Terms of Service

Operator

XIPHION is operated by Xirophi Pty Ltd (Australia). For any legal notice, complaint, privacy request, or correspondence relating to these terms, contact: legal@xiphion.app. References in this document to "we", "us", "our", "the operator", or "the creators" mean Xirophi Pty Ltd and its authorised personnel.

Acceptance of Terms

By creating an account, accessing, or using XIPHION in any capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You must be at least 18 years of age, or have obtained verifiable parental or guardian consent, to use this application. If you do not agree with any part of these terms, you must discontinue use of the application immediately.

Description of Service

XIPHION is a sound exploration, frequency research, and personal wellbeing tool. The application provides audio frequency generation, binaural beat synthesis, brainwave entrainment patterns, harmonic analysis, journaling capabilities, and related informational content. XIPHION also offers optional social and community features (collectively, the "Sphere"), including opt-in public profiles, member discovery, connection requests, and direct messaging between members. The service is intended strictly for educational, experimental, and personal exploration purposes. XIPHION is not a medical device, not a therapeutic good, and is not intended to diagnose, treat, cure, prevent, or mitigate any disease, condition, or injury.

Account Responsibilities

You are solely responsible for maintaining the confidentiality and security of your account credentials. You are responsible for all activities that occur under your account. You agree to provide accurate, current, and complete registration information and to update such information as necessary. You must not share your account credentials with any third party.

Subscriptions, Fees and Billing

XIPHION offers a Free plan and three paid subscription plans: Standard ($49 per month), Premium ($99 per month), and Ultra ($199 per month). All prices are in Australian dollars (AUD). Billing is monthly only; annual billing is not currently offered. Paid subscriptions renew automatically each month until cancelled. Payments are processed by our payment provider, Stripe, through Stripe Checkout and the Stripe billing portal; Xirophi Pty Ltd never stores your card details (see the Privacy Policy). Each paid plan provides access to the features published for that plan on the pricing page at xiphion.app/pricing at the time of your purchase, subject to the "Changes to Pricing and Plan Features" section below.

Free Trial

Each paid plan begins with a 14-day free trial. Card details are collected through Stripe Checkout when you start the trial, and unless you cancel before the trial ends, your subscription automatically converts to a paid, recurring monthly charge at the end of the 14 days. To be plain: if you do not cancel during the trial period, you will be charged. You can cancel at any time during the trial through the Stripe billing portal (reachable from your account settings) and you will not be charged. Each account is entitled to one free trial only; if your account has previously had a free trial on any plan, a new subscription begins without a trial and billing starts immediately.

Cancellation and Plan Changes

You may cancel your subscription at any time through the Stripe billing portal, reachable from your account settings. Cancellation takes effect at the end of your current billing period: you keep access to your paid features until that period ends, and no further charges are made after it. You may upgrade or downgrade between paid plans at any time through the billing portal; plan changes are prorated in accordance with Stripe’s standard proration, so a mid-period change is credited or charged for the unused portion of the current period.

Failed Payments

If a recurring payment fails, your subscription enters a past-due state and your access reverts to the Free tier until payment succeeds. Your account and your data are preserved during this period. Stripe may retry the payment; once a payment succeeds, your paid access is restored. You can update your payment method at any time through the Stripe billing portal.

Refunds

Except as set out in these terms or as required by law, subscription fees are not refundable, and we do not provide refunds or credits for partial billing periods, unused time, or unused features. Nothing in this section excludes, restricts, or modifies the consumer guarantees under the Australian Consumer Law: where a service we supply fails to meet a non-excludable consumer guarantee, you are entitled to the remedies the ACL provides, which may include a refund, and where permitted by section 64A of the ACL our liability for a breach of such a guarantee is limited, at our option, to re-supplying the service or paying the cost of re-supply.

GST

Xirophi Pty Ltd is not currently registered for GST. No GST is charged on subscription fees, and the prices stated are the total amounts payable — they do not carry a GST component and no amount will be added for GST. If Xirophi Pty Ltd becomes registered for GST in the future, prices will from that point be inclusive of any GST that applies, and any resulting change to the amount you pay will be treated as a price change and notified in accordance with the "Changes to Pricing and Plan Features" section below.

Changes to Pricing and Plan Features

We may change the price of a subscription plan only by giving you at least 30 days’ advance notice, with the new price taking effect from the next billing period beginning after that notice period ends. If you do not wish to pay the new price, you may cancel before it takes effect and you will not be charged it. We may also adjust which features are included in which plan tier; any such adjustment applies prospectively only and will be notified to affected subscribers. If a change materially reduces the features of the plan you are paying for, you may cancel as described in the "Cancellation and Plan Changes" section. Nothing in this section affects your rights under the Australian Consumer Law.

Intellectual Property

All content, design, source code, algorithms, frequency datasets, preset combinations, branding, and associated intellectual property within XIPHION are the exclusive property of the creators and are protected by applicable intellectual property laws. Users retain ownership of their personally created combinations, journal entries, and custom content. Users may not reverse-engineer, decompile, disassemble, or extract proprietary frequency datasets or algorithms from the application.

Acceptable Use

You agree not to use XIPHION for any of the following purposes:

• Medical diagnosis, treatment, or prescription of any kind
• Making claims that frequencies can cure, treat, or prevent any disease or medical condition
• Redistribution, resale, or sublicensing of application content or frequency data
• Automated scraping, data mining, or systematic extraction of content
• Harassing, abusing, threatening, defaming, stalking, impersonating, or sending unsolicited or unwanted communications to any other member
• Posting, transmitting, or sharing content that is unlawful, defamatory, obscene, hateful, sexually explicit, or that infringes the rights of any person
• Collecting, harvesting, or misusing the personal information of other members
• Any activity that violates applicable local, state, national, or international law
• Any activity that could cause harm to yourself or others

User Content, Messaging and Community Conduct

The Sphere lets you create an opt-in public profile and exchange messages with members you have connected with. You are solely responsible for any content, profile information, or messages you create, upload, or transmit ("User Content"), and you represent that you have all rights necessary to share it. You retain ownership of your User Content; by sharing it through the Sphere you grant Xirophi Pty Ltd a non-exclusive licence to host, store, and display it solely for the purpose of operating the service. Participation in the Sphere is optional — you may set your profile to private, decline or revoke connections, and stop using the social features at any time. You must connect with a member before you can message them. To the maximum extent permitted by law, Xirophi Pty Ltd does not author, endorse, monitor, or assume responsibility for User Content created by other members, and is not liable for any loss, damage, or harm arising from your interactions with other members or from any User Content. We may, but are not obliged to, review, moderate, refuse, remove, or restrict access to any User Content, and may suspend or terminate accounts that breach these terms, in our sole discretion and without prior notice. If you encounter User Content or conduct that breaches these terms, report it to legal@xiphion.app.

Limitation of Liability

XIPHION is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. To the maximum extent permitted by law, Xirophi Pty Ltd shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the service, including but not limited to health effects, hearing damage, psychological effects, loss of data, financial or economic loss, or interruption of service.

Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth), including the consumer guarantees under the Australian Consumer Law (ACL), or any other legislation, the exclusion of which would be contrary to law or cause any part of these Terms to be void. Where Xirophi Pty Ltd is liable for a breach of a non-excludable consumer guarantee, our liability is limited (where permitted by section 64A of the ACL) to, at our option: re-supplying the service, or paying the cost of re-supply.

Modifications and Termination

The creators reserve the right to modify, suspend, or discontinue any part of the service at any time, with or without notice. These Terms of Service may be updated periodically. Continued use of the application after any such changes constitutes your acceptance of the revised terms. The creators may terminate or suspend accounts that violate these terms without prior notice or liability.

Governing Law and Dispute Resolution

These terms are governed by and construed in accordance with the laws of New South Wales, Australia, and the laws of the Commonwealth of Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them. Any disputes arising from or relating to these terms or your use of XIPHION shall first be resolved through good-faith informal negotiation by writing to legal@xiphion.app. Nothing in this clause limits any right you have under the Australian Consumer Law to pursue a remedy through any forum available to you under that law.