01 · Acceptance of these Terms
By installing, registering, accessing or otherwise using the Services, you confirm that you have read, understood and agreed to these Terms and our Privacy Policy (available at privacy.html). If you do not agree, do not install or use the Services.
Where you accept these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity.
02 · Eligibility & Age Requirements
You must meet the age of digital consent in your country of residence to use the Services. The age of digital consent is:
- 13 in the United States under the Children's Online Privacy Protection Act (COPPA);
- 14 in California, Iowa, Indiana, Kentucky, Maryland, Minnesota, New Hampshire, New Jersey, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Virginia (under state-specific rules);
- 16 in the European Economic Area and the United Kingdom under the GDPR and UK-GDPR;
- 14 in Brazil under the LGPD;
- 14 in South Korea under the PIPA;
- 14 in South Africa under POPIA;
- 18 in the People's Republic of China under the PIPL as adjusted;
- such other ages as may be in force under the law of your country of residence.
If you are below the age of digital consent, you may only use the Services under the active supervision of a parent or legal guardian who has reviewed and accepted these Terms on your behalf. We use the age-gating mechanism described in §09 of the Privacy Policy to enforce this rule on the device.
03 · Definitions
- "Apps" means the xinghzhe iOS, iPadOS, watchOS, visionOS, macOS, Android, Wear OS and future-platform applications.
- "Content" means text, graphics, images, music, audio, video, code, software, data and any other material made available through the Services.
- "Documentation" means any user guides, API references, sample code and white-papers xinghzhe ships with the Apps.
- "Storefront" means the Apple App Store, the Mac App Store, the Google Play Store, the Huawei AppGallery, the Microsoft Store, the Amazon Appstore or any successor or alternative marketplace through which the Apps are distributed.
- "User Content" means any Content that a user submits, uploads or stores through the Services.
04 · Licence & Permitted Use
Subject to your continued compliance with these Terms, xinghzhe grants you a personal, worldwide, royalty-free, non-exclusive, non-transferable, revocable licence to:
- Download, install and use one copy of each App on devices you own or control, for non-commercial personal or internal business purposes;
- Access the Documentation;
- Use the in-app templates, scripts, sounds and other materials that ship with an App, solely in connection with the use of that App;
- Subject to the in-app attribution requirements, export any User Content that you have lawfully created through an App.
You shall not:
- Resell, sublicense, lease or rent any part of the Services;
- Reverse-engineer, decompile, disassemble or otherwise attempt to derive source code from any App, except to the extent this restriction is prohibited by applicable law;
- Use the Services to develop a competing product;
- Remove or alter any proprietary notices or markings;
- Use the Services in violation of any applicable law, regulation or third-party right;
- Submit User Content that infringes a third-party's intellectual-property rights.
05 · Accounts & Authentication
Some features (cloud-sync, newsletter, support portal) require an account. When you create an account:
- You must provide accurate, current and complete information;
- You must keep your password / passkey confidential;
- You must promptly notify us at security@xinghzhe.com of any suspected unauthorised access;
- You are responsible for all activity that occurs under your account.
06 · Acceptable Use & Prohibited Conduct
You agree not to use the Services to:
- Violate any law, regulation, court order or contractual obligation;
- Send spam, phishing, malware, ransomware or any form of unwanted electronic communication;
- Probe, scan or test the vulnerability of any system or network;
- Bypass, circumvent or attempt to circumvent technical access controls;
- Engage in any activity that interferes with or disrupts the Services or another user's enjoyment of them;
- Harvest or collect personal data about other users without their consent;
- Generate or distribute Content that is unlawful, defamatory, obscene, hateful, harassing or otherwise objectionable;
- Upload malware, viruses, time-bombs or any destructive code.
We may investigate suspected violations and may suspend or terminate your access in accordance with §18.
07 · Intellectual Property Rights
The Services, including all source code, designs, audio engines, illustrations, animation rigs, shader code and Documentation, are and remain the exclusive property of xinghzhe Tech Lab and its licensors. Nothing in these Terms transfers ownership of any intellectual-property right to you except for the limited licence set out in §04. All trademarks, service marks and logos are the property of their respective owners.
xinghzhe acknowledges the intellectual-property rights of third parties and expects users to do the same. If you believe that Content on the Services infringes your copyright, please send a notice to copyright@xinghzhe.com with the following information: identification of the copyrighted work, identification of the infringing material, your contact details, a statement of good-faith belief, and a statement, made under penalty of perjury, of the accuracy of the information and your authority to act on behalf of the owner.
08 · User-Generated Content
You retain all rights in your User Content. By submitting User Content through the Services you grant xinghzhe a worldwide, royalty-free, sublicensable, non-exclusive licence to host, store, transmit, display and process the User Content solely for the purposes of:
- Operating, providing and improving the Services;
- Resolving technical issues and security incidents;
- Complying with legal obligations.
You represent and warrant that you have all rights necessary to grant the foregoing licence and that your User Content does not infringe any third party's rights. Where you have enabled an opt-in cloud-sync feature, this licence extends to the cloud-synchronisation service you have subscribed to.
09 · In-App Purchases, Subscriptions & Payment
Where an App offers paid features, subscriptions or one-time in-app purchases (collectively, "Purchases"), the following additional terms apply:
- Merchant of record. For Apps distributed via a Storefront, the Storefront acts as the merchant of record and processes the payment. We do not receive your full payment-card details at any point. For direct-download macOS apps (where we are the merchant of record), payment is processed by Stripe Payments Europe Ltd, Ireland.
- Auto-renewing subscriptions. Each subscription automatically renews for the same period at the then-current price unless you cancel at least 24 hours before the end of the then-current billing period. The renewal charge is processed through the Storefront in accordance with its terms.
- Pricing. Prices are displayed in the App and may vary by country due to VAT, GST and sales tax rules. Prices may change at renewal for the next billing period; you will receive reasonable advance notice.
- Taxes. Prices include VAT, GST or sales tax as required by the Storefront in your country of residence. We do not charge separate EU VAT on Storefront purchases (the Storefront does).
- Currency conversion. The Storefront may convert your payment currency at the rate in force at the time of charge.
10 · Refunds, Cancellation & Cooling-off
For purchases made via a Storefront, the Storefront's own refund policy applies. Apple offers a built-in "Report a Problem" tool that allows you to request a refund on recently purchased apps or in-app items. Google Play offers a 48-hour automatic refund window for most apps and limited-time purchase-cancellation flows.
For consumers based in the European Union or the United Kingdom, you have a statutory right of withdrawal from distance contracts within 14 days ("cooling-off period") under the Consumer Rights (Information, Cancellation and Additional Charges) Regulations 2013 / EU Directive 2011/83/EU. However, by initiating a digital-content subscription or downloading a paid app, you expressly consent to immediate performance and acknowledge that you lose your right of withdrawal once the digital content has been supplied.
Outside of the statutory rights above, xinghzhe may, at its sole discretion, refund purchases that have been charged in error or where the App is fundamentally defective.
11 · AI-Generated Content
Certain Apps and research prototypes output content generated by on-device machine-learning models (the "AI Output"). With respect to AI Output:
- You are responsible for the use you make of AI Output, including any decisions based on it;
- AI Output may not be unique — different users may receive similar output for similar inputs;
- xinghzhe does not warrant that AI Output will be accurate, complete or fit for a particular purpose;
- The export, reproduction and redistribution rights set out in §08 apply to AI Output;
- You shall not present AI Output as the work of a named human author where that would be misleading.
The EU AI Act, the UK AI policy framework and the US AI Bill of Rights are applied throughout. Tooling features that may materially influence a person's rights (e.g. biometric inference, emotion inference in employment contexts) are not enabled in our consumer Apps.
12 · Availability, Updates & Service Levels
We aim to keep the Apps and website continuously available, but we do not guarantee uninterrupted operation. Maintenance windows are scheduled outside business hours and announced at least 7 days in advance where possible. Emergency maintenance may take place at any time to address a security or stability issue.
We may release updates that add, modify or remove features at our discretion. From time to time we may need to retire older OS-version compatibility; the minimum supported OS versions are documented on each App's Storefront page and at the xinghzhe developer website.
13 · Beta & Preview Programmes
Where we invite you to a beta or preview programme (e.g. TestFlight, Firebase App Distribution, private Discord channel):
- Beta builds are provided "as is" and may contain serious defects including data loss. They are not intended for production use;
- You agree to provide feedback and to refrain from publishing performance benchmarks until the public release;
- You agree not to publicly disclose or sell the beta build or any related secrets;
- The NDA-style obligations of the Apple TestFlight Terms and the Google Play Internal Test Track Terms apply.
14 · Third-Party Services & Apple App Store Terms
The Apps integrate with third-party services, including the Apple Storefront and the Apple Push Notification Service, the Google Play Services framework, the Stripe payment platform, the Supabase authentication platform, AWS S3 (for opt-in cloud sync) and the email-delivery provider Fastmail. Each third-party service is governed by its own terms and privacy policy, which are listed in §12 of our Privacy Policy.
This Section applies specifically to Apps distributed through the Apple App Store. You and xinghzhe acknowledge that:
- These Terms are concluded between you and xinghzhe only, not with Apple Inc. ("Apple"), and xinghzhe, not Apple, is solely responsible for the Apps and the content thereof;
- The licence granted to you for the Apps is limited to a non-transferable licence to use the Apps on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except where otherwise permitted by these Terms;
- Apple has no obligation whatsoever to provide any maintenance and support services with respect to the Apps;
- In the event of any failure of the Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of xinghzhe;
- Apple is not responsible for addressing any claims by you or a third party relating to the Apps or your possession and use of the Apps, including but not limited to (i) product liability claims, (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer-protection or similar legislation;
- In the event of any third-party claim that the Apps or your possession and use of the Apps infringes that third party's intellectual-property rights, xinghzhe, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual-property claim;
- You must comply with any applicable third-party terms when using the Apps (for example, your wireless data service agreement);
- Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
15 · Confidentiality
Where you share proprietary information with xinghzhe (for example a design brief or technical architecture diagram), xinghzhe will treat it as confidential. Conversely, you agree to treat any technical roadmap, SDK specifications and unreleased product information as confidential. Confidentiality obligations do not apply to information that is: (a) already in the public domain; (b) independently developed without access to the confidential information; (c) required to be disclosed by law.
16 · Warranties & Disclaimers
To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available", with all faults and without warranty of any kind. xinghzhe and its licensors expressly disclaim all warranties, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
Without limiting the foregoing, xinghzhe makes no warranty that:
- The Services will meet your requirements;
- The Services will be uninterrupted, error-free or secure;
- The information or Content obtained through the Services will be accurate or reliable;
- Defects in the Services will be corrected.
Some jurisdictions do not allow the disclaimer of certain warranties; in those jurisdictions the disclaimers above apply to the maximum extent permitted.
17 · Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall xinghzhe, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable for any:
- Indirect, incidental, special, consequential, exemplary or punitive damages;
- Loss of profits, revenue, business, goodwill, anticipated savings, data or use;
- Damages arising from your access to or inability to access the Services;
- Damages arising from any conduct or content of any third party on or through the Services;
- Unauthorised access, use or alteration of your transmissions or Content;
regardless of the legal theory (contract, tort or otherwise), and even if xinghzhe has been advised of the possibility of such damages.
In any event, the aggregate liability of xinghzhe and its affiliates, suppliers and licensors arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the amounts you have paid to xinghzhe in the 12 months preceding the event giving rise to the liability, or (b) one hundred pounds sterling (GBP £100).
Nothing in these Terms excludes or limits any warranty or liability that cannot be excluded or limited under applicable law (including fraud, fraudulent misrepresentation, death or personal injury caused by negligence).
18 · Indemnification
You agree to defend, indemnify and hold harmless xinghzhe and its affiliates, officers, directors, employees, contractors, agents, licensors and suppliers from and against any claim, damage, obligation, loss, liability, cost or debt, and expense (including reasonable attorneys' fees) arising from: (i) your use of the Services; (ii) your User Content; (iii) your violation of these Terms; (iv) your violation of any third-party right.
19 · Termination
We may terminate or suspend your access to the Services at any time, with or without cause, with or without notice, including if we believe that you have violated these Terms. Upon termination:
- Your right to use the Services will immediately cease;
- We may delete your account and any associated data subject to our retention obligations described in the Privacy Policy;
- Provisions of these Terms that by their nature should survive termination will survive, including ownership, disclaimers, indemnity, limitations of liability and the dispute-resolution provisions.
You may terminate these Terms at any time by ceasing use of the Services and deleting the Apps. Where you have a paid subscription, you may also need to cancel the subscription via the Storefront to prevent further charges.
20 · Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, save that a consumer resident in another jurisdiction may also bring proceedings in the courts of that jurisdiction and may rely on the mandatory consumer-protection rules of that jurisdiction under, among others, Regulation (EC) 1215/2012 (Brussels Ia), the Lugano Convention 2007, and the Hague Choice of Court Convention 2005.
21 · Dispute Resolution
We want to resolve any disagreement informally if possible. Before filing a claim, you agree to contact us at contact@xinghzhe.com describing the issue and providing all relevant documents. We will try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, either party may bring a formal proceeding.
Consumers resident in the European Economic Area, the United Kingdom or other jurisdictions with comparable consumer-protection laws may also have access to an alternative-dispute-resolution (ADR) body or an Online Dispute Resolution (ODR) platform. For EU consumers, the European Commission's ODR platform is available at ec.europa.eu/odr. For UK consumers, the Centre for Effective Dispute Resolution (CEDR) offers ADR services.
22 · Export Control & Sanctions
You may not use or otherwise export or re-export the Services except as authorised by the laws of the European Union, the United Kingdom, the United States and any other applicable jurisdiction. In particular, the Services may not be exported or re-exported (a) into any U.S.-embargoed country or territory, or (b) to any person on the EU Consolidated List, the UK Sanctions List, the U.S. Specially Designated Nationals List, the U.S. Denied Persons List, the U.S. Entity List, or any similar restricted-parties list.
23 · Accessibility Statement
xinghzhe is committed to making the Services accessible in accordance with the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA. The Apps additionally target EN 301 549 (the European accessibility standard) and Section 508 of the US Rehabilitation Act. Each App provides:
- Full VoiceOver / TalkBack labelling;
- Dynamic Type and dynamic colour palettes;
- Reduced-motion mode (respects the OS preference);
- Sufficient colour contrast (4.5:1 minimum) for text and 3:1 for non-text;
- Full keyboard control, including macOS focus rings;
- Closed-captioned audio and audio-description for video output.
If you encounter accessibility issues, contact accessibility@xinghzhe.com so we can address them. We aim to acknowledge within two working days and to ship a fix or workaround within 30 days where reasonably possible.
24 · Changes to these Terms
We may modify these Terms from time to time. If a modification is material we will give at least 30 days' advance notice by posting a notice in the App or by sending an email. The "Effective" date at the top of these Terms will be updated. By continuing to use the Services after the modification takes effect, you agree to the modified Terms.
25 · Miscellaneous
Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and xinghzhe regarding the Services.
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
No waiver. The failure of xinghzhe to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Assignment. You may not assign your rights under these Terms without our prior written consent. xinghzhe may assign its rights to any successor or affiliate.
Force majeure. xinghzhe will not be liable for any failure or delay in performance under these Terms where caused by reason of any occurrence or circumstance beyond its reasonable control, including acts of God, earthquakes, fires, flooding, riots, war, terrorism, embargo, pandemic, government action, network or utility outage, or any other cause beyond xinghzhe's reasonable control.
Third-party rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms, except for Apple as set out in §14.
26 · Contact
For any question about these Terms, please contact us:
- Email: contact@xinghzhe.com
- Support: support@xinghzhe.com
- Privacy: privacy@xinghzhe.com
- Security: security@xinghzhe.com
- Copyright / DMCA: copyright@xinghzhe.com
- Accessibility: accessibility@xinghzhe.com
- Postal: xinghzhe Tech Lab, Legal Department, University of Stirling Innovation Park, Stirling FK9 4LA, United Kingdom.