Terms of Use

1. Acceptance and Scope

By downloading, installing, accessing, creating an account for, purchasing, or using MobAI, you agree to these Terms of Use (the "Terms"). If you do not agree, do not use MobAI.

MobAI is operated by the person identified in Section 27 ("we", "our", or "us"). In these Terms, "MobAI" means the service. These Terms govern the MobAI desktop application, account and licensing services, hosted features, and related services unless a separate written agreement expressly applies.

Our Privacy Policy explains how personal data is handled and forms part of the information provided in connection with the service.

2. Consumers and Business Users

A "Consumer" is a natural person using MobAI for purposes that are wholly or mainly outside that person's trade, business, craft, or profession, to the extent recognized by applicable law. A "Business User" is any user acting for professional, commercial, organizational, or business purposes.

A natural person running a business who concludes the agreement directly connected with that business, where the agreement is not of a professional nature for them (in particular given the business activity registered in CEIDG), has the consumer protections that Polish law gives such persons. Provisions of these Terms written for Business Users apply to them only to the extent that law permits.

Some provisions of these Terms apply differently to Consumers and Business Users. Nothing in these Terms excludes or limits rights that cannot lawfully be excluded or limited, including mandatory consumer rights.

3. Description of Service

MobAI is mobile device automation infrastructure provided through a desktop application, local HTTP API, MCP server, related command-line or developer tools, and optional hosted or remote features. It can enable developers, automation systems, and AI coding agents to interact programmatically with compatible Android and iOS devices.

AI functionality uses the model provider, agent, or inference service you configure. Unless expressly stated otherwise, third-party AI inference, cloud-device usage, remote infrastructure, app-store services, network services, and third-party subscriptions are not included in MobAI fees.

"Unlimited" usage refers only to MobAI's own usage allowance under the relevant plan and does not remove technical, security, fair-use, third-party, device, infrastructure, or legal constraints.

4. Technical Requirements

Use of MobAI requires compatible hardware and a supported desktop operating system: currently macOS 11 or later, 64-bit Windows 10 or later, or 64-bit x86 Linux. Hosted features require a current web browser. Depending on the feature, you may also need an internet connection, compatible mobile devices or simulators/emulators, platform developer tools, third-party software, drivers, accounts, network access, or services described in our documentation.

You are responsible for maintaining a compatible and secure environment. Compatibility may change as Apple, Google, device manufacturers, operating systems, SDKs, drivers, third-party APIs, AI providers, or other dependencies change.

Using services over the internet carries risks such as malware, phishing, and unauthorized access to accounts or devices. Keep your software up to date and keep your credentials and API keys secret.

5. Accounts, Credentials, and Machines

You are responsible for the accuracy of account information and for maintaining the confidentiality and security of credentials, tokens, API keys, connected accounts, machines, devices, and integrations under your control.

You must not share account credentials in a way that bypasses plan limits or permits unauthorized access. You are responsible for activity performed through your account or environment to the extent caused by your acts, omissions, or failure to protect credentials.

We may use machine or device identifiers and other entitlement information to enforce subscription and licensing limits.

6. License

Subject to these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use MobAI for lawful personal or commercial purposes according to your subscription tier. This license ends only as set out in Section 18.

• •Without a paid plan: one device at a time and no MobAI usage limits. An internet connection is required to register on first launch.
• •Pro plan: unlimited concurrently controlled devices subject to reasonable technical limits, no MobAI usage limits, suite and multi-device runs, cloud and distributed device farms, Pro features that keep working offline for up to seven days, up to three registered machines per account, and the hosted Testing Dashboard, including shared projects with other Pro users and up to 5 GB of stored run files across the projects you own. Every member of a Testing Dashboard project must hold Pro to access it.
• •Legacy Plus subscriptions: remain billed according to their applicable legacy pricing and receive the Pro feature set unless otherwise communicated in accordance with these Terms and applicable law.

Plan descriptions on the MobAI website or purchase page may describe additional included features. If there is a conflict regarding a purchased plan, the description presented for that plan at purchase controls for the relevant subscription period, subject to applicable law.

7. Acceptable Use and Restrictions

You must use MobAI lawfully and only on devices, applications, systems, accounts, and data that you own or are authorized to access or control.

You agree not to:

• •use MobAI for unlawful, fraudulent, deceptive, abusive, or unauthorized activity;
• •access, test, control, intercept, or automate a device, application, account, system, or data without sufficient authorization;
• •use MobAI to violate applicable app-store rules, platform terms, privacy rights, intellectual-property rights, confidentiality obligations, security restrictions, or applicable law;
• •circumvent or attempt to circumvent licensing, entitlement, machine, plan, security, authentication, or access restrictions;
• •share, resell, sublicense, rent, or provide access to MobAI except where expressly permitted by your plan or a separate written agreement;
• •reverse engineer, decompile, disassemble, or modify proprietary portions of MobAI, except to the extent such restriction is prohibited by applicable law;
• •upload, share, or transmit unlawful content;
• •introduce malware or intentionally interfere with, overload, damage, probe, or disrupt MobAI or infrastructure used to provide it;
• •misrepresent affiliation with MobAI or use MobAI to impersonate another person without authorization; or
• •use the service in a manner that materially threatens the security, stability, availability, or integrity of MobAI or other users' access.

8. Your Data, Devices, and Content

You retain your rights in applications, test materials, screenshots, UI data, logs, prompts, scripts, and other content you provide, generate, upload, or transmit through MobAI ("User Content").

You grant us only the limited rights reasonably necessary to host, transmit, reproduce, process, secure, troubleshoot, back up, and otherwise handle User Content for the purpose of providing the features you choose and operating or protecting the service.

You are responsible for ensuring that you have all rights, permissions, notices, consents, and lawful bases required for User Content and for any personal, confidential, proprietary, or third-party data you cause MobAI or an integration to process.

You are responsible for keeping independent backups of applications, credentials, test artifacts, device data, and other information important to you. MobAI is not a backup or archival service unless a specific feature expressly says otherwise.

For the Testing Dashboard, you are responsible for what you upload and for who you add to a project; every project member can see and delete the project's runs.

9. AI and Automated Actions

MobAI may be used with AI models, agents, and automation systems. AI-generated plans, actions, text, code, test steps, classifications, and other outputs may be incomplete, incorrect, unsafe, or unexpected. Device automation may interact with real applications, accounts, data, purchases, communications, or external systems depending on what you connect and authorize.

You are responsible for reviewing and supervising AI or automated actions to the degree appropriate for your use case, configuring permissions and safeguards, and determining whether an action is suitable before relying on it in production or on sensitive systems.

Unless we expressly agree otherwise in writing, MobAI is not designed or warranted for use where failure or an incorrect automated action could reasonably be expected to cause death, personal injury, serious physical damage, or other high-risk consequences requiring fail-safe operation.

10. Third-Party Services and Dependencies

MobAI interoperates with third-party software, operating systems, developer tools, mobile platforms, devices, AI providers, cloud providers, network services, open-source software, app stores, APIs, and other services that we do not control.

Your use of third-party services you choose to use or connect is governed by their own terms, policies, fees, limits, availability, and technical requirements. We are not responsible for those services, content, acts, omissions, outages, pricing, policy changes, API changes, compatibility changes, account restrictions, or discontinued functionality.

If a third-party dependency changes, becomes unavailable, imposes new restrictions, or makes continued support impracticable, we may modify, suspend, replace, or discontinue affected MobAI functionality subject to Section 16 and mandatory law.

11. Open-Source and Third-Party Software

MobAI incorporates or interoperates with open-source and third-party components. Those components are governed by their applicable licenses. To the extent a third-party or open-source license grants you rights that conflict with these Terms, that license controls solely for the applicable component.

12. Subscriptions, Renewal, Billing, and Cancellation

Paid MobAI subscriptions are sold and processed by Dodo Payments, which acts as Merchant of Record and reseller. Dodo Payments' terms presented at checkout apply to the purchase transaction, payment processing, taxes, billing, cancellation mechanics, and refunds handled by Dodo.

Subscriptions may renew automatically at the interval shown at checkout unless cancelled in accordance with the purchase terms. You may cancel future renewal at any time through the Subscription option in the MobAI app, the link in your Dodo Payments receipt, or by emailing [email protected]. Cancellation ordinarily stops future renewal and does not retroactively refund an already-started subscription period except where required by applicable law or the applicable purchase terms.

Prices, features, and plan structures may change for future purchases or renewal periods. For Consumers, material changes to the price or other material contractual terms of an automatically renewing subscription will be handled with the notice and consent required by applicable law. Nothing in these Terms permits us to charge a Consumer a new material price or material term merely because the Consumer failed to object where affirmative consent is legally required.

If you are a Consumer in the EU, you may withdraw from your first paid subscription within 14 days of purchase without giving a reason. Email [email protected] and we will refund the payment in full through Dodo Payments.

Nothing in these Terms or any refund policy limits mandatory withdrawal, conformity, refund, or other consumer rights under applicable law.

13. Taxes and Charges

You are responsible for charges imposed by third parties that you choose to use with MobAI, including AI inference, cloud infrastructure, network, device-farm, developer-program, app-store, and similar fees.

Taxes on purchases handled by Dodo Payments are determined and collected by Dodo as Merchant of Record as applicable to the transaction.

14. Experimental, Preview, and Beta Features

Features identified as experimental, preview, beta, alpha, early access, unsupported, or similar are provided for evaluation and may be incomplete, unstable, changed, limited, or removed at any time. They may have different performance, security, compatibility, or availability characteristics from generally available functionality.

If you are a Business User, to the maximum extent permitted by law, you use experimental features at your own risk and should not rely on them for critical production workflows without appropriate testing, safeguards, and backups.

15. Availability, Support, and No Service-Level Agreement

Unless a separate written agreement expressly states otherwise, MobAI is provided without a guaranteed uptime, response time, support level, recovery time, compatibility period, or service-level agreement.

We may perform maintenance, updates, migrations, security work, emergency changes, and other operational work that temporarily affects availability. We may also impose reasonable technical measures to protect service stability, security, or other users from abusive or unusually disruptive usage.

16. Changes to MobAI and These Terms

We may update MobAI and these Terms where reasonably necessary to reflect changes to the service, security requirements, technical architecture, legal or regulatory requirements, third-party dependencies, or misuse patterns.

We will notify you of changes to these Terms by email or in the app at least 14 days before they take effect, or at least 30 days before for Consumers with a paid subscription. If you do not accept the changes, you may end the agreement before they take effect, and a Consumer will receive a pro-rata refund of any prepaid unused period.

For Consumers, we will not rely on a general modification right to impose a new material subscription price or other material contractual term where applicable law requires affirmative consent. Where a change materially affects a Consumer's rights or obligations under an existing paid subscription, we will provide notice and any termination, consent, or other remedy required by law.

For Business Users, updated Terms may apply from the effective date stated in the notice, provided that changes will not retroactively create liability for conduct that occurred before the change. If a Business User does not agree to a material change, its remedy is to stop using MobAI and cancel future renewal before the change takes effect, unless a separate written agreement provides otherwise.

We may change, add, replace, or discontinue individual features. If a change significantly and negatively affects a Consumer's access to or use of MobAI, we will inform the Consumer in advance, and the Consumer may end the agreement free of charge within 30 days of the change and receive a pro-rata refund of any prepaid unused period. If we permanently discontinue the core paid service as a whole during a prepaid Consumer subscription period, we will provide any refund or remedy required by applicable law.

17. Intellectual Property and Feedback

MobAI, including its proprietary software, branding, website content, designs, documentation, and original features, is owned by us or our licensors and is protected by applicable intellectual-property laws. Except for the limited license granted in these Terms, no rights are transferred to you.

If you voluntarily provide feedback, ideas, suggestions, bug reports, or feature requests, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use, reproduce, adapt, commercialize, and otherwise exploit that feedback without restriction or obligation to compensate you, provided this does not transfer ownership of your underlying applications, code, or other User Content.

18. Suspension and Termination

We may suspend, restrict, or terminate access where reasonably necessary because of a material breach of these Terms, non-payment or loss of valid entitlement, unlawful or unauthorized activity, a security incident or credible security risk, fraud, attempted circumvention of licensing or access controls, material abuse of the service, legal or regulatory requirements, or conduct that materially threatens MobAI, its infrastructure, or other users.

Where reasonably practicable and appropriate to the circumstances, we will provide notice and an opportunity to remedy a remediable breach before permanent termination. We may act immediately where delay could create legal, security, fraud, infrastructure, or third-party risk.

If we end a paid subscription for a reason other than your breach, we will give at least 30 days' notice where possible and refund the unused prepaid period.

You may stop using MobAI at any time and may cancel future subscription renewal as described in Section 12. Termination does not eliminate payment obligations or liabilities that accrued before termination.

Provisions that by their nature should survive termination remain effective, including intellectual-property provisions, accrued payment obligations, disclaimers, liability limitations, indemnities applicable to Business Users, and dispute provisions.

19. Disclaimer of Warranties

If you are a Consumer, we are responsible for MobAI's conformity with the contract as provided by the Polish Consumer Rights Act, and the rest of this Section does not apply to you.

If you are a Business User, to the maximum extent permitted by applicable law, MobAI is provided "as is" and "as available." We do not warrant that MobAI will be uninterrupted, error-free, completely secure, compatible with every device, operating-system version, third-party service, SDK, application, AI model, or workflow, or that automation or AI output will achieve a particular result.

We do not warrant third-party services or dependencies and do not guarantee that a platform owner, device manufacturer, AI provider, app store, cloud provider, or other third party will continue to permit, support, or technically enable a particular workflow.

20. Limitation of Liability

20.1 Consumers. If you are a Consumer, our liability is not excluded or limited to the extent such exclusion or limitation is prohibited by applicable law. Nothing in these Terms limits mandatory remedies for non-conforming digital content or digital services, liability for personal injury where it cannot legally be limited, liability for intentional harm, or any other liability that cannot lawfully be excluded or limited.

20.2 Business Users. To the maximum extent permitted by law, we will not be liable to a Business User for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenue, business, goodwill, anticipated savings, contracts, opportunities, or data, arising out of or relating to MobAI, even if the possibility of such loss was known or foreseeable.

20.3 Business User Liability Cap. To the maximum extent permitted by law, our aggregate liability to a Business User arising out of or relating to MobAI, these Terms, or any related claim will not exceed the total amount actually paid for MobAI by that Business User during the twelve months immediately preceding the event giving rise to the claim. If the Business User paid nothing for MobAI during that period, our aggregate liability will not exceed EUR 50.

20.4 Exceptions. The limitations in Sections 20.2 and 20.3 do not apply to liability that cannot legally be excluded or limited, including liability for damage caused intentionally.

20.5 Allocation of Risk. The pricing and availability of MobAI reflect the allocation of risk in these Terms. The limitations in Sections 20.2 and 20.3 apply to the fullest extent permitted by law regardless of the legal theory of the claim.

21. Business User Indemnity

If you are a Business User, you will indemnify and hold us harmless from third-party claims, damages, liabilities, penalties, judgments, and reasonable external legal costs arising from: (a) your unlawful or unauthorized use of MobAI; (b) your User Content; (c) your violation of third-party rights, privacy obligations, confidentiality obligations, platform terms, or applicable law; or (d) your use of MobAI to access or control a device, application, account, system, or data without sufficient authorization.

This Section does not require indemnification to the extent a claim was caused by our intentional misconduct or to the extent indemnification is prohibited by applicable law. We will provide reasonable notice of an indemnified claim and allow you reasonable participation in the defense, provided that no settlement may impose an admission, payment obligation, or non-monetary obligation on us without our consent.

22. Force Majeure and Events Outside Our Control

We are not responsible for delay, interruption, or failure caused by events beyond our reasonable control that we could not have prevented with due care, such as natural disasters, epidemics, war, terrorism, civil disturbance, governmental action, widespread internet or power outages, cyberattacks by third parties, or changes to app-store or platform rules.

For Business Users, such events also include outages or failures of hosting, cloud, and other providers we use, and failures of hardware, operating systems, or developer tools we do not control. For Consumers, this Section does not cover failures of providers we use to deliver MobAI.

23. Complaints

You may submit complaints about MobAI to [email protected]. Please include enough information to identify your account where relevant and describe the issue, the affected feature, and the remedy you are requesting.

We will review complaints and respond without undue delay and in any case within 14 days of receipt, or within any shorter period required by law. Nothing in this complaints procedure limits a Consumer's statutory rights or ability to use an available court or out-of-court dispute-resolution mechanism.

24. Contract Formation and Termination of Electronic Services

The agreement for free electronic services is concluded when you begin using the relevant MobAI service or create an account, depending on the feature. For a paid subscription, the purchase is additionally subject to the checkout and transaction terms presented by Dodo Payments.

You may terminate use of free services at any time by stopping use and, where applicable, deleting your account. Paid subscriptions may be cancelled for future renewal as described in Section 12. Account deletion may be requested by emailing [email protected], subject to retention required by law or reasonably necessary for legal claims and security.

These Terms are made available electronically in a form that can be accessed, saved, and reproduced.

25. Governing Law and Disputes

These Terms are governed by the laws of Poland, without regard to conflict-of-law rules.

If you are a Consumer, this choice of law does not deprive you of protections provided by mandatory law that would apply in the absence of this choice. Nothing in these Terms limits mandatory rules concerning the courts or dispute mechanisms available to Consumers.

If you are a Business User and applicable law permits the parties to agree jurisdiction, courts having jurisdiction over Kraków, Poland will have exclusive jurisdiction over disputes arising out of or relating to these Terms or MobAI, unless a separate written agreement states otherwise.

26. Miscellaneous

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect to the extent permitted by law, and the invalid provision will be interpreted or replaced only to the minimum extent necessary to make it enforceable while preserving its purpose.

Our failure to enforce a provision is not a waiver of that provision or of our right to enforce it later.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where applicable law gives you a non-waivable right to do so. We may transfer these Terms in connection with a reorganization, sale, transfer of the MobAI business, or similar transaction, provided that a Consumer's mandatory rights are not reduced.

These Terms, the applicable plan description, and any transaction terms presented at checkout constitute the agreement governing your use of MobAI, except where a separate written agreement expressly supersedes them.

27. Contact

MobAI is operated by Dzmitryi Hilimovich, a sole trader registered in Poland's Central Register and Information on Economic Activity (CEIDG), NIP 6751833057, REGON 545768472. You can reach us at [email protected].