Terms of Service

Welcome to Xylo (the "App"), owned and operated by Xylo App ("we," "us," or "our"). PLEASE READ THESE TERMS OF SERVICE ("Terms") CAREFULLY BEFORE USING THE APP. By downloading, installing, or using the App, you agree to be bound by these Terms and our Privacy Policy. If you are a parent or legal guardian, you accept these Terms on behalf of your child. If you do not agree, do not use the App.

1. Eligibility & Parental Responsibility

The App is intended primarily for children under 13. Parents and legal guardians are solely responsible for supervising a child's use of the App and for ensuring the device is used safely and appropriately.

By allowing a child to use the App, you represent that you are the child's parent or legal guardian or that you have permission from such party.

2. License to Use the App

Subject to your continuous compliance with these Terms, we grant you a personal, non‑exclusive, non‑transferable, revocable, limited license to download and use one copy of the App on a device you own or control. You may use the App only for non‑commercial, educational, and entertainment purposes.

3. Intellectual Property

All songs, sound recordings, images, software code, graphics, trademarks, and other content in the App (collectively, "Content") are owned by us or our licensors and are protected by law. Except for the limited license in Section 2, nothing grants you any right, title, or interest in the App or Content. You may not:

• Copy, reproduce, distribute, or publicly perform any Content except as expressly allowed in the App;
• Reverse‑engineer, decompile, or attempt to extract the App's source code;
• Remove proprietary notices or modify the App or Content.

4. User Conduct

You agree not to:

• Use the App for any unlawful purpose or in violation of any local, state, national, or international law;
• Attempt to gain unauthorized access to the App or its servers;
• Interfere with, disrupt, or burden the App or networks connected to the App;
• Upload or transmit viruses or malicious code;
• Commercially exploit the App, Content, or any portion thereof.

5. In‑App Purchases

The App may offer optional in‑app purchases (e.g., additional song packs). All transactions are processed by Apple App Store or Google Play and are subject to their terms. We do not store or process payment information. All sales are final except where refund rights are required by law.

6. Third‑Party Services

The App integrates Vexo Analytics, which collects only aggregated, non‑personal usage data (see our Privacy Policy). We are not responsible for third‑party services' content or practices.

7. Updates & Modifications

We may at any time modify, suspend, or discontinue the App (or any part of it) with or without notice. These Terms may also change—we will post the revised version in‑app or on our website and update the "Last updated" date. Continued use after changes means acceptance.

8. Disclaimer of Warranties

THE APP AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. We do not warrant that the App will be uninterrupted, secure, error‑free, or free of harmful components, or that educational outcomes are guaranteed.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF DATA, PROFITS, OR GOODWILL) ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Our total liability for all claims relating to the App shall not exceed the greater of (a) USD 50 or (b) the amounts you paid us (if any) in the 12 months preceding the claim.

Some jurisdictions do not allow certain exclusions or limitations; so some of the above may not apply to you.

10. Indemnification

You agree to indemnify and hold harmless us, our affiliates, directors, employees, and licensors from any claims, damages, losses, or expenses (including legal fees) arising out of your or your child's: (a) use of the App; (b) violation of these Terms; or (c) violation of any law or third‑party right.

11. Termination

We may suspend or terminate your access to the App at any time, with or without notice, if we believe you or your child violated these Terms. Upon termination, the license in Section 2 ends, and you must delete the App and all Content in your possession.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Arizona, USA, without regard to conflict‑of‑law principles. Any dispute arising under or relating to these Terms or the App shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to personal jurisdiction there.

Where required by local consumer‑protection law, you may bring disputes in your country of residence, and statutory rights remain unaffected.

13. Severability

If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision is deemed severed and will not affect the validity of the remaining provisions.

14. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms we post in the App, constitute the entire agreement between you and us regarding the App, superseding any prior agreements.

15. Contact Information

Questions or concerns? Please contact:

Terms & Legal
Xylo App
Email: legal@xylo.fyi
Postal: 3407 E Amber Ln, Gilbert AZ 85296

By using the App, you acknowledge that you have read, understood, and agree to these Terms.