Xuxly Terms of Service

Version 2026-09-29. Effective September 29, 2026.

1. Your agreement with Nomenas

Xuxly is operated by Nomenas Digital LLC, a New Mexico limited liability company, Entity ID 0008105257 ("Nomenas," "we," "us," or "our"). Our business correspondence address is 1209 Mountain Road Pl NE, STE N, Albuquerque, NM 87110, USA. This is a correspondence address, not a public walk-in office. Legal notices: legal@xuxly.com. Support: support@xuxly.com.

These Terms govern the Xuxly website, Android application, account services, music catalog, download functions, internet-radio directory, and related features (together, the "Service"). They form an agreement between you and Nomenas when you affirmatively accept them. Do not create an account or use an acceptance-gated feature unless you agree. Where permitted by applicable law, continued use after conspicuous notice may also constitute acceptance; a footer link alone is not a substitute for an acceptance process where one is required.

The Creator Agreement applies when you activate creator capabilities or submit catalog content. The Radio Operator Agreement applies when you submit or operate a station listing. The Download and Offline-Use License applies when you obtain catalog downloads. The Acceptable Use Policy and Moderation and Reporting Policy form part of these Terms. The Copyright and DMCA Policy describes our copyright process. The Nonconsensual Intimate Image Removal Policy describes a separate reporting route for that material. The Privacy Policy and Cookie and Storage Notice describe data handling; acknowledging them is not blanket consent to all processing.

A feature-specific agreement prevails over these Terms only for the specific subject it addresses. The Download License controls the survival of authorized downloaded-copy permissions. A separate agreement signed by an authorized Nomenas representative prevails only to the extent it expressly identifies a different arrangement. Mandatory law prevails over all these documents.

2. Definitions

An Account is a registered Xuxly user account. A Listener uses playback, library, or download functions. A Creator or Artist submits a recording, release, artist profile, or associated material. A Radio Operator submits a station or its stream for listing. Content includes audio, artwork, text, metadata, profiles, images, and other submitted material. Xuxly Catalog Content is content approved and deliberately published in Xuxly's own catalog. Local Files are audio files already stored on your device and used through local playback. A Download is a copy obtained through an authorized Xuxly catalog-download function. User Content means Content you submit to the Service, excluding Local Files merely indexed or played on your device.

These Terms do not establish a category of prohibited European users or a "European Restricted Territory." Regional legal restrictions may nevertheless apply to particular content or features.

3. Eligibility, age, and intended markets

To create an Account or independently use the online Service, you must be at least 18 years old and have reached the age required to enter this agreement without parental authorization where you live. Xuxly does not provide accounts for minors, including accounts created by a minor using an adult's credentials. A business representative must have authority to bind that business. These account rules do not declare that listening to music or using a genuinely offline local player is an age-restricted activity under law.

The Service is intended primarily for the United States and other non-European markets. Nomenas does not specifically direct its marketing or commercial offering to the European Union or European Economic Area. This statement of market orientation is not a representation that people in those locations are technically blocked. Access from Europe is not, by itself, a breach of these Terms, and we do not require a declaration of non-European nationality or residence.

You may use the Service only where the activity is lawful. We may restrict a particular feature, item, or location when reasonably necessary to comply with applicable law, rights restrictions, sanctions, or a binding order. You must not evade an actual restriction imposed for those reasons. Nothing in these Terms requires you to waive mandatory privacy or consumer rights, or transfers Nomenas's own legal duties to you.

4. Accounts and communications

Provide accurate account information, keep your contact email current, protect your credentials, and promptly report suspected compromise. Do not transfer, sell, rent, or share an Account. You are responsible for your own use and use you authorize, but this does not make you strictly liable for unauthorized activity outside your reasonable control.

We may require email verification or other proportionate confirmation before granting sensitive capabilities, publishing Content, or authorizing downloads. A verification or review status is not a guarantee of identity, copyright ownership, quality, or safety. Creator and radio capabilities require separate acceptance and approval; they are not obtained merely by registering a Listener Account.

We may send account, security, publication, copyright, legal-change, and other necessary service notices. Promotional email is optional and is not a condition of service. You may withdraw marketing permission separately from essential communications.

5. Free listening, Plus, and voluntary support

Online streaming, ordinary listener accounts, creator submission, and station listing are available without a Xuxly charge. Catalog downloads and an ad-free app are support-funded features. You remain responsible for connectivity, mobile data, equipment, app-store charges, taxes, and third-party service costs that apply to you.

Xuxly Plus costs US $10 per year, plus any tax shown at checkout. It gives the purchasing Account catalog-download access and an ad-free Xuxly experience during the paid period. Plus renews annually until canceled. You may stop renewal through the billing controls before the next charge; stopping renewal does not end the period already paid for. Deleting an Account is not a substitute for canceling a subscription.

Support Xuxly is a one-time payment in an amount you choose within the range shown at checkout. For a signed-in Account, a contribution of at least US $10 includes one year of Plus without automatic renewal. A contribution of at least US $50 also makes that Account ad-free for the lifetime of the Account and Service. An anonymous contribution cannot receive account benefits because there is no Account to which we can attach them. These thresholds are based on the contribution amount before tax.

Stripe processes web payments. Xuxly does not receive or store your full payment-card number. Prices, renewal terms, benefits, and the final amount are displayed before you authorize payment. Except where law requires otherwise or a payment was unauthorized, duplicated, or technically erroneous, fees for a period already begun and voluntary support contributions are nonrefundable. Contact support@xuxly.com promptly about a payment problem. App-store purchases, when offered, are also subject to the store's billing and refund rules.

"Ad-free for life" has no cash value and means that Xuxly-operated advertising will remain disabled for that Account while the Account and the relevant Xuxly Service continue to exist. It does not remove advertising embedded by an independent radio station in its own stream or advertising outside Xuxly.

Publishing content, accumulating plays, appearing in charts, or operating a listed station does not create a right to royalties, revenue share, employment, reimbursement, or other compensation from Nomenas. A different compensation arrangement requires an express separate written agreement with Nomenas. This does not extinguish nonwaivable rights of a person who did not authorize the relevant use.

6. Three separate music sources

Local Files. You retain your rights in your Local Files. Merely scanning or playing them does not upload the audio to Xuxly or grant Nomenas a publication license. You are responsible for having any permission required for your use. Account-backed library functions may process the associated state described in the Privacy Policy, but they do not silently convert your local collection into a public catalog.

Xuxly catalog. Catalog recordings are made available under permissions obtained for the Service. You may stream them through authorized playback for personal, noncommercial listening. Downloads require the separate Download License and the account conditions applicable to the download function. Copyright ownership is not transferred to you. Availability of a public playback or media URL is not an unrestricted redistribution license.

Internet radio. Listed stations are independent sources using third-party stream infrastructure, except where a station is expressly identified as operated by Nomenas. A stream may contain advertisements, live programming, or material not individually reviewed by Xuxly. The station is responsible for its stream, programming, and rights. Connecting to the stream may disclose network data to its operator or hosting provider. Directory listing or technical validation is not an endorsement or certification of every item broadcast.

Xuxly does not distribute your uploads to Spotify, TIDAL, Apple Music, Amazon Music, or other outside music services and does not collect or pass through royalties from them. A separate project or service would require a separate agreement.

7. Software and use permissions

Subject to these Terms, Nomenas grants you a limited, nonexclusive, personal, nontransferable license to use the Xuxly application and user-facing features for their intended purposes. Rights in third-party and open-source components remain governed by their applicable licenses, which prevail for those components where they grant rights these Terms cannot restrict.

You may not copy or exploit the Service's code, branding, or protected materials except as permitted by this agreement, a relevant open-source license, or applicable law. Do not evade access controls, download restrictions, security measures, or an account suspension. Do not automate bulk collection, impersonate another person, manipulate listening figures, or use the Service to create a substitute catalog without written authorization.

We may apply reasonable account, device, request, bandwidth, and download limits, including individual restrictions to address abuse. A displayed limit is an operational ceiling, not an entitlement or a service-level guarantee. An album counts as its constituent tracks and bytes. We may change limits without charging you; a lower future limit does not revoke an already lawful downloaded-copy license.

Do not interact with the Service in a manner that interferes with safe vehicle operation or violates applicable driving laws. Android Auto compatibility does not make manual interaction safe in every situation.

8. Your profiles, playlists, and other submissions

You retain the rights you hold in User Content. For material outside the Creator or Radio Operator Agreement, you grant Nomenas a nonexclusive, worldwide, royalty-free permission to host, reproduce, technically format, and display it only as reasonably needed to operate, protect, and provide the functions you use. Publication follows your chosen public state; a private playlist is not licensed for unrelated public marketing.

You must have the necessary authority for material you submit, including permissions relating to artwork, names, personal information, and collaborators. This general account-content clause does not authorize publishing your Local Files or grant a license to train a generative model on your music. Broader catalog and promotional permissions are addressed separately in the Creator Agreement.

Public information can be seen, copied, linked, or indexed by others. Withdrawing publication does not allow us to retrieve every copy already made outside systems we control. We may retain restricted evidence and backups only in accordance with the Privacy Policy, applicable law, and the relevant content agreement.

9. Review, discovery, and content tools

Nomenas may approve, decline, restrict, remove, rank, or stop recommending Content in accordance with the relevant agreements and policies. Approval does not publish a creator release or radio listing until its owner takes the required publication action. Review is not legal advice or a copyright clearance service.

There is no guarantee of acceptance, audience, chart placement, discoverability, revenue, continuous listing, or a minimum number of streams. Listening statistics are service indicators, not audited audience certificates, royalty accounts, or payment promises. We may correct or exclude suspicious activity.

We do not impose a general public "AI-generated" or "AI-assisted" label solely because creation tools were used. Any specific legally required disclosure, provenance handling, or response to an impersonation claim is a separate matter. You must not make false factual claims about authorship, affiliation, endorsement, or rights.

10. Suspension, termination, and your exit

You may stop using the Service at any time and may request Account deletion through the available settings or legal@xuxly.com. Profile hiding, cancellation of an Account, removal of catalog content, and deletion of retained evidence are different actions. The Privacy Policy and Account Deletion Notice explain the applicable handling. A creator withdrawal is governed by the Creator Agreement, including its 30-day ordinary removal period.

We may immediately restrict features, hide material, revoke access grants, or suspend an Account where reasonably necessary for infringement, serious or repeated policy breaches, security incidents, fraud, unlawful activity, a binding order, or a material threat to the Service or others. We may preserve relevant evidence. Where appropriate and lawful, we will provide a reason and an opportunity for review. We may withhold details that would compromise security, another person's rights, or an investigation.

For discontinuing an otherwise compliant Account or the Service for business reasons, we will normally give reasonable advance notice when practicable, unless a legal, security, technical, or other urgent circumstance prevents it. Free service does not include guaranteed continued operation. You are responsible for keeping your own original files and backups; Xuxly is not a master-recording archive.

Termination ends future access, not automatically the personal license in a lawfully obtained Download. The Download License controls that question. We do not remotely delete ordinary audio files from your devices. App-private files may nevertheless be lost through local deletion, uninstalling the app, clearing app data, device failure, or operating-system behavior.

11. Service availability and disclaimers

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND NOMENAS-SUPPLIED SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE." NOMENAS DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT TO THE EXTENT THEY MAY LAWFULLY BE DISCLAIMED.

We do not warrant uninterrupted or error-free operation, permanent availability of Content, compatibility with every device or third-party system, recovery of lost files, or complete prevention of copying or misuse. Security measures reduce risk but cannot guarantee that every attack, unauthorized copy, or interruption will be prevented. Public radio streams and third-party material remain subject to their own operation and availability.

Nothing in this section excludes an express obligation we have specifically undertaken, excuses a duty imposed by mandatory law, or overrides non-excludable statutory warranties.

12. Limitation of liability

To the fullest extent applicable law permits, Nomenas and its members, managers, officers, employees, and agents, when acting in that capacity (the "Nomenas Parties"), are not liable for indirect, consequential, incidental, special, exemplary, or punitive damages, or for lost profits, lost business opportunities, loss of goodwill, or loss of data resulting from your use of or inability to use the Service, even if advised of the possibility.

To the fullest extent applicable law permits, the aggregate liability of the Nomenas Parties together for all claims arising out of or relating to the Service or these Terms will not exceed US $100. This is a combined cap, not a separate cap for each claim, defendant, or legal theory.

These limitations do not exclude or limit liability for fraud, willful misconduct, gross negligence, death or personal injury caused by negligence, or any other liability, remedy, or statutory right that applicable law does not allow us to limit. Where a jurisdiction does not permit a particular limitation, that limitation applies only to the extent permitted there. The limitations are an allocation of risk for a free service, not a statement that every claim against us is barred.

13. Third-party claims caused by your conduct

To the extent permitted by applicable law, you will indemnify the Nomenas Parties for reasonable third-party claims, resulting damages, and reasonable legal costs to the extent caused by your unlawful submissions, infringement of another person's rights, material breach of your content representations, or deliberate abuse of the Service. Ordinary lawful listening does not create an indemnity obligation. Your good-faith complaint or exercise of statutory rights is not a breach and is not penalized.

We must notify you reasonably promptly of a claim and cooperate reasonably. Failure to give prompt notice reduces your obligation only to the extent it materially prejudices your defense. Defense and settlement must be coordinated; no settlement may impose an admission, payment, or nonmonetary obligation on an indemnified party without its written consent, not unreasonably withheld. We may participate through our counsel and may take over the defense where a material conflict or your failure to defend requires it. Recoverable costs must be reasonable and legally recoverable, with no duplicate recovery.

You do not indemnify a Nomenas Party for its own fraud, willful misconduct, gross negligence, independent legal violation, or portion of a loss not caused by your covered conduct. The Creator and Radio Operator Agreements provide more specific provisions for those activities. No contractual indemnity binds a rights holder or regulator that is not a party.

14. Applicable law and disputes

New Mexico law governs this agreement, without applying conflict-of-law rules to displace the mandatory law that protects you. Applicable federal law remains applicable.

Before litigation, either party may send a dispute notice describing the facts and requested resolution to the other's designated contact. We ask the parties to attempt an informal resolution for 30 days. This is not a condition that prevents timely filing, urgent relief, a small-claims case, a statutory complaint, or contact with a regulator. It does not shorten any limitation period.

Subject to mandatory forum rights, the parties submit disputes arising from this agreement to courts of competent jurisdiction in Bernalillo County, New Mexico, or the United States District Court for the District of New Mexico. A claim may be brought in another court where applicable law gives a nonwaivable right to do so. A DMCA counter-notice requires its own statutory jurisdiction statement, which this section does not replace.

There is no mandatory arbitration, contractual class-action waiver, jury-trial waiver, or contractual shortening of a statutory claim period in this version. Legal costs and attorneys' fees are recoverable only where a valid agreement or applicable law authorizes them.

15. Changes and general terms

We may update these Terms prospectively. Material changes will be communicated through a conspicuous website/app notice, email, or renewed acceptance as appropriate. Normally we will give at least 30 days' notice of a materially adverse contractual change; urgent legal or security changes may take effect sooner to the extent lawful. Fresh affirmative acceptance will be obtained where required. Continued use will not be treated as authorization to charge for a future paid plan. A change will not retroactively remove a vested download permission or an accrued claim.

If a provision is unenforceable, the rest remains effective to the extent the agreement can lawfully continue. Failure to enforce a provision once is not a waiver. You may not assign an Account or this agreement without our written consent, except where applicable law provides otherwise. We may assign the agreement as part of a genuine merger, reorganization, or business transfer, subject to applicable privacy law and without reducing accrued rights.

This agreement is with Nomenas Digital LLC. It does not itself create a personal guarantee by a member, manager, or employee. The Nomenas Parties may enforce the protections expressly granted to them, subject to mandatory law; no other third party receives rights unless expressly stated. No employment, agency, partnership, fiduciary, or collecting-society relationship is created with you.

The English text is the contractual version, subject to mandatory local language and consumer-law requirements. Legal notices to us should be sent to legal@xuxly.com or the correspondence address in Section 1. Email does not replace formal service of court process where law requires another method.

Provisions that by their nature must continue, including accrued claims, properly surviving licenses, legal-defense record permissions, liability allocation, valid indemnities, and dispute rules, survive termination to their lawful extent.