“XYN Applications” Services Terms of Use

These Terms of Use provide the terms and conditions regarding your use of and access to the services provided under the “XYN” brand and any other services separately designated by Sony Electronics Inc. (“Sony”) (collectively, “SERVICE”), and applies to the relationship between you (including, where you act on behalf of a corporation or other business entity, such corporation or business entity; collectively “you” or “User”) and Sony.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND SONY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

If you have not reached the legal age of majority, you may use the SERVICE only with verifiable consent from your parent or legal guardian, consistent with applicable law. If you register or use the SERVICE on behalf of an entity, you represent and warrant that you are authorized to bind that entity.

Application of these Terms of Use

By using the SERVICE, you agree to comply with these Terms of Use and all relevant applicable laws. If you do not agree to these Terms of Use, please refrain from using the SERVICE.

Sony may impose additional rules, guidelines, terms and directions on your use of the SERVICE (“Additional Rules”) at any time and without notice to you. If there is any conflict between such Additional Rules and these Terms of Use, the Additional Rules shall prevail. These Terms of Use together with the Additional Rules are referenced in this document as the “TERMS” collectively.

The SERVICE

Sony grants you a limited, non-exclusive, non-transferable, and revocable license to use the SERVICE solely for the applicable purpose and in accordance with the TERMS and any instructions provided by Sony.
1. Beta-version components: use is limited to internal evaluation and non-production testing; commercial or external deployment is not permitted. You may permit subcontractor access solely as necessary for that evaluation, under written terms at least as protective as these TERMS, and you remain responsible for the subcontractor’s compliance.
2. Non-beta components: for your personal and domestic purposes, or if you are a business customer, for your internal business use only, subject to applicable law (including export/control and sanctions).
The relevant software, data and documents, etc. and their updated/upgraded versions also constitute part of the SERVICE.
You acknowledge and agree that access to the SERVICE requires an internet connection for which User is solely responsible. Further, User is solely responsible for payment of any third-party fees associated with User’s internet connection, including but not limited to internet service provider or airtime charges. Operation of the SERVICE may be limited or restricted depending on the capabilities, bandwidth or technical limitations of User’s internet connection and service. The provision, quality and security of such internet connectivity are the sole responsibility of the third party providing such service, and Sony shall not be liable in any way.
The SERVICE may be used for storage of data in a limited storage space or spaces determined by Sony. You are responsible for maintaining backups. With respect to any beta-version components included in the SERVICE, upon expiration of the applicable provision period, Sony may delete any data stored by you without prior notice to you. Sony shall not be liable for loss, alteration or the like of data stored and/or contained in the SERVICE or used while accessing and using the SERVICE, or inability to access, use, upload or download data contained in the SERVICE except as provided in Section 10 below, nor shall Sony be liable in the event of deletion of a user account, or for alteration, interruption or termination of the SERVICE.
Parts of the SERVICE may be provided for a fee, and the applicable prices, payment terms, and other conditions will be separately notified by Sony. Sony may introduce or modify fees. Fee changes take effect at the start of your next billing cycle. If you do not agree, you may cancel before the effective date.
Except as expressly stated in these TERMS, fees are non-refundable, provided that (i) where required by law, consumers retain statutory withdrawal/cancellation rights; and (ii) if Sony discontinues a paid feature during your term, you may terminate that feature and receive a pro-rata refund for the unused portion.

USER ACCOUNT

You shall accurately provide Sony with such required information as specified by Sony, and create a user account for using the SERVICE (such user account, the “ACCOUNT”).
You may use the SERVICE by using a Sony account. The use of a Sony account by you shall be subject to the Sony Account Terms of Service and the Sony Account Privacy Policy, which apply separately. In addition, you may create an ACCOUNT using user accounts for other services (including services provided by third parties) which are separately specified by Sony.
You shall not use the ACCOUNT of another customer to use the SERVICE, and you shall not have a third party use your ACCOUNT.
You shall properly manage the information concerning your ACCOUNT, including your ID and password. You are solely responsible for any of the actions taken by using the SERVICE through your ACCOUNT as well as for the consequences thereof.

Prohibitions

In using the SERVICE, User shall not attempt or conduct any of the following acts and shall not cooperate with, or promote any of such acts by, any third party:
1. Infringing the rights of Sony or a third party or legally protected interests (including, without limitation, intellectual property rights, trade secrets, honor, privacy, portrait rights, publicity rights, ownership rights and any other rights under any law or contract);
2. Violating laws or court decisions, ruling, orders or other legally binding dispositions by public institutions;
3. Offending public order and morals;
4. Downloading, distributing, making available for public transmission, modifying, operating, reverse engineering, decompiling, disassembling, erasing, etc. of all or any part of the SERVICE beyond the scope expressly authorized by Sony (including the case of disabling or avoiding functions such as content protection and access control, or intentionally misusing defects in the SERVICE);
5. For information terminals, network devices, systems, etc. managed by Sony or a third party, obstructing their proper operation, controlling their operations, or incorporating or executing viruses, BOT and other technical programs/files to view, acquire or damage data;
6. Interfering, or conducting acts which may result in interference, with the normal and smooth operation of this SERVICE, such as giving an excessive burden to the server etc. of this SERVICE or making an excessive request beyond the scope of legitimate exercise of the rights under the TERMS;
7. With respect to all the information obtained through the SERVICE, using it, or permitting any third party to use it, for any purpose other than the Purpose, by way of copying, selling, publishing, disclosing or any other means (except where approved in the TERMS or approved in advance by Sony);
8. Removing, altering, covering or defacing any trademarks or notices on the SERVICE;
9. Using SERVICE-provided datasets, models, outputs, or metadata to train, fine-tune, or otherwise improve any Generative AI system, unless expressly authorized in writing by Sony. For clarity, this does not restrict your use of your own independently created or uploaded User Content to train or fine-tune your models, provided such use does not access, extract, or combine non-public SERVICE materials.
10. Providing benefit to, or otherwise cooperate with, antisocial forces;
11. Violating the TERMS; and
12. Acts that Sony considers inappropriate, in its sole discretion.
If Sony determines that User is in breach of the TERMS, Sony may limit or suspend use of such User’s account or take any other action it deems appropriate, in Sony’s sole discretion, and shall not be liable in any way for such action except as provided in Section 10 below.
Sony is not obligated to monitor User activity. To the extent permitted by law, Sony may log and review limited activity data for legitimate purposes such as security, fraud prevention, and compliance. Any review or disclosure will be proportionate, subject to access controls, and conducted in accordance with the Sony Account Privacy Policy.

Intellectual Property Rights

Intellectual property rights and other rights relating to the SERVICE are owned or controlled by Sony, Sony’s affiliates or the original right holder who licensed such rights to Sony (the latter two, the “Original Rights Holder”).
The SERVICE may include, but not be limited to, service, and contents software, etc. for which Sony or the Original Rights Holder has set different terms of use from these TERMS. If Sony notifies such terms of use within the SERVICE, User shall use the SERVICE in accordance with such terms of use as well.
Notwithstanding Section 5.1 above, copyrights in and to the data, images, videos, and other information created, modified, or uploaded by you on the SERVICE (collectively, the “User Content”), shall belong to you or to any party that has granted you a license to use such rights.
You represent and warrant to Sony and the Original Rights Holder that: (i) you have obtained all rights and permissions necessary to create, generate, transmit, process, use, or otherwise handle the User Content; and (ii) you hereby grant Sony, the Original Rights Holder, and any entities designated by them, the non-exclusive, worldwide, royalty-free license solely to host, reproduce, display, perform, adapt, and distribute your User Content as reasonably necessary to provide, maintain, secure, and improve the SERVICE and compatible Sony features you enable. For User Content shared privately or with limited recipients, Sony will not disclose or make public such content except as required by law. To the extent permitted by law, you waive moral rights only to the limited extent necessary for the foregoing purposes. It is the User’s responsibility to confirm and warrant that the User Content does not infringe upon the rights of third parties and otherwise conforms with the TERMS.
Sony, at its reasonable discretion, may take any action, including deletion from the SERVICE, regarding any User Content that Sony deems to be in violation of the TERMS or to be inappropriate for the operation of the SERVICE, without any notice to the User. Sony shall not be liable to the User for such action.

Feedback

With respect to the beta-version components included in the SERVICE, you shall, upon Sony’s request and in the manner specified by Sony, provide Sony with: (i) the CONTENTS, (ii) logs and other data generated or processed in relation to the CONTENTS and (iii) reports of any issues related to the SERVICE, as well as suggestions, comments, opinions, requests, ideas and other feedback for functional improvements related thereto (the above-mentioned (i) through (iii), collectively, the “FEEDBACK.” For the avoidance of doubt, FEEDBACK shall not include personal data as defined by applicable laws), and shall not disclose or provide all or any part of the FEEDBACK to any third party.
With respect to non-beta- components, you may also provide FEEDBACK to Sony in the manner specified by Sony.
You hereby grant Sony a worldwide, perpetual, irrevocable, royalty-free license (with the right to sublicense the same to third parties) permitting Sony or parties designated by Sony to use the FEEDBACK for the following purposes (such use includes reproduction, distribution, public transmission, partial omission and other adaptations):
1. Management of errors or bugs that occur during use of the SERVICE;
2. Management of the functions of the Service for the purpose of providing updates or upgraded versions of the SERVICE;
3. Improving, developing and enhancing Sony's or its affiliates' current and future products, software, services and businesses relating to the creation, editing, management and other functions of 3D contents;
4. Complying with applicable laws or regulations.
  
  Sony will not publicly attribute your Feedback without consent and will not use Feedback to disclose your confidential information. To the extent permitted by law, you waive moral rights only as necessary for these purposes.

Subcontractor

Sony may subcontract all or part of operations of the SERVICE to a third party (“Subcontractor”). Sony shall manage and supervise such Subcontractor(s) under its responsibilities.

Changes, Suspension, Termination of the SERVICE

Sony may, at its discretion, modify or terminate the SERVICE, in whole or in part. From time to time, the SERVICE may be automatically updated or modified for any or no reason. In addition, you may receive notifications requesting updates, in which case you will be required to perform such updates manually. These updates or modifications may change or terminate any function of the SERVICE, even those which User may rely upon. Sony may condition continued use of the SERVICE upon your complete installation or acceptance of such updates or modifications, and if you fail to perform updates in response to update notifications, all or part of the functions of the SERVICE may become unavailable.
Sony may suspend the provision of the SERVICE in whole or in part for a period of time it deems necessary if any of the following applies:
1. When there is an interruption in the provision of third-party services (including telecommunications services and cloud services) that are necessary to provide the SERVICE;
2. When it is necessary to suspend the SERVICE in order to perform maintenance or inspection of the system necessary for provision of the SERVICE or to deal with its failure, defect, etc.;
3. If the SERVICE cannot be provided due to a power outage, natural disaster, labor dispute or other force majeure event; or
4. When Sony deems it appropriate or unavoidable, in its sole discretion.
Except in the case of what Sony unilaterally deems to be necessary or an emergency, or otherwise set forth herein, Sony will notify User prior to any change, suspension or termination of all or any part of the SERVICE if such change, suspension or termination would have a significant impact on the User.
Sony shall not be liable for any damage or other consequences incurred or suffered by User in connection with any change, suspension or termination of the SERVICE.

Disclaimer

You acknowledge and agree that use of the SERVICE is at your sole risk, that you are responsible for use of the SERVICE, and that you are solely responsible for the User Content and the content, accuracy, and legality of any User Content. Nothing in these TERMS excludes any warranties, rights, or remedies that cannot be disclaimed under applicable law. The SERVICE is provided "AS IS" and Sony does not guarantee uninterrupted service; however, for paid tiers Sony will use commercially reasonable efforts to maintain availability and security and to provide security updates.
If any dispute arises between User and a third party due to infringement of rights or for any other reason in connection with the User’s use of the SERVICE, the User shall resolve such dispute at his/her own expense and responsibility, and Sony, its affiliates, subsidiaries, and/or its officers, directors, employees, representatives shall not in any way be held liable or accountable to such third party.
To the fullest extent permissible by law, Sony expressly disclaims all warranties, duties or conditions, express or implied, including, but not limited to, the implied warranties of merchantability, noninfringement and fitness for a particular purpose. Sony does not warrant or make any conditions or representations (A) that the SERVICE and/or the User Content will meet User’s requirements or that it will be updated, (B) that the SERVICE and/or the User Content is free of any defect or damage (including free of security related defects, errors, viruses or bugs) and that the SERVICE and/or the User Content is provided without defects or that any defects will be corrected), (C) that the SERVICE and/or the User Content will not damage any other software, hardware or data, (D) that any software, network services (including the internet) or products (other than the SERVICE and the User Content) upon which the SERVICE’s and/or the User Content’s performance depends will continue to be available, uninterrupted, or unmodified, and (E) regarding the use or the results of the use of the SERVICE and/or the User Content in terms of its correctness, accuracy, reliability, or otherwise.
The SERVICE is provided by Sony to User under the contract between Sony and the User based on the TERMS, and the Original Rights Holder or store operators from whom the User downloaded the application related to the SERVICE (“Store Operator”) shall not be held liable in any way to the User regarding the SERVICE, unless otherwise provided by law or the terms of use of such Store Operator.

Limitation of Liability

Notwithstanding any other provision of the TERMS and TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, in the event of any damages suffered by User due to Sony’s default or tort, Sony shall be liable for such damages only to the extent of the damage normally incurred by the User and up to the total amount of usage fees Sony received from the User in the preceding six (6) month period, and shall not be liable for lost profits, indirect damages, consequential damages, incidental damages, damages arising from special circumstances, or any other damages or losses, including those arising from force majeure (including cases that are foreseen or foreseeable). However, the exemption from liability for such damages under this Section 10 shall not apply to the extent that Sony’s liability results from its willful misconduct or gross negligence.

Amendment of the TERMS

Sony may change the TERMS at any time to the extent permitted by law. Sony will notify the revised TERMS, by sending an email to the email address you have registered, by posting a notice on a website designated by Sony, or by any other ways that Sony deems appropriate, with a prior notice period that Sony deems reasonable considering the changes, etc.; provided, however, that such prior notice period may not be provided if the changes are in accordance with the general interest of Users. By continuing to use the SERVICE, you have accepted the change(s), so you should periodically review the TERMS to stay aware of any changes to your and Sony's rights and obligations.

Confidentiality

This Section shall apply only to the beta-version components included in the SERVICE.

YOU shall hold in trust and confidence all of the information which is disclosed by Sony to you before, on, or after the effective date of the TERMS, whether in oral, visual, written, electronic or other form and which is clearly marked “Confidential” or other marking of similar nature by Sony or a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure (including, but not limited to, Sony’s technical information such as materials, drawings, software programs, samples, and other technical information, as well as Sony’s business plans and other commercial information; collectively, the “Confidential Information”).
You shall:
1. restrict access to the Confidential Information to only your officers and employees and your subcontractors who: (i) have a need to know such Confidential Information for the purpose of performing your obligations or exercising your rights under the TERMS and (ii) have agreed in writing with you to maintain the confidential nature of all information (including, but not limited to, that of third parties) received by them in the course of their engagement;
2. not use the Confidential Information for any purpose other than to perform your obligations or exercise your rights hereunder;
3. protect the Confidential Information against unauthorized use or disclosure with at least the same degree of care as you normally exercise to protect your own information of like character and importance, but in no event less than reasonable care or such higher standard of care as is justified by the facts and circumstances of the disclosure (by way of example, employing a secured transmission method even if transmission of such Confidential Information is permitted hereunder, and at any time not commingling with any other your information);
4. ensure that all tangible materials relating to or containing the Confidential Information be maintained in specific area or storages which are secluded from any access of third parties, your officers or employees or your subcontractors whose duties do not justify a need-to-know and plainly marked to indicate the confidential nature thereof to prevent unauthorized use or reproduction;
5. not perform reverse engineering or any other analysis of any software included in the Confidential Information without Sony’s instructions
6. not make any copies or reproductions (including, but not limited to, copy or reproduction by taking photographs) of such Confidential Information except as necessary for the purpose of performing your obligations or exercising your rights hereunder (for the avoidance of doubt, any copies or reproductions of the Confidential Information shall be deemed to be the Confidential Information); however, with regard to such Confidential Information as is clearly marked “Do Not Copy” or other marking of similar nature by Sony, not make any copies or reproductions thereof without Sony’s prior written consent; and
7. notify Sony immediately of any suspected, potential or actual divulgation, loss, or theft of materials embodying the Confidential Information, or breach of any obligation hereunder.
Notwithstanding the foregoing, the obligations and limitations under this Section shall not apply to any portion of the Confidential Information that:
1. was already known by you at the time of disclosure;
2. is obtained by you from a third party lawfully in possession thereof without any obligation of confidentiality;
3. is or becomes part of the public domain through no fault of your own;
4. is independently ascertained or developed by you without use of such Confidential Information; or
5. is approved for public release by written authorization of Sony.
In the event that you are required by law, ordinance, rule, regulation (including, but not limited to, those of public stock exchange) or court order to disclose any of the Confidential Information, notwithstanding the foregoing, you may so disclose such Confidential Information, provided that you make reasonable efforts to notify Sony in writing prior to making any such disclosure in order to allow Sony to seek a protective order or other appropriate remedy from the proper authority and you cooperate with Sony in seeking such order or other remedy or in defining the scope of any required disclosure. Further, notwithstanding the foregoing, you may disclose any of the Confidential Information to your attorneys and accountants if and to the extent such disclosure is necessary for them to render professional services to you.
In the event that you disclose the Confidential Information to a third party in accordance with the TERMS, you shall cause such third party to be bound by the confidentiality obligations no less restrictive than those of you hereunder. Failure by such third party to observe such obligations shall constitute a breach of the TERMS by you.
Upon request or beta conclusion, you will return or destroy Confidential Information within thirty (30) days and may retain copies as required by law or for compliance archiving, subject to continuing confidentiality. Your protection obligations apply with at least a reasonable degree of care. Sony may seek injunctive or other equitable relief for unauthorized use or disclosure.
You acknowledge that the unauthorized use or disclosure of the Confidential Information would cause irreparable harm and significant injury to Sony and monetary compensation may not be sufficient to cure the same. If such unauthorized use or disclosure should occur, you agree that Sony will have the right to enforce the TERMS and any of its provisions by injunction, specific performance or other equitable relief without prejudice to any other rights and remedies that Sony may have for your breach thereof.

Miscellaneous

If any provision of the TERMS is held to be unenforceable, the unenforceable provision shall be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision. This shall not affect the validity or enforceability of the remaining provisions.
The TERMS are governed by the laws of the State of Delaware (USA), without regard to conflicts rules, except that mandatory consumer protection laws of your place of residence will apply where required.
Dispute Resolution (Including Binding Arbitration):

“Dispute” is defined as any disagreement, cause of action, claim, controversy, or proceeding between you and any Sony related to or arising out of the provision of the SERVICE by Sony, your use and/or subscription of the SERVICE, or the TERMS. Dispute is to be given the broadest possible meaning that will be enforced.

You and Sony agree that all Disputes shall be resolved exclusively through binding arbitration. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect confidential information, intellectual property, or security pending arbitration. If the class waiver is found unenforceable as to a particular claim, that claim must be litigated in court, and the remainder of this arbitration agreement remains in force. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY DISPUTES IN COURT. You also agree that ANY DISPUTE RESOLUTION PROCEEDING WILL ONLY CONSIDER YOUR INDIVIDUAL CLAIMS, AND BOTH PARTIES AGREE NOT TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Despite the above, you have the right to litigate any Dispute on an individual basis in small claims court or other similar court of limited jurisdiction, to the extent the amount at issue does not exceed $15,000, and as long as such court has proper jurisdiction and all other requirements (including amount in controversy) are satisfied.

Arbitration Instructions. To begin Arbitration, either you or Sony must make a written demand to the other for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules, and the Supplementary Proceedings for Consumer-Related disputes when applicable (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim is filed. You may get a copy of AAA’s Rules by contacting AAA at 1-800-778-7879 or visiting www.adr.org. The filing fees to begin and carry out arbitration will be shared between you and Sony, but in no event shall your fees ever exceed the amount allowable by the special rules for Consumers Disputes provided for by AAA, at which point Sony will cover all additional administrative fees and expenses. This does not prohibit the Arbitrator from giving the winning party their fees and expenses of the arbitration when appropriate pursuant to the Rules. Unless you and Sony agree differently, the arbitration will take place in the county and state where you live, and applicable federal or state law shall govern the substance of any Dispute during the arbitration. However, the Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern the arbitration itself and not any state law on arbitration. If you use or subscribe the SERVICE in the United States, but subsequently live outside of the United States, arbitration will take place in the country in which you used or subscribed the SERVICE. The Arbitrator’s decision will be binding and final, except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only to the extent necessary to provide relief warranted by that party’s individual claim, and any court with jurisdiction over the parties may enforce the arbitrator’s decision.

Opt-Out Instructions. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION, THEN: (1) you must notify Sony in writing within 30 days of the date that you first used the SERVICE; (2) your written notification must be mailed to Sony Electronics Inc., 16535 Via Esprillo, MZ 1105, San Diego CA 92127, Attn: Legal Department; AND (3) your written notification must include (a) your NAME, (b) your ADDRESS, (c) the DATE you first used the SERVICE, and (d) a clear statement that “YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ELECTRONICS ENTITY THROUGH ARBITRATION AND/OR BE BOUND BY THE CLASS ACTION WAIVER.”

Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will continue to enjoy the benefits of the Limited Warranty.
Neither the TERMS nor any of the rights and obligations of User thereunder shall be assignable or transferable, in whole or in part, to any third party without prior written consent of Sony. Sony may, without prior written consent of the User, assign and transfer the rights and obligations thereunder to a third party, including but not limited to its affiliate. Any assignment or attempted assignment in violation of the provisions of this Section shall be null and void. Subject to the foregoing, the TERMS shall be binding upon and inure to the benefit of the successors, representatives, and administrators.
Only those Original Rights Holders and Store Operators whose services or stores you actually use in connection with the SERVICE are intended third-party beneficiaries, and only with respect to provisions that specifically apply to their services or stores.

Version: March 23, 2026

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