MWM Spark Flash SDK Terms

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 MWM Spark Flash SDK Terms (the "SDK Terms") govern the integration and use of the MWM Spark Flash SDK. They supplement the MWM AI Terms of Service (the "Terms"), which apply to your use of the SDK and form part of these SDK Terms. Capitalized terms that are not defined in these SDK Terms have the meaning given to them in the Terms. In the event of a conflict between the Terms and these SDK Terms with respect to the SDK, these SDK Terms prevail.

The MWM Spark Flash SDK is a mobile software development kit for iOS and Android that is integrated by default into Applications generated with MWM AI, that any developer may integrate into their own applications, and that powers analytics, monetization, and app-scaling features (including through MWM Console).

These SDK Terms apply if you integrate the SDK into an application, distribute an Integrated Application, or use SDK-powered features — including where MWM AI has integrated the SDK into your Application automatically. By doing so, you agree to these SDK Terms.

How MWM processes Personal Data relating to End-Users through the SDK is described in our SDK Privacy Policy.

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

1. Definitions

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

Integrated Application: means any mobile application — including an Application — into which the MWM Spark Flash SDK is integrated, whether the SDK was integrated automatically by the Services or directly by a developer.

MWM Spark Flash SDK (or the "SDK"): means the mobile software development kit for iOS and Android made available by MWM, including its libraries, application programming interfaces (APIs), documentation, sample code, and updates, together with its associated MWM backend services.

SDK Data: means the data collected or processed through the SDK and its associated backend services, as described in Section 6 of these SDK Terms and in the SDK Privacy Policy.

SDK Integrator: means any user, Publisher, Organization, or third-party developer that integrates the SDK into an application, or that distributes an Integrated Application.

2. Scope of the SDK

The SDK provides Integrated Applications with in-app capabilities and data-driven features designed to operate, analyze, and scale mobile applications, including SDK performance monitoring, in-app purchase and subscription tracking, and product usage analytics, which may be surfaced to you through MWM Console. The SDK is made available: (a) automatically, as a component that MWM AI integrates into Applications generated with the Services — depending on the features you request in your prompts, the generated Application may make increasing use of the SDK's public APIs; and (b) publicly, for direct integration by any developer into their own applications, whether or not those applications were created with MWM AI.

3. SDK License

Subject to your ongoing compliance with the Terms, these SDK Terms, and the SDK documentation, MWM grants you a limited, non-exclusive, non-transferable, non-sublicensable (except as strictly necessary to distribute the SDK as embedded in an Integrated Application), revocable license during the Term to: (a) integrate the SDK, in the form made available by MWM, into your Integrated Applications; (b) distribute the SDK solely as embedded within your Integrated Applications to End-Users; and (c) use the related documentation for your internal purposes. The SDK is part of the MWM Materials and is licensed, not sold. All rights not expressly granted are reserved by MWM.

4. SDK Restrictions

Except as expressly permitted by these SDK Terms or by mandatory applicable law, you must not: (a) modify, translate, or create derivative works of the SDK; (b) reverse engineer, decompile, or disassemble the SDK; (c) distribute the SDK on a standalone basis, or remove or alter any proprietary notices; (d) use the SDK to build, or assist a third party in building, a competing SDK or service; (e) circumvent or attempt to circumvent any metering, technical limits, or security measures; (f) submit or cause to be submitted false, misleading, or fraudulent data to the SDK backend (including synthetic installs, spoofed transactions, or manipulated events); (g) use the SDK in violation of applicable app store terms; or (h) use the SDK in any application prohibited under Section 8 (Prohibited Use & Moderation) of the Terms or in safety-critical contexts.

5. Automatic Integration in MWM AI Applications

Applications generated with MWM AI include the SDK by default. As the Creator and/or Publisher, you remain solely responsible for your Application, including its SDK-powered features, and for complying with the obligations set out in these SDK Terms.

6. SDK Data

The SDK and its associated backend services collect and process the categories of data described in the SDK Privacy Policy ("SDK Data"), including: an installation identifier; device information (operating system version, screen size, language, and timezone); SDK monitoring and diagnostic events (such as crash and latency data); on iOS, Apple's "Vendor ID" (identifierForVendor) and Apple MetricKit metrics; the IP address of the device-to-server connection and the approximate location (country, region, city) derived from it; and, where you enable the corresponding features, Apple App Store and Google Play Store transaction data (in-app purchases and subscriptions) and the product usage events that you define.

7. Data Roles

As between you and MWM, for End-User Personal Data processed through the SDK in order to provide you with analytics, monetization, and scaling features, you are the data controller (or "business") and MWM acts as your data processor (or "service provider"), processing such data on your documented instructions as set out in the Terms and these SDK Terms. MWM acts as an independent controller only for the limited purposes of operating, securing, and improving the SDK and the Services (using de-identified or aggregated data where possible), preventing fraud and abuse, metering and billing, and complying with legal obligations. MWM does not sell End-User Personal Data, does not use SDK Data for third-party advertising purposes, and does not use SDK Data to train or fine-tune artificial intelligence models (the "No Training" commitments in Section 9 of the Terms apply to SDK Data).

8. Your End-User Obligations

If you distribute an Integrated Application, you must: (a) provide End-Users with a legally adequate privacy policy that discloses the collection and processing of SDK Data and identifies MWM as a service provider/processor; (b) obtain and document all legally required consents (including, where required, consent under EU/UK ePrivacy rules for the storage of, or access to, identifiers on the End-User's device, and consent under Apple's App Tracking Transparency framework if you use any identifier for "tracking" as defined by Apple); (c) accurately complete all required app store privacy disclosures (including Apple's privacy "nutrition labels" and the Google Play Data Safety section) to reflect the SDK's data collection; (d) configure the SDK consistently with the End-User's consent status; (e) respond to End-User privacy rights requests, and cooperate with MWM in relaying such requests where relevant; (f) not enable SDK data collection in applications primarily directed at children under the age of thirteen (13) (or any higher age required by applicable law); and (g) not submit, and not permit your Integrated Application to submit, any sensitive data (as described in Section 11 of the Terms) through the SDK, including in usage event payloads.

9. Store Transaction Data

Where you enable transaction tracking, the SDK processes Apple App Store and Google Play Store transaction information relating to your Integrated Application (such as product identifiers, transaction identifiers and timestamps, prices and currencies, and subscription status and renewal events) in order to provide you with monetization analytics, including through MWM Console. Payments remain processed by the relevant app store; the SDK does not collect End-Users' payment card details. You are responsible for complying with the Apple and Google developer terms applicable to transaction and receipt data.

10. Updates, Versions & Deprecation

MWM may release updates, upgrades, or new versions of the SDK, and may modify or discontinue SDK features or APIs. MWM will use commercially reasonable efforts to document material changes (for example, through release notes) and to give reasonable advance notice of breaking changes or of the end of backend support for older SDK versions. You are responsible for integrating updated versions into your Integrated Applications. Beta Features made available through the SDK are provided "as is" and may be changed or withdrawn at any time.

11. Fees

The SDK is made available as part of the Services. Use of SDK-powered backend features may be subject to plan limits, Credits, metering, or fees as described in Section 5 of the Terms, and MWM may introduce or modify fees in accordance with the "Changes to Fees and Plans" provisions of Section 5 of the Terms.

12. App Store Requirements; No Third-Party Beneficiaries

The SDK is intended to be distributed in compliance with applicable app store requirements for third-party SDKs. You remain solely responsible for your Integrated Application's overall compliance with app store rules. Apple and Google are not parties to these SDK Terms or to the Terms and have no responsibility for the SDK or the Services.

13. Term & Termination

These SDK Terms apply for as long as the Terms apply to you. The consequences of termination, expiration, or suspension for your license to the SDK and for your Integrated Applications are set out in Section 13 (Term & Termination, Suspension, Account Deletion) of the Terms.