Terms of Service

Rusty is a child-directed service, and only an adult may hold an account. You must be 18 or older and the parent or legal guardian of each child you add — or otherwise legally authorized to make privacy decisions for that child. Children do not create accounts, do not provide an email address, and do not agree to these Terms; they use a profile you create and control.

Before Rusty collects any information about a child, you must complete an independent adult-verification check through Kids Web Services (Epic Games) and give affirmative consent. See our Direct Notice to Parents.

Rusty is a voice-based learning companion for children roughly ages 6–10. It is intended for general education and enrichment, with a parent involved.

Rusty is not a teacher, tutor, therapist, or caregiver, and it is not a substitute for one. It does not supervise your child. Rusty is an AI and tells children so; it must not be relied on as a source of emotional support or safety.

Rusty is not an emergency service. If Rusty detects a possible safety concern it will pause the lesson and alert you, but you must not rely on it to detect danger. In an emergency, contact your local emergency number.

Rusty’s responses are generated by an AI model and can be wrong. Please stay involved and review what your child is learning.

• You are responsible for the accuracy of the information you provide, including information about your child, and for all activity under your account.
• You confirm you are each child’s parent or legal guardian, or are otherwise authorized to consent on their behalf.
• Keep your login credentials secure and notify us promptly of any unauthorized use at support@userusty.xyz. Do not let a child use your parent credentials.
• You may not share, sell, or transfer your account, or create a profile for a child you are not authorized to act for.
• You can review, export, or delete any child’s information, withdraw consent, or delete your whole account at any time in Parent Settings → Privacy & Data. See our Contact & Privacy Rights page.

Rusty offers a free tier and an auto-renewing premium subscription ("Rusty Premium"). Subscriptions are sold through the Apple App Store and are subject to Apple's terms.

• Billing. Payment is charged to your Apple Account at confirmation of purchase. Prices are shown in the app before you buy and may vary by region and over time.
• Free trial. If a free trial is offered, any unused portion is forfeited when you purchase a subscription. Unless you cancel at least 24 hours before the trial ends, it automatically converts to a paid subscription at the then-current price.
• Auto-renewal. Your subscription automatically renews for the same period unless you cancel at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within the 24 hours before the period ends.
• Managing & canceling. Manage or cancel anytime in iOS Settings → your name → Subscriptions. Deleting the app does not cancel your subscription.
• Refunds. Purchases are processed by Apple and subject to Apple's refund policies; we generally cannot issue refunds directly. Except where required by law, payments are non-refundable and there are no refunds or credits for partially used periods.
• Price changes. If we change a subscription price, we will notify you, and the change applies to your next renewal in accordance with Apple's rules. Continuing your subscription after a price change constitutes acceptance.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Rusty app on Apple devices you own or control, and to access the website, for your own personal, non-commercial use. We reserve all rights not expressly granted.

You agree not to:

• Use the Service in violation of any law or regulation, or for any unlawful, harmful, or fraudulent purpose.
• Copy, modify, distribute, sell, lease, reverse-engineer, decompile, or attempt to extract the source code of the app, except where such a restriction is prohibited by law.
• Access the Service through automated means, scrape it, or interfere with or disrupt its integrity, security, or performance.
• Attempt to gain unauthorized access to any account, system, or data, or circumvent usage limits, paywalls, or security features.
• Upload or transmit anything unlawful, infringing, or harmful, or submit audio you do not have the right to submit or that contains other people's personal information without their consent.
• Impersonate anyone, misrepresent your affiliation, or harass, abuse, or harm other users through social features.

We may investigate and take appropriate action — including removing content and suspending or terminating accounts — for any violation.

While a session is running, your child’s speech is streamed to our AI provider so Rusty can understand them and reply out loud. Rusty does not save recordings of your child’s voice or transcripts of what they say, and does not store free-text writing by a child. What Rusty keeps is the structured record of what was practiced. The Privacy Policy and Child Data Retention Policy govern all of this and control if there is any conflict with this section.

You grant Rusty only the rights needed to operate the Service for your family — processing a session while it runs and storing the structured learning record you can view and delete. We do not use your child’s content to train AI models, and our AI provider states that it does not either. We do not sell it, and we do not use it for advertising.

You represent that you have the authority to allow this processing for each child on your account.

The Service — including the Rusty name, logo, fox mascot, software, design, text, graphics, and exercises — is owned by or licensed to Rusty and protected by intellectual-property laws. Except for the limited license above, these Terms grant you no right to our trademarks, branding, or content. Any feedback you send us is voluntary, and we may use it without obligation to you.

The Service relies on third parties, including Google (Gemini on Google Cloud, which powers the AI tutor), Epic Games (Kids Web Services, which verifies you are an adult), Supabase, Apple, RevenueCat, and Resend. The complete list and what each one receives is on our Service Providers page. We are not responsible for third-party services or content, and your use of them directly is governed by their own terms and privacy policies.

You agree to defend, indemnify, and hold harmless Rusty and its officers, directors, employees, and agents from any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to your User Content, your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

These Terms are between you and Rusty only, not Apple, and Apple is not responsible for the Service. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Rusty, not Apple, is responsible for the app, its content, maintenance, and support, and for addressing any claims relating to the app (including product-liability, legal/regulatory, or intellectual-property claims). You represent that you are not located in a U.S.-embargoed country or on a U.S. prohibited-party list, and you must comply with applicable third-party terms (for example, your wireless carrier's). Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without notice, if you violate these Terms or to protect the Service or other users. Provisions that by their nature should survive termination — including Sections 7 through 18 — will survive.

Please read this section carefully — it affects your legal rights. If you are a consumer outside the United States, mandatory local laws may give you rights that override parts of this Section.

• Informal resolution first. Before filing anything, email support@userusty.xyz describing the dispute. We will try in good faith to resolve it within 30 days.
• Binding arbitration. If we can't resolve it, you and Rusty agree that any dispute relating to the Service or these Terms will be resolved by binding individual arbitration administered by a recognized arbitration body under its consumer rules, rather than in court — except that either party may bring an individual claim in small-claims court, and either party may seek injunctive relief for intellectual-property misuse.
• Class-action waiver. Disputes will be brought only in your individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding, to the fullest extent permitted by law.
• Opt out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@userusty.xyz with your account email and the statement "I opt out of arbitration."

These Terms are governed by the laws of the State of California, USA, excluding its conflict-of-laws rules and the U.N. Convention on Contracts for the International Sale of Goods. Subject to the arbitration section above, any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in California, and you consent to their jurisdiction — except where mandatory local consumer law provides otherwise.

We may modify or discontinue the Service, in whole or in part, at any time. We may also update these Terms; if changes are material, we will provide notice in the app or by email before they take effect. Your continued use after the effective date means you accept the updated Terms. If you do not agree, stop using the Service and delete your account.

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Rusty regarding the Service.
• Severability. If any provision is held unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
• Notices & contact. Reach us at support@userusty.xyz for support and privacy@userusty.com for privacy matters.