The End User License Agreement (EULA) and auto-renewable subscription terms for the XYZ AM mobile application and XYZ AM Pro membership.
This End User License Agreement (the "EULA" or "Agreement") is a legal agreement between you ("you" or "End User") and Thexyz Inc. ("xyz.am," "we," "us," or "our") governing your use of the XYZ AM mobile application and any updates, content, and services made available through it (the "Application," or "Licensed Application").
The Licensed Application is licensed, not sold, to you for use only under the terms of this Agreement. By downloading, installing, or using the Application, you agree to be bound by this EULA. If you do not agree, do not download, install, or use the Application.
This EULA is entered into between you and Thexyz Inc. only, and not with Apple Inc. ("Apple"). Thexyz Inc., not Apple, is solely responsible for the Licensed Application and its content. This EULA may not provide for usage rules for the Licensed Application that are in conflict with the Apple Media Services Terms and Conditions, and if there is such a conflict, the Apple Media Services Terms and Conditions will govern. Your use of the Application is also governed by our Terms of Service and Privacy Policy, which are incorporated into this Agreement by reference.
We grant you a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application, as well as upgrades that replace or supplement the original Application, unless such an upgrade is accompanied by a separate license, in which case the terms of that license will govern.
You may not:
If you sell your Apple-branded device to a third party, you must remove the Licensed Application before doing so.
You agree that we may collect and use technical data and related information — including but not limited to technical information about your device, system and application software, and peripherals — that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the Licensed Application. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you, in accordance with our Privacy Policy.
Your saved passwords and vault contents are end-to-end encrypted on your device and are never accessible to us. Your master password and encryption keys are never transmitted to or stored by xyz.am.
The Application offers XYZ AM Pro, an auto-renewable subscription that unlocks premium features such as unlimited email aliases, additional subdomains, website publishing, and other Premium account capabilities.
Subscriptions purchased through the App Store are billed and managed by Apple. Refunds are handled in accordance with Apple's policies; requests can be made through Apple. For more information, please review Apple's Apple Media Services Terms and Conditions.
Thexyz Inc. is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
For support, contact us at support@xyz.am or visit our Help Center.
Thexyz Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Thexyz Inc.'s sole responsibility.
The Licensed Application is otherwise provided "AS IS" and "AS AVAILABLE," without warranties of any kind, except to the extent required by applicable law.
Thexyz Inc. and you acknowledge that Thexyz Inc., not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application's use of the HealthKit and HomeKit frameworks (if applicable). This EULA does not limit Thexyz Inc.'s liability to you beyond what is permitted by applicable law.
Thexyz Inc. and you acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, Thexyz Inc., not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
The Licensed Application, including all software, design, text, graphics, and trademarks, is owned by Thexyz Inc. and its licensors and is protected by intellectual property laws.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You also agree that you will not use the Licensed Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
Any questions, complaints, or claims with respect to the Licensed Application should be directed to:
Thexyz Inc.
18 King Street East, #1400
Toronto, Ontario M5C 1C4, Canada
Email: legal@xyz.am
Support: support@xyz.am
Phone: 1-800-314-9082
You must comply with applicable third-party terms of agreement when using the Licensed Application.
Thexyz Inc. and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
To the maximum extent permitted by applicable law, in no event will Thexyz Inc. be liable for any indirect, incidental, special, or consequential damages, or for loss of profits, data, or business opportunities, arising out of or related to your use of the Licensed Application. Our total liability for any claim shall not exceed the amount you paid, if any, for the Licensed Application or subscription in the twelve (12) months preceding the claim.
This EULA is governed by the laws of the Province of Ontario and the applicable laws of Canada, without regard to its conflict-of-law principles, except to the extent that mandatory consumer protection laws of your jurisdiction apply.
We may update this EULA from time to time to reflect changes to the Application, legal or regulatory requirements, or our business practices. When we make material changes, we will post the updated EULA on this page and update the "Last Updated" date. Your continued use of the Application after changes take effect constitutes acceptance of the revised EULA.