdom, Switzerland, or another region with non-waivable rights, nothing in this Section limits those rights.
17. General
This Agreement is the entire agreement between you and us regarding Xyxy and supersedes prior understandings on this subject. If any provision is unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign this Agreement without our consent; we may assign it in connection with a merger or sale.
18. Contact
Questions about this User Agreement: xyxycyl@163.com