Terms of Service

You must be at least 18 years old and capable of forming a binding contract. By using the Services, you represent and warrant that you meet these requirements and that your use will comply with all applicable laws and regulations.

• Account: The credentialed profile you create to access the Services.
• Services: Mobile MCP (an MCP server enabling AI agents to control iOS and Android devices), the MobileCLI command-line tool, Mobilewright (a mobile automation framework), Mobile Next Cloud (Mobile Next's device cloud, accessible via the Mobilewright SDK or API), and all related APIs, SDKs, tools, and hosted infrastructure made available by Mobile Next, including any beta, preview, or updated versions.
• Customer Content: Commands, scripts, automation configurations, device inputs, data, files, and any other material you submit to or through the Services.
• Authorized User: Any individual you permit to access the Services under your Account.
• Documentation: Mobile Next's technical documentation, guides, and usage policies available at mobilenext.ai/docs.

Mobile Next provides AI-powered mobile development infrastructure, enabling AI agents and human developers to automate, control, and test iOS and Android devices at scale. Mobile Next may add, modify, or remove features of the Services at any time. For any material reduction of a generally available feature actively used in your Account, Mobile Next will provide at least 30 days' prior notice, unless doing so would create a security risk, violate applicable law, or be technically infeasible.

Mobile Next may deploy updates, patches, and enhancements automatically. We will use commercially reasonable efforts to maintain backwards compatibility for existing integrations, except where doing so would introduce a security vulnerability or be technically impracticable.

Beta and Preview Features. Mobile Next may make certain features available on a beta or preview basis ("Beta Features"). Beta Features are provided for evaluation purposes only, are not considered part of the generally available Services, and are subject to these Terms except as otherwise noted. BETA FEATURES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, SUPPORT OBLIGATION, UPTIME COMMITMENT, OR DATA RETENTION GUARANTEE. Mobile Next may modify, suspend, or discontinue any Beta Feature at any time without notice and without liability.

To access the Services, you must create an Account and provide accurate, complete registration information. You agree to:

• Keep your Account credentials confidential and not share them with unauthorized parties;
• Notify Mobile Next immediately at security@mobilenexthq.com of any unauthorized access or security breach;
• Be responsible for all activities that occur under your Account, including actions of Authorized Users;
• Maintain accurate and up-to-date Account information.

Mobile Next is not liable for any loss or damage arising from your failure to maintain Account security.

License Grant. Subject to your compliance with these Terms and timely payment of applicable fees, Mobile Next grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for your internal business purposes during the term.

Restrictions. You may not, and may not permit others to:

• Copy, modify, create derivative works of, or reverse engineer any part of the Services;
• Resell, sublicense, lease, or otherwise commercialize the Services or make them available to third parties except as expressly permitted by Mobile Next in writing;
• Interfere with or disrupt the integrity, security, or performance of the Services or underlying infrastructure;
• Use the Services to build a product or service that competes with Mobile Next;
• Access the Services in a manner that circumvents rate limits, access controls, or usage quotas;
• Remove or obscure any proprietary notices in the Services.

All rights not expressly granted are reserved by Mobile Next.

Certain components of the Services are made available by Mobile Next as open source software on GitHub. Mobile-MCP and Mobilewright are licensed under the Apache License, Version 2.0. MobileCLI, devicekit-ios, and devicekit-android are licensed under the Functional Source License, Version 1.1 (with an Apache License, Version 2.0 future license). The applicable license is identified in each component's repository, and future components may be released under different open source licenses.

To the extent any open source component is governed by a separate license, those license terms apply to that component and will prevail over these Terms to the extent of any conflict.

You are solely responsible for your use of the Services and all Customer Content. You agree not to use the Services to:

• Automate or control devices or systems you do not own or have explicit authorization to access;
• Upload, transmit, or execute malware, malicious code, or content that infringes any third-party intellectual property or privacy rights;
• Violate any applicable local, state, national, or international law or regulation;
• Engage in unauthorized penetration testing or vulnerability scanning on Mobile Next systems or third-party systems;
• Circumvent device security features (including iOS or Android security protections) without proper authorization;
• Harvest personal data from devices, applications, or systems without the informed consent of affected individuals;
• Facilitate any activity that is fraudulent, deceptive, or harmful to Mobile Next, its customers, or any third party.

Mobile Next reserves the right to suspend or terminate your access immediately if we reasonably believe you have violated this section.

Ownership. You retain all rights, title, and interest in and to your Customer Content.

License to Mobile Next. You grant Mobile Next a limited, non-exclusive license to access, process, and use your Customer Content solely to provide, maintain, and improve the Services for you. Mobile Next does not use Customer Content to train AI or machine learning models, or for any purpose beyond fulfilling your requests, except as described in our Privacy Policy with respect to de-identified and aggregated data.

Your Responsibilities. You represent and warrant that: (a) you own or have the necessary rights to submit Customer Content to the Services; (b) your Customer Content does not violate any applicable law or third-party rights; and (c) you have obtained all necessary consents from individuals whose personal data may be included in Customer Content.

Feedback. If you provide suggestions or feedback about the Services, Mobile Next may use that feedback without restriction or obligation.

Mobile MCP enables AI agents to control iOS and Android devices. You acknowledge and agree that:

• Platform compliance is your sole responsibility. You are solely responsible for ensuring your device automation activities comply with the terms of service, developer policies, and usage guidelines of Apple Inc., Google LLC, and any other platform, application, or service provider accessed through the Services.
• No representation of permissibility. Mobile Next makes no representation, warranty, or guarantee that use of Mobile MCP is permitted by any third-party platform provider.
• No liability for platform enforcement. Mobile Next will not be liable for any consequences arising from your violation of third-party platform policies, including app removal, developer account suspension or termination, or legal action by platform providers.
• Authorization requirement. You represent and warrant that you have obtained all necessary authorizations before automating access to any device, application, account, or data belonging to or associated with third parties.

Pricing. Current fees are listed on the Sites or in a mutually agreed order form. Mobile Next reserves the right to modify pricing with at least 30 days' prior notice via email or in-product notification.

Billing and Payment. Fees are billed in advance or in arrears as specified in your plan. You authorize Mobile Next (through Stripe) to charge your payment method on the applicable billing cycle.

Disputes. You must notify Mobile Next of any billing dispute within 30 days of the invoice date by contacting support@mobilenexthq.com. Mobile Next will investigate and respond within 15 business days.

Non-Refundable. Except where required by applicable law or expressly agreed in writing, all fees are non-refundable. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period.

Overdue Payments. Overdue amounts accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. Mobile Next may suspend your Account if payment is overdue by 30 or more days.

Taxes. Fees are exclusive of applicable taxes. You are responsible for all taxes, duties, and similar assessments arising from your use of the Services, excluding taxes based on Mobile Next's net income.

Each party may receive confidential information of the other ("Confidential Information"). Each party agrees to: (a) hold Confidential Information in confidence using at least the same degree of care it uses for its own confidential information (no less than reasonable care); (b) not disclose Confidential Information to third parties without prior written consent; and (c) use Confidential Information solely to exercise rights or perform obligations under these Terms.

These obligations do not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was rightfully known before receipt; (iii) is independently developed without use of Confidential Information; or (iv) is required to be disclosed by law or court order, provided the receiving party gives reasonable advance notice where legally permitted.

Mobile Next's collection and use of personal information is governed by our Privacy Policy, incorporated herein by reference. You are responsible for ensuring that any personal data included in Customer Content is collected, processed, and transferred in compliance with applicable data protection laws.

To the extent Mobile Next processes personal data on your behalf as a data processor under applicable data protection laws (including GDPR), Mobile Next will make a Data Processing Agreement available upon request. Please contact privacy@mobilenexthq.com to request a DPA.

Term. These Terms commence on the date you first access the Services and continue until terminated by either party as set forth herein.

Termination by You. You may terminate your Account at any time by closing your Account and paying all outstanding fees.

Termination by Mobile Next. Mobile Next may terminate these Terms for convenience with 30 days' written notice, or immediately if: (a) you materially breach these Terms and fail to cure within 10 days of written notice; (b) your use poses a security risk to the Services or other customers; (c) required by law; or (d) your Account is overdue by 30 or more days.

Effect of Termination. Upon termination: (a) all licenses granted herein immediately terminate; (b) you must cease all use of the Services; (c) you remain liable for all fees incurred prior to termination; and (d) Mobile Next will delete or anonymize your Customer Content within 90 days of the termination date, except to the extent retention is required by applicable law. Sections 8, 11, 14, 15, 16, 17, 18, and 19 survive termination.

Each party represents and warrants that it has the authority to enter into these Terms and that its performance will comply with applicable law.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MOBILE NEXT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MOBILE NEXT DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) ANY ERRORS WILL BE CORRECTED; OR (D) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS.

No Uptime Guarantee. Mobile Next does not provide any uptime or availability guarantee for the Services unless expressly specified in a separate written Order Form signed by both parties.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOBILE NEXT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MOBILE NEXT'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL FEES YOU PAID TO MOBILE NEXT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

You agree to defend, indemnify, and hold harmless Mobile Next and its affiliates, officers, directors, employees, agents, and licensors from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your Customer Content; (c) your violation of these Terms or applicable law; or (d) your violation of any rights of a third party, including intellectual property or privacy rights.

Informal Resolution. Before initiating any formal proceeding, the parties agree to attempt to resolve disputes informally. Either party may initiate informal resolution by sending written notice to support@mobilenexthq.com. The parties will negotiate in good faith for 30 days from receipt of notice.

Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English in Wilmington, Delaware, unless the parties mutually agree otherwise.

JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

CLASS ACTION WAIVER. YOU AND MOBILE NEXT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.

Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Subject to the arbitration requirement above, the state and federal courts located in New Castle County, Delaware have exclusive jurisdiction over any disputes not subject to arbitration.

You must comply with all applicable US and international export control laws and trade sanctions when using the Services. You represent that you are not located in, or a national or resident of, any country subject to a US embargo, and that you are not on any US government list of prohibited or restricted parties.

Mobile Next will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbances, government actions, internet outages, or power failures.

Mobile Next may update these Terms from time to time. If we make material changes, we will notify you at least 30 days before the changes take effect via email or in-product notice. Continued use of the Services after the effective date of any non-material update constitutes your acceptance of the revised Terms.

• Entire Agreement: These Terms, together with the Privacy Policy and any executed Order Forms, constitute the entire agreement between you and Mobile Next regarding the Services.
• Assignment: You may not assign these Terms without Mobile Next's prior written consent. Mobile Next may assign freely, including in connection with a merger, acquisition, or sale of assets.
• Severability: If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions continue in full force.
• Waiver: Failure to enforce any provision will not constitute a waiver of future enforcement.
• Independent Contractors: The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.
• No Third-Party Beneficiaries: These Terms are for the benefit of the parties only and do not confer rights on any third party.
• Notices: Legal notices to Mobile Next must be sent to support@mobilenexthq.com. Notices to you will be sent to the email address associated with your Account.

If you have questions about these Terms, please contact us:

Mobile Next HQ, Inc.
455 Market St Ste 1940, PMB 300007
San Francisco, California 94105-2448
Email: support@mobilenexthq.com
Website: mobilenext.ai