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.

Brain Training (Legacy Mode) is for your own use as an adult 18 or older. It is not intended for children, and you should not set it up for a child to use.

A local learner profile can be stored only on your device. Before Rusty uploads a child profile or processes live child voice, you must read the direct notice, complete the adult-controlled authorization step displayed in the app, confirm your authority to act for the child, and make the required consent choices. See our Direct Notice to Parents.

Rusty Tutoring is the current product and the one we continue to develop. Rusty Brain Training is kept available as Legacy Mode for people who already rely on it.

• Legacy Mode is provided as-is and is frozen. It will keep working, but it will not receive new features, new exercises, or product improvements, and we may limit it to security and stability fixes.
• We may discontinue Legacy Mode. If we retire it, we will give reasonable advance notice in the app or by email, and a way to export or delete your training data first.
• Your existing subscription is honoured. A subscription bought for the brain-training product keeps working for as long as it is active and Legacy Mode remains available, on the terms you bought it under.
• The two services are separate. Their subscriptions, entitlements, and data are distinct. Using one does not grant access to the other, and we do not convert an adult brain-training account into a child profile.
• You can move between them. Opening Legacy Mode requires passing a parental gate, because it contains purchases, web links, and adult-oriented content. Network friend codes, head-to-head challenges, and leaderboards are disabled in the current version.

Rusty is a learning companion for children roughly ages 6–10, with an initial K–3 math and reading scope and optional live voice. 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. A narrow safety rule may pause a lesson, show a parent handoff, and create a short non-verbatim record. An optional parent email may be attempted when enabled, but it is not guaranteed or continuously monitored. You must not rely on Rusty 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 cloud child information, withdraw consent, or delete your account using Parent Settings → Account and the selected child’s privacy controls. See our Contact & Privacy Rights page.

Friend codes, friend connections, head-to-head challenges, and leaderboards are disabled in the current version of Brain Training. They are not available in the app, and Rusty does not show network-social records to other users.

Historical social records may remain stored with an existing adult account so we do not silently discard account data. They are removed when the account is deleted, subject to the limited retention described in our Privacy Policy.

Purchases are sold through the Apple App Store and are subject to Apple’s terms. Rusty Tutoring includes an on-device option, a consumable 10 Voice Minutes purchase, and optional auto-renewing subscriptions. Brain Training has its separate adult subscription.

• On-device access. One local learner can use offline activities, reading, quizzes, and games without a subscription. Local child information stays on that device. Voice and cloud continuity are not included.
• 10 Voice Minutes. This is a consumable purchase that adds 10 non-expiring voice minutes to the signed-in Rusty family account. It does not renew and does not unlock Premium cloud features. Apple Restore Purchases does not restore consumables; unused minutes already credited to the same Rusty account return when you sign in.
• Premium and Family. These are separate monthly auto-renewing Rusty Tutoring subscriptions with the child limits, voice allowances, and cloud features shown in the app before purchase. Family supports up to four child profiles. Neither plan is unlimited.
• Brain Training (Legacy Mode) continues to offer the premium subscription it has always offered, on the terms you bought it under.
• They are separate products. A subscription to one does not unlock the other, and we will not silently convert, upgrade, or transfer a subscription between them. Restoring purchases restores whichever subscriptions and permanent Legacy purchases your Apple Account actually holds; the credited voice-minute balance follows the signed-in Rusty account.

• 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 use any account field or Service content to harass, abuse, or harm another person.

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 for authorized child voice), Supabase, Apple, RevenueCat, Meta, Resend, Vercel (website hosting), and, only when its alternate route is displayed, Epic Games (Kids Web Services). Adult Verbal Fluency separately uses OpenAI and OpenRouter. 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.

On the first active screen, iOS asks for tracking permission before Meta initializes or transmits. After that decision, Meta sends a one-time App Install event and may send a minimal app-activation/session attribution signal on later cold launches. It does not resend the App Install event. Meta may receive the Meta app identifier, Rusty’s bundle and version information, an anonymous app-install identifier, device and operating-system details, network information such as IP address, event time, and the tracking-choice status. Advertiser tracking and IDFA collection are enabled only after Allow and remain disabled after Ask App Not to Track. Automatic event and purchase logging remain disabled. Rusty does not set a Meta user ID or intentionally send custom events, account or profile details, child or family identifiers, learning activity, answers, voice or transcripts, safety records, purchase details, receipts, or subscription information. The Meta SDK’s privacy manifest and its install and activation behavior are treated as tracking, so Rusty uses Apple’s App Tracking Transparency framework. Opt-outs use Meta’s configured SKAdNetwork/Aggregated Event Measurement path. Meta controls its own retention and deletion practices.

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 will survive — including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution & Arbitration, Governing Law, and General.

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.