Terms of Service

Preamble

MWM SAS is a French simplified joint stock company with its headquarters located at 1, Cours de l'Île Seguin, 92100, Boulogne-Billancourt, France, and registered in the Nanterre trade and company register under number 513 627 299.

These terms constitute a legal agreement between you and MWM SAS ("MWM," "we," or "us"). Your use of MWM AI and the services made available (the "Services") is subject to these Terms of Service (these "Terms").

MWM AI enables users to generate native iOS applications (Swift/SwiftUI) from a prompt and supports build and publication workflows. Specific features may vary by plan and may change over time.

By using MWM AI and any of our Services, you:

• Acknowledge that you have read and understood these Terms;
• Agree to be bound by these Terms;
• Agree to our Privacy Policy; and
• Commit to comply with all applicable laws and regulations.

If you have any questions or request, feel free to contact us by email at contact@mwm.io.

1. Definitions

Application: means any mobile application, and any related source code, binaries, build artifacts, assets, metadata, store listings, or other materials that are created, generated, compiled, signed, deployed, submitted, published, or otherwise produced using the Services.

Beta Features: means any features, products, or functionality that are identified as alpha, beta, preview, experimental, early access, "labs," or similar.

Business User: means a user that uses the Services in the course of its trade, business, craft, or profession, or on behalf of an Organization.

Consumer: means a User acting for purposes that are wholly or mainly outside that User's trade, business, craft, or profession.

Customer Content: means Inputs, Outputs, Projects, Applications, and any other data, files, materials, or content that you (or anyone acting through your account) upload, submit, transmit, generate, store, publish, or otherwise make available through the Services.

Creator: means the user who creates Projects (as defined below) using the Services.

Credits: means the prepaid, non-refundable, non-redeemable usage units you purchase or receive to use the Services. Credits are consumed as you use the Services.

End-User: means any person who downloads or uses an Application published by a Publisher.

Input: means text prompts and any materials provided by you to the Services.

MWM Materials: means the Services and all related software, technology, documentation, tools, templates, algorithms, models, interfaces, content, and other materials that we develop, provide, or make available, together with all improvements, modifications, and derivative works provided by MWM (excluding your Inputs/Outputs).

Output: means the generated artifacts produced by the Services based on Inputs (including code, resources, and configuration).

Project: means the set of artifacts produced within the Services (including prompts, code, configurations, assets, and build outputs).

Publisher: means the user (or Organization) that submits an Application to an app store and is legally responsible as the publisher/developer of record in that store.

Publishing Partnership Agreement: means any separate written agreement between you and MWM under which MWM provides publishing and/or growth services for an Application, and that may define different roles, ownership, revenue share, or "publisher/developer of record" arrangements than those in these Terms.

Sanctions Laws: means economic or financial sanctions, export control laws, and embargoes administered or enforced by the European Union, France, the United Nations, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce, the United Kingdom (including OFSI), or any other relevant governmental authority.

Services: means the MWM AI platform enabling users to generate mobile applications from prompts, compile/build them, and (where enabled) assist with publishing to app stores, plus related features.

Third-Party Components: means any third-party tools, SDKs, libraries, models, APIs, or services integrated with or used by the Services (including but not limited to app stores, payment processors, infrastructure service providers, and third-party artificial intelligence model providers).

2. Acceptance & Eligibility

By accessing or using the Services, you agree to these Terms of Services.

You represent that you are at least eighteen (18) years old, or the age of majority in your jurisdiction, and have capacity to enter into contracts. The Services are not intended for individuals under the age of eighteen (18), and we do not knowingly collect or solicit personal data from anyone under this age.

If you use the Services on behalf of a company or other entity, you represent you have authority to bind that entity (the "Organization") and "you" refers to both you and the Organization.

MWM reserves the right to amend these Terms of Services at any time, in full or in part. The amended version of the Terms of Services will come into force as of the publication date. You can also determine the date the latest amendments were made by MWM by checking the "last updated" date given above.

If you disagree with the amendments made to the Terms of Services, you should stop using the Services.

3. Account Registration

You must provide accurate and complete information when creating an account and keep it up to date.

You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account. You must promptly notify MWM of any suspected unauthorized access.

4. Scope of Services & Responsibility

Subject to your ongoing compliance with these Terms and (where applicable) payment of all fees, MWM grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the Term, solely for your internal purposes (or, if you are a Consumer, for your personal use). MWM may impose plan-based technical limits. You agree not to circumvent or attempt to circumvent any such limits.

MWM may provide customer support through the channels made available in the Services. Unless MWM expressly agrees otherwise in writing (e.g., under a signed enterprise agreement), MWM does not provide any service level agreement, uptime guarantee, response-time commitment, or guaranteed support hours. Support priority and response times, if any, may vary by plan and may change over time.

The Services help you generate code, content, or other outputs, using automated systems which may include artificial intelligence models. The Output may contain errors, inaccuracies, or other issues and should not be relied upon without independent review and testing.

You are solely responsible for reviewing, testing, and validating Outputs before using them in production or distributing Applications to End-Users.

You assume full responsibility for your use of Output and agree not to rely on it for critical or high-risk functions (including medical, legal, financial, or safety-related purposes) without appropriate safeguards. Output may be similar or identical to content generated for other users who submit similar prompts. We do not guarantee that Output will be unique, free of third-party rights, accurate, or suitable for any particular purpose.

You acknowledge that (i) You (as Publisher) are the publisher/developer of record of your Application, unless a Publishing Partnership Agreement or other separate written agreement states otherwise; (ii) End-Users are not parties to these Terms and their rights against you may arise under your own end-user terms, consumer laws, and app store rules.

5. Billing & Payments

Plan. You can use the Services under a free or paid plan. Paid plans are billed in advance on a monthly basis and renew automatically unless you cancel before the renewal date in your account settings. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law. If payment fails, MWM may suspend paid features, pause builds/publications, or downgrade the account until payment is received.

Credits & Metering. Credits are prepaid, non-refundable, and non-redeemable for cash or any other value. Credits represent only a limited license to access the Services and are not deposits, stored value, or financial instruments. Prepaid Credits and metered overage fees are non-refundable to the extent already consumed, because they represent executed usage of computing resources. We use reasonable efforts to meter usage accurately, but metering depends on third-party services (including Stripe and third-party AI providers). By using the Services, you agree that our metering and billing records are authoritative.

Refunds; Digital Content; Immediate Performance. Except as required by applicable law, all fees, subscriptions, Credits, and usage-based charges are non-refundable and non-cancellable once charged. Credits and usage-based charges reflect immediate access to, and consumption of, computing resources and third-party services (including AI model inference, builds, compilation, and related infrastructure). Accordingly: (a) any Credits that have been consumed are non-refundable; (b) any metered overage fees that have been incurred are non-refundable; and (c) if you cancel, you will not receive a refund or credit for any partial subscription period, except where required by law. If you are a Consumer habitually resident in the EEA, the United Kingdom, or Switzerland, you may have a statutory right to withdraw within fourteen (14) days, subject to legal conditions and exceptions. By purchasing a subscription and/or Credits and then accessing the Services immediately (including generating Outputs, running builds, or consuming Credits), you expressly request that performance begins immediately during the withdrawal period. If you exercise a valid right of withdrawal after requesting immediate performance, you agree that: (i) MWM may deduct (or you must pay) an amount proportionate to what has been provided up to the time you notify us of your withdrawal, including any Credits already consumed and any usage-based charges already incurred; and (ii) to the extent permitted by applicable law, you acknowledge that you lose your right of withdrawal with respect to digital content already supplied (including Credits already consumed) once performance has begun, where the legal conditions for that exception are met. Nothing in this section limits any mandatory rights you may have under applicable consumer protection laws.

Rollover. Unused Credits from your monthly allocation roll over to the next billing period, up to a maximum of one (1) times your monthly Credit allocation. When this cap is reached, any additional unused Credits beyond the cap will not roll over. Rollover Credits are used before your current billing period's Credits when you use the Services. Rollover Credits remain available as long as you maintain an active paid subscription plan. Upon plan change, cancellation, or downgrade, rollover Credits will remain available until the end of billing period.

Invoices. We issue monthly invoices that provided electronically. Accounting records must be retained according to applicable law. Invoices are generated based on the records of our designated third-party payment processor (such as Stripe). We rely solely on the records, calculations, and determinations of that payment processor with respect to payments, metering, invoicing, and account balances, and you agree that those determinations are final and binding absent manifest error.

Payment Processing. To facilitate payment for the Services via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates ("Stripe"), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and Stripe's Global Privacy Policy available on their websites (collectively, the "Stripe Agreements"). By agreeing to these Terms, users that use the payment functions of the Services also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Services.

Taxes. Fees may be stated or charged inclusive or exclusive of applicable taxes depending on your location and the checkout flow. Where required, MWM will charge applicable taxes (including VAT, sales tax, GST, or similar) and such taxes will be shown on your invoice. You are responsible for all taxes not collected by MWM. If any withholding taxes apply to payments you make to MWM, you agree to (i) timely pay such withholding taxes to the relevant taxing authority and (ii) provide MWM with documentation reasonably requested to evidence such withholding, and (iii) to the extent permitted by law, gross up payments so that MWM receives the amount it would have received absent withholding.

Disputes. If you believe you have been billed incorrectly, you must contact MWM at contact@mwm.io within thirty (30) days of the charge or invoice date and provide the information reasonably necessary to investigate the dispute. If you do not do so within this period, you waive the right to dispute the charge to the extent permitted by law. If you initiate a chargeback, reversal, or payment dispute with your bank or payment provider, MWM may suspend or terminate your access to the Services and you remain responsible for all amounts due. MWM may provide information (including account information, usage records, and transaction details) to Stripe and/or your financial institution to respond to and contest a chargeback or dispute.

Changes to Fees and Plans. MWM may change prices, Credits, plan inclusions, or plan limits from time to time. Unless otherwise required by law, price changes will take effect at the start of your next renewal term after we provide notice (for example, by email or within the Services). If you do not agree to the price change, you must cancel your subscription before the renewal date.

6. Affiliate Program Terms

By participating in our affiliate program, you agree to the following:

• Affiliates may not refer themselves. Self-referrals will be automatically blocked and may result in account termination.
• Affiliates may not bid on "MWM AI" or any misspellings or variations of the brand in paid search ads (e.g., Google Ads) and may not run paid acquisition in general. Violations will result in forfeiture of all commissions in the month where a violation occurred, permanent exclusion from affiliate commissions for any users acquired through brand bidding (as these users would have found MWM AI organically), and possible account deactivation.
• Affiliates are also generally not permitted to generate commissions by driving traffic to their link via search engine ads.
• Affiliates may not use spammy tactics, misleading claims, or false endorsements in promoting MWM AI. This includes fake discounts, deceptive landing pages, or unauthorized use of brand assets.
• Rewards are only granted for valid, completed signups that meet the criteria set in the campaign. Fraudulent or incomplete referrals will not be paid out.
• MWM reserves the right to revoke affiliate access and withhold commissions for any violation of these Terms or behaviour that appears fraudulent, abusive, or misaligned with our values.

7. App Store Publication

If the Services provide tooling to assist with app store submission, it is a technical facilitation service. You (or your Organization) remain the owner of your Applications and related Customer Content, and remain responsible for: (a) having and maintaining the required developer accounts, (b) paying any app store fees, and (c) ensuring the Application complies with all applicable laws and store rules, including privacy, consumer protection, advertising disclosures, accessibility, and security obligations. You are also solely responsible for providing End-Users with your own end-user terms and privacy policy, and for handling End-User requests, complaints, and support.

You are the publisher/developer of record in the relevant app store, unless a separate Publishing Partnership Agreement expressly provides otherwise. If you enter into a Publishing Partnership Agreement with MWM, that agreement may define (i) which party is the publisher/developer of record, (ii) how revenues, costs, and responsibilities are allocated, and (iii) any licenses or assignments required for publishing and growth activities. In case of conflict, the Publishing Partnership Agreement controls.

MWM does not control and is not responsible for the personal data you (as Publisher) collect from End-Users through your Application, except to the extent you separately choose to use MWM-provided analytics/monetization products under their applicable terms.

MWM does not guarantee that Apple, Google, or any other store will accept, publish, or continue to list your Applications. If a store rejects or removes an Application, you are responsible for addressing the reasons and re-submitting (or discontinuing distribution).

8. Prohibited Use & Moderation

You must not use the Services to create, publish, or distribute Applications or content that:

• violates any law or regulation (including consumer protection, privacy, IP, or export/sanctions rules);
• infringes third-party rights (copyright, trademarks, trade secrets, privacy/publicity rights);
• contains malware, spyware, or harmful code;
• includes illegal or harmful content (including content involving child sexual exploitation, hate, harassment, or incitement to violence);
• attempts to bypass security or usage limits;
• attempts to reverse engineer models, extract weights, or build a competing AI service using the Services.

MWM may (but is not obligated to) monitor usage patterns, investigate reports, and take actions including removal of content, disabling Projects, or suspending accounts.

If you believe any Customer Content, Output, Project, or Application created through the Services infringes your rights or violates the rules, you may submit a notice to legal@mwm.io. The notice should include: identification of the content, explanation of the violation, and evidence of your rights where relevant. MWM may request additional information.

MWM may remove or disable access to Projects, Outputs, or accounts, or take other appropriate actions, including to comply with law, enforce these Terms, or mitigate risk. Where required by applicable law, MWM will provide affected users with a notice explaining the action taken and the main reasons for it.

If you believe an enforcement action was taken in error, you may appeal by contacting legal@mwm.io with a description of the issue and relevant supporting information. MWM will review appeals in a reasonable timeframe.

9. Intellectual Property

MWM Materials. MWM and its licensors own all rights in the Services and MWM Materials.

Inputs. You retain your rights in Inputs.

Outputs. As between you and MWM, you own Outputs. To the extent MWM may have any rights in Outputs, MWM hereby assigns to you all of MWM's right, title, and interest (if any) in and to Outputs, subject to: (a) Third-Party Components and their licenses, and (b) any limitations arising from applicable law (including where certain AI-generated materials may not qualify for copyright protection in some jurisdictions).

License back to operate the Services. You grant MWM a worldwide, non-exclusive, royalty-free license (with the right to sublicense to service providers and app stores strictly as needed) to host, process, reproduce, and transmit Inputs and Outputs solely to provide, secure, and maintain the Services, including for compilation/build and publication workflows.

No Training. MWM shall not use Customer Content (including Inputs, Outputs, or Projects) to train, fine-tune, or otherwise improve machine learning and artificial intelligence models for the benefit of MWM or any third party. Where the Services rely on third-party AI model providers to process Customer Content, MWM will use commercially reasonable efforts to configure and/or contract with such providers so that Customer Content processed on MWM's behalf is not used to train or improve those providers' general-purpose models. The restrictions in this Section do not apply to (i) de-identified and aggregated service usage information that does not identify you and does not reveal Customer Content (e.g., feature usage counts, performance metrics, error rates), (ii) content you expressly opt-in to share for training or evaluation purposes, or (iii) third-party models or tools that you connect directly where the third party's terms govern.

Third-Party Components and open-source. Outputs may include or depend on Third-Party Components governed by separate licenses/terms. You are responsible for complying with those licenses/terms (including open-source notice obligations) when you use, distribute, or monetize Applications.

Feedback. If you provide feedback, you grant MWM a perpetual right to use it without restriction or compensation.

10. DMCA Compliance

We respect intellectual property rights and comply with the Digital Millennium Copyright Act ("DMCA"). If you believe your copyrighted work has been copied and made available through the Services in a way that constitutes infringement, please send a written notice to legal@mwm.io with the following information:

• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
• Your contact information, including name, address, phone number, and email address;
• A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner; and
• Your physical or electronic signature.

If your content has been removed in response to a DMCA notice and you believe this was in error, you may send us a counter-notice that complies with the DMCA. Upon receipt of a valid counter-notice, we may reinstate the material in accordance with the DMCA.

11. Privacy & Data Protection

MWM processes personal data as described in its Privacy Policy. The Privacy Policy forms part of these Terms.

To provide, secure, and maintain the Services (including generation, build/compile, and publication workflows), MWM processes Customer Content and may share or transmit Customer Content and related data to service providers (such as cloud infrastructure providers, payment processors, customer support tools, analytics providers, and, where applicable, third-party AI model providers) strictly as necessary to provide the Services.

You agree not to upload, input, transmit, or otherwise provide any sensitive data, including: (i) protected health information regulated by HIPAA, (ii) special categories of personal data under GDPR, (iii) payment card numbers outside of our payment processor flow, (iv) government identifiers, (v) biometric identifiers, or (vi) any other sensitive data that would impose heightened legal obligations. The Services are not designed for such data and MWM disclaims responsibility for any sensitive data you choose to submit in violation of this Section.

You are responsible for (a) the content of your Inputs, Outputs, Projects, and Applications, and (b) ensuring your Applications comply with applicable laws and app store policies (including privacy, consumer protection, advertising disclosures, and security requirements). If you provide personal data of third parties (including End-Users) to the Services, you represent and warrant that you have all rights and lawful bases required to do so.

MWM is established in France but operates globally. Depending on your location and the vendors involved in providing the Services, personal data may be processed in the EEA or other countries. Where required by applicable law, MWM will implement appropriate safeguards for international transfers (such as the European Commission's Standard Contractual Clauses), as further described in the Privacy Policy.

MWM implements technical and organizational measures appropriate to the risk, consistent with GDPR security principles and CNIL security guidance. However, no method of transmission or storage is 100% secure. You are responsible for safeguarding your credentials and for all activity under your account.

You must not attempt to probe, scan, or breach the Services, and must responsibly disclose vulnerabilities by contacting contact@mwm.io.

12. Warranties, Limitation, Indemnification

The Services, including Outputs, are provided "as is" and "as available." MWM disclaims warranties to the maximum extent permitted by applicable law, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law:

• MWM will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenue, data, goodwill, or business interruption.
• MWM's aggregate liability for all claims arising out of or relating to the Services will not exceed the total amount paid by you to MWM for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing limits liability for fraud, willful misconduct, death/personal injury caused by negligence, or other liabilities that cannot be limited under applicable law.

You will defend, indemnify, and hold harmless MWM and its affiliates from and against claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• your Inputs, Outputs, Applications, and End-User interactions;
• alleged infringement or misappropriation of third-party rights by your Application or content;
• your failure to comply with app store rules, including UGC moderation obligations where your Application includes UGC features;
• your inclusion of third-party SDKs/services or your failure to comply with their terms.

13. Term & Termination, Suspension, Account Deletion

These Terms begin when you first accept them or start using the Services and continue until terminated.

You may terminate your account and stop using the Services at any time through your account settings.

MWM may suspend access to paid features for non-payment. Continued non-payment may lead to termination of the subscription and forfeiture of unused credits.

We may also suspend or terminate your account, access to the Services, or any portion of them immediately if we reasonably believe you have violated these Terms or engaged in fraudulent, abusive, or unlawful activity. Suspension or termination does not limit any other remedies available to us under law or equity, and you remain responsible for all fees and charges incurred up to the date of suspension or termination.

MWM is not obligated to provide any export, delivery, or download of Projects, Outputs, source code, build artifacts, or other Customer Content after termination or expiration. You are responsible for exporting or backing up any content you wish to keep before terminating or allowing your subscription to expire. This does not limit any rights you may have under applicable law to access your Personal Data.

Termination of your account does not automatically remove Applications you have published to an app store. You remain responsible for those Applications (including maintenance, compliance, End-User support, and takedowns) unless a separate Publishing Partnership Agreement states otherwise.

14. Applicable Law – Disputes

These Terms and any dispute arising are governed by the laws of France, without regard to conflict of laws principles. Before initiating formal proceedings, you agree to contact MWM at contact@mwm.io and provide a brief written description of the dispute and your contact information. The parties will attempt in good faith to resolve the dispute amicably.

If you are an individual consumer and the dispute has not been resolved after you have contacted MWM in writing, you may use consumer mediation free of charge, in accordance with applicable law. MWM designates the following consumer mediation body:

CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
Postal address: 49 Rue de Ponthieu, 75008 Paris, France
Online filing: https://www.cm2c.net/
Email: declarer-un-litige@cm2c.net

The parties remain free to accept or refuse the mediation process and any solution proposed.

If you are a Consumer, nothing in these Terms limits your rights under mandatory consumer protection laws. You may bring claims before the competent courts as determined by applicable law, including, where applicable, the courts of your place of residence.

If you are a Business User or you use the Services on behalf of an Organization, any dispute arising out of or relating to these Terms or the Services shall be submitted to the exclusive jurisdiction of the competent courts of Paris, France, unless mandatory law provides otherwise.

Nothing in this Section prevents either party from seeking urgent injunctive or equitable relief in any competent court to prevent actual or threatened infringement, misappropriation, or violation of its intellectual property rights or confidentiality obligations.

15. Export Controls and Sanctions

You may not use, export, re-export, import, sell, release, or transfer the Services, MWM Materials, Outputs, or related technical data except as required by law.

You represent and warrant that:

• (a) you are not located in, ordinarily resident in, or organized under the laws of any country or territory subject to comprehensive sanctions or embargoes;
• (b) you are not listed on any sanctions or restricted party list (including those maintained by the EU, UN, U.S. OFAC, U.S. BIS, or UK OFSI); and
• (c) you will not use the Services for any prohibited end-use (including nuclear, missile, chemical/biological weapons, or other restricted end uses) or for the benefit of any prohibited end user.

MWM may restrict or terminate access to the Services in any jurisdiction or to any person where MWM determines that access would violate Sanctions Laws or create unacceptable legal, regulatory, or reputational risk. You agree to provide information reasonably requested for compliance screening.

16. Force Majeure

MWM will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from events beyond MWM's reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, epidemics/pandemics, governmental action, power outages, internet or telecommunications failures, failures of cloud or third-party service providers, or denial-of-service attacks ("Force Majeure Event"). MWM will use commercially reasonable efforts to mitigate the effects of any Force Majeure Event.

17. General Terms

These Terms (including any documents incorporated by reference, such as the Privacy Policy, and any order form or enterprise agreement), constitute the entire agreement between you and MWM regarding the Services and supersede any prior or contemporaneous agreements or communications.

You may not assign or transfer these Terms (by operation of law or otherwise) without MWM's prior written consent. MWM may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be replaced by a valid provision that most closely reflects the original intent.

Failure to enforce any provision of these Terms will not constitute a waiver.

Provisions that by their nature should survive termination will survive, including provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, disputes, and any payment obligations accrued before termination.

MWM may provide notices to you by email, within the Services, or by other reasonable means. You consent to receive communications from MWM electronically and agree that such communications satisfy any legal requirement that communications be in writing.

These Terms are written in English. If MWM provides a translation, the English version will control to the extent permitted by law.