Terms of use
Xtify App End User License Agreement
  • Last Revised : 30th Jan, 2024
  • Overview

    Xtify is a utility app that allows you to enter a playlists and watch your content: Xtify, and its members do not provide any content for it. You are the only one responsible for the content you provide and play with the app.

    This End User License Agreement (“Agreement”) is between you and Xtify and governs use of this app made available through the Apple App Store. By installing the Xtify App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Xtify App.

    Using Xtify you agree on the following points:

    Acknowledgment

    This End User License Agreement (“Agreement”) is between you and Xtify and governs use of this app made available through the Apple App Store. By installing the Xtify App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Xtify App.

    Scope of License

    The license granted to you for the Licensed Application is limited to 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 App Store Terms of Service, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

    Maintenance and Support

    Xtify is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. Xtify and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

    Warranty

    Xtify is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The EULA provides that, 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 for the Licensed Application to you; and that, 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 Your sole responsibility.

    Product Claims

    Xtify and you acknowledge that Xtify, is responsible for addressing any your claim or any third party relating to the Licensed Application or the end user’s possession and/or use of that 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. The EULA may not limit Xtify's liability to you beyond what is permitted by applicable law.

    Intellectual Property Rights

    Xtify and you acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringe that third party’s intellectual property rights, Xtify, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. This is intended for the app itself. You remain the solely responsible of the usage you do with the app, and the content you provide to the app.

    Third-Party Terms of Agreement

    You comply with applicable third-party terms of agreement when using Xtify. In the specific, you acknowledge that you have the rights to watch the content you provide to Xtify and that you are solely responsible for the content you watch using Xtify (which is intended to be a player tool).

    Third-Party Beneficiary

    Xtify and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third-party beneficiary thereof.

    Use of Xtify

    Using Xtify you understand and acknowledge that Xtify (i) doesn't have the rights of any digital video or audio content; (ii) and therefore doesn't provide any content; (iii) and that the information related to your usage and settings are only stored in your iCloud and device and remain accessible only to you.

    External services

    Using Xtify you understand that:

    • Xtify uses the TMDb API to provide info about your digital content. Xtify is however not endorsed or certified by TMDb; Xtify doesn't permanently store TMDb metadata in the device; and the service can change their limits and restrictions at any time.
    • Xtify uses the VLCKit player. Xtify is subject to VLC framework by any means, for the succesful playing of any content you provide; using Xtify you acknowledge to the VLC terms and conditions.
    • Xtify uses OpenSubtitles.org to provide extra subtitles when and where possible; OpenSubtitles.org limits the request of subtitles per day and the service can change their limits and restrictions at any time. Using Xtify you acknowledge to the OpenSubtitles.org terms and conditions.
    • Xtify trailers and videos are found from third party services and they might be or not available. Third party services may choose to show ads or attributions when this content is played; We respect the terms of services of these third part services, and we therefore could not be authorized to play some content directly in the app player, but in those cases, we'll redirect to the app of the third party service (such we do for YouTube video).

    Products

    You understand and acknowledge that by subscribing the PRO version, you can can use extra features that are locked in the free version.

    At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it.

    You agree to use the External Services at your sole risk. Xtify and its creator are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

    Purchases

    You understand and acknowledge that when you purchase a product on Xtify such as the PRO subcription, you are directly paying Apple through In-App Purchases. Xtify doesn't directly receive your money and doesn't store any information regarding your transaction. Therefore, Xtify doesn't have any ways to refund you. Only Apple has the ability to refund you where and when possible and not after 14 days from the purchase day.

    You understand and acknowledge that the Xtify apps send the receipt of your purchases (contained in the app) to the Apple servers for validation. If there is an outage of the Apple servers, Xtify we'll try to validate your receipt locally. If Apple fails to return the app receipt in the app bundle, we won't be able to validate your purchases. In these cases, you are invited to logout/login from your AppStore account and delete/install again the app. ###

    Family sharing

    You understand and acknowledge that "Family Sharing" is a service offered by Apple, and therefore you are subject to its terms and conditions. In particular, they report that you can only belong to one Family at a time, and may join any Family no more than twice per year. You can change the Apple ID you associate with a Family no more than once every 90 days. These terms are subject to eventual changes from Apple. "Family Sharing" is maintained by Apple and Xtify doesn't have any connection to it, except the fact that it offers a subscription with Apple "Family Sharing" enabled.

    Changes

    We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

    If you have any questions about these Terms, please contact us.