1. Introduction
These terms constitute a legal agreement between you and Small Scale Labs AB ( "Newly," "we," or "us"), a company registered in Stockholm, Sweden. Your use of newly.app (the "Site") and the services made available on the Site (the "Services") is subject to these Terms of Service (these "Terms"). By using the Site 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 are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.
We may revise these Terms at any time by posting updated terms on the Site or providing you with notice. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms.
2. Definitions
When we use the following terms in these Terms, here's what we mean:
- "AI Output" means code, content, designs, configuration, or other outputs generated by artificial intelligence models in connection with your use of the Services.
- "Customer Data" means any content, code, text, images, files, prompts, or other data that you input, upload, submit, host, or generate through the Services, including applications you create using the Platform. Customer Data does not include Usage Data or Newly Materials.
- "Infrastructure Provider(s)" means third-party providers of hosting, database, storage, networking, build, distribution, or related infrastructure services we use to operate the Services.
- "Newly Materials" means the Platform, the Services, the Site, 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. Newly Materials do not include your Customer Data.
- "Personally Identifiable Information" or "PII" means any information that identifies, relates to, describes, or could reasonably be linked to a specific individual.
- "Platform" means our software platform, accessible through the Site, that lets you create native iOS and Android applications by interacting with artificial intelligence.
- "Services" means the Platform and all related features, tools, modules, integrations, and support services we make available to you under these Terms.
- "Site" means newly.app and any associated domains or subdomains we control.
- "Third-Party AI Provider(s)" means external providers of artificial intelligence models or related services that the Services rely on (for example, Anthropic, OpenAI, or Google).
- "Usage Data" means telemetry, logs, performance data, usage metrics, and other technical data generated by or in connection with your use of the Services. Usage Data does not include Customer Data or PII.
3. License to Use Our Services
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes, as permitted by your subscription plan. This license does not give you any ownership interest in the Services or Newly Materials, and all rights not expressly granted are reserved by us. This license terminates immediately if you violate these Terms or your account is terminated for any reason.
4. License Restrictions and Acceptable Use
You agree not to, and not to allow others to:
- copy, modify, distribute, sell, lease, sublicense, or otherwise exploit the Services or Newly Materials except as expressly permitted in these Terms;
- resell, provide, or make the Services available to any third party on a service bureau or time-sharing basis;
- share your account credentials or allow unauthorized access to your account;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, models, or algorithms underlying the Services;
- bypass or disable any security, usage, or access controls;
- use automated tools (such as bots, scrapers, or crawlers) to access or interact with the Services without our written permission;
- upload, transmit, or distribute any malicious code, viruses, or harmful content;
- overload, disrupt, or interfere with the normal operation of the Services;
- use the Services to harass, defame, impersonate, or otherwise harm others;
- use the Services in violation of applicable laws, regulations, export controls, or sanctions;
- use the Services to generate or disseminate harmful, misleading, unlawful, or infringing content;
- misrepresent AI Output as human-generated in contexts where it could cause harm or deception;
- use AI Output without appropriate review in high-risk or sensitive contexts (including medical, legal, financial, or safety-critical uses);
- extract, reconstruct, or attempt to determine model weights, training data, or system logic;
- use the Services, AI Output, or prompts to train, develop, or improve competing AI models or app-building products;
- upload content you do not have the rights to use or that infringes any third-party intellectual property or privacy right.
5. Eligibility and Accounts
You may use the Services only if:
- you are at least eighteen (18) years old or the age of majority in your jurisdiction and have the legal capacity to enter into a binding contract; or
- you are younger than eighteen (18) and participate in an organized event under the supervision of adults and facilitators, for which Newly has been informed in advance to set up accounts and platform policies for the secure and compliant processing of participant data.
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 believe we may have collected such data, please contact us at [email protected].
You are responsible for maintaining account security and for all activity that occurs under your account. You must provide accurate information and keep it up to date. If you are using the Services on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.
6. Suspension and Termination for Breach
We may suspend or terminate your account, access to the Services, or any portion of them immediately if we reasonably believe you have violated these Terms (including the License Restrictions above) 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.
7. Fees and Billing
Subscriptions
You can use the Platform under a free or paid plan, as described on the Site. Paid plans are billed in advance on a monthly or annual basis and renew automatically unless you cancel before the renewal date in your account settings. Plan limits (for example, seats, features, credit allocations, or usage thresholds) are described on the Site and may change from time to time.
Usage and Allocations
Plans include a defined allocation of credits or other usage units. Allocations are consumed as you use the Platform and reset on the schedule described for your plan unless we expressly state that they roll over. Allocations are not stored value, do not earn interest, and have no cash equivalent.
Payment Processing
You may be charged through Stripe or another third-party payment processor that we designate from time to time. By purchasing a subscription or other paid feature, you agree to the applicable terms of the payment processor in addition to these Terms. We rely solely on the records, calculations, and determinations of our designated payment processor with respect to payments, metering, invoicing, and account balances, and you agree that those determinations are final and binding absent manifest error.
Metering and Third-Party Dependencies
We use reasonable efforts to meter usage accurately, but metering depends on third-party services (including Stripe, Infrastructure Providers, and Third-Party AI Providers). By using the Services, you agree that our metering and billing records are authoritative.
8. Taxes and Withholding
Fees are exclusive of taxes. You are responsible for any taxes, duties, or government charges that apply, other than taxes based on our income.
9. Service Dependencies and Availability
We provide the Services using a combination of our own technology and third-party providers, including Infrastructure Providers and Third-Party AI Providers (such as Anthropic, OpenAI, and Google). Because we do not fully control these providers, we cannot guarantee the uninterrupted availability, performance, or security of the Services. You understand and agree that interruptions, delays, or errors may occur, and that we will not be responsible for issues caused by those providers or by events beyond our reasonable control (including force majeure events).
10. AI Use Disclaimer
The Services use artificial intelligence models to generate code, content, or other outputs ("AI Output"). AI Output may contain errors, inaccuracies, security issues, or other defects and should not be relied upon without independent review and testing. You are solely responsible for reviewing, validating, and using any AI Output, whether it is generated through our Platform or any model or API that you connect to the Services.
You assume full responsibility for your use of AI 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. AI Output may be similar or identical to content generated for other users who submit similar prompts. We do not guarantee that AI Output will be unique, free of third-party rights, accurate, or suitable for any particular purpose. You are responsible for ensuring that any application you build, publish, or distribute using the Services complies with applicable App Store, Play Store, and platform policies as well as all applicable laws.
11. Customer Data and Privacy
No Sensitive Data
You agree not to upload, input, or otherwise provide protected health information under HIPAA or equivalent regimes, or any other special categories of data (such as financial account numbers, government identifiers, or biometric data). Our Services are not designed to handle that type of data, and we disclaim all responsibility if you choose to submit it.
Use of Infrastructure and AI Providers
The Services run in part on Infrastructure Providers and transmit your inputs, prompts, and related data to artificial intelligence systems, including large language models and other machine learning models, in order to generate code, content, or other outputs. These systems may be provided by us, by Third-Party AI Providers (such as Anthropic, OpenAI, or Google), or by models that you connect yourself. By using the Services, you consent to these transfers, processing, and storage.
Rights in Customer Data
Except for PII, you grant us a worldwide, royalty-free license to use, copy, modify, process, analyze, and otherwise exploit your Customer Data for our business purposes, including without limitation:
- operating, maintaining, and improving the Services;
- developing and improving artificial intelligence and machine learning models;
- creating benchmarks, analytics, and insights; and
- any other lawful business purpose.
If you do not want your Customer Data used for model training or other business purposes, you may opt out by contacting us or by upgrading to a plan that provides enhanced data-handling controls, where available.
Use of PII
We will not use raw or identifiable PII for model training. We do not sell PII and we do not share it with third parties for advertising or marketing. We may anonymize and aggregate PII, and once anonymized and aggregated, we may use it for any business purpose without restriction.
Retention and Deletion
- We may retain Customer Data in an anonymized and aggregated form indefinitely for the purposes set out above.
- We retain PII as long as reasonably necessary to provide the Services.
- We may also retain specific PII, after account closure or deletion requests, for fraud prevention, legal defense, or to comply with our legal obligations.
- Deleted data may persist in backups for a limited time before being permanently removed.
- Usage Data and anonymized or aggregated information may be retained indefinitely.
Customer Responsibility
You are responsible for ensuring that your use of the Services, including transfers of Customer Data through the Platform or any model or service you connect, complies with applicable data protection and privacy laws (including, where applicable, the GDPR).
12. Access, Refunds & Cancellation
Access
- Credentials are sent via email upon purchase.
- Access is granted immediately once payment is confirmed.
Refund Policy
Refunds are only available in the following circumstances:
- First 2-day guarantee: If you request a refund within the first 2 days of your initial subscription, and you have used less than 5% of your credit allocation, you are eligible for a full refund of that payment. This guarantee applies to new subscriptions only and does not apply to renewals.
- Latest billing period: Refunds are only offered for the latest billing period.
- Duplicate charges: If you were charged more than once for the same subscription, the duplicate charge will be fully refunded.
- Billing errors: Any charges resulting from a billing error will be corrected and refunded.
- Platform & AI Capabilities: By completing your purchase, you acknowledge that you have reviewed the platform's features and AI capabilities prior to subscribing. As no free trial is available, we encourage you to review all available information before purchasing. Refunds will not be issued based on unmet expectations.
- Project deletion: If a project is deleted, there is no refund.
- One refund per customer: Refunds are limited to one per customer. If you have previously received a refund and later resubscribe or purchase a plan again, no further refunds will be issued for any subsequent payments.
All other purchases are final. No partial refunds are issued for unused time or remaining credit limits outside of the above circumstances.
Cancellation
- You may cancel at any time via your account settings.
- Your subscription remains active until the end of the current billing cycle.
- Cancellations take effect at renewal; no partial refunds are issued for unused time remaining in your cycle.
Top-Up Credits
Top-up credits are one-time, add-on credits available for purchase by active paying subscribers in addition to their plan's included allocation. By purchasing top-up credits, you acknowledge and agree that:
- All top-up purchases are final and strictly non-refundable. The first-2-day guarantee, latest-billing-period rule, and other refund circumstances described above apply to subscription payments only and do not apply to top-up purchases.
- Top-up credits expire twelve (12) months after the date of purchase and are forfeited if not used within that period.
- Top-up credits are consumed only after your subscription's included credit allocation for the current billing period has been exhausted.
- Top-up credits are non-transferable, non-redeemable for cash or other value, and may not be combined with promotional credits unless we expressly permit it.
13. Promotional Credits and Offers
From time to time, we may provide you with promotional credits, discounts, or trial access at our sole discretion. Promotional offers:
- are non-transferable, non-refundable, and non-redeemable for cash or other value;
- may be limited to specific Services or plan tiers;
- expire as stated in the promotion, or if no expiration is stated, at the end of the then-current billing cycle; and
- may not be combined with other promotions unless we expressly permit it.
We may revoke, cancel, or adjust promotional offers at any time if we reasonably believe they were obtained fraudulently, used in violation of these Terms, or provided in error.
14. Ownership
Our Rights
We (and our licensors) own all rights, title, and interest in and to the Services and Newly Materials. This includes the Platform, the Site, all underlying software, infrastructure, technology, databases, APIs, models, algorithms, interfaces, and tools, and all improvements, modifications, or derivative works of the foregoing. Except for the limited license we grant you under these Terms, we reserve all rights in and to the Services and Newly Materials.
Your Rights
As between us, you own your Customer Data, including the applications, websites, or other projects you build using the Services. As between us, you also own any AI Output generated for you through the Services, subject to any third-party rights in the underlying models, training data, or outputs.
Usage Data
We own all Usage Data generated by or in connection with your use of the Services. We may use Usage Data for any business purpose, including monitoring, analytics, benchmarking, improving the Services, and developing new features or offerings.
Feedback
If you provide us with any feedback, suggestions, ideas, or other information relating to the Services or our business ("Feedback"), you agree that we may use, copy, modify, distribute, publish, or otherwise exploit that Feedback for any purpose, in any form, and through any medium, without restriction or compensation to you. We have no obligation to keep Feedback confidential.
15. Disclaimers of Warranties
THE SERVICES (INCLUDING THE PLATFORM AND ALL AI OUTPUT) ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE AND OUR LICENSORS AND PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES OR ANY RESULTS YOU MAY OBTAIN. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL CODE, OR THAT AI OUTPUT WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR INTENDED USE.
16. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of or related to:
- your misuse of the Services, including excess or abusive use;
- your failure to comply with applicable laws or regulations;
- your violation of the terms of any Third-Party AI Provider, Infrastructure Provider, or app distribution platform (including the App Store and Play Store);
- any content or Customer Data you provide, including claims of infringement, misappropriation, or violation of third-party rights.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS, PROVIDERS, AFFILIATES, AND OFFICERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR ANY DOWNTIME, FAILURES, DELAYS, OR OTHER ISSUES CAUSED BY INFRASTRUCTURE PROVIDERS, THIRD-PARTY AI PROVIDERS, OR OTHER THIRD PARTIES; FOR ERRORS OR INACCURACIES IN AI OUTPUT; FOR ANY ACT OR OMISSION BY YOU, YOUR USERS, OR ANYONE USING YOUR ACCOUNT; OR FOR LOSS OF CUSTOMER DATA, EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN NO EVENT WILL OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.
18. Term and Termination
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. We may terminate your account or access to the Services for convenience by providing you with advance notice, or as otherwise provided in the "Suspension and Termination for Breach" section. We may also discontinue or modify the Services in whole or in part at any time by providing you with advance notice. Upon termination, your right to access the Services ends immediately. You remain responsible for all fees and charges incurred up to the date of termination.
19. Governing Law and Dispute Resolution
These Terms and any dispute or claim arising out of or relating to them, the Services, or your use of the Services will be governed by and construed under the laws of Sweden, without regard to its conflict of law principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.
You agree that the courts of Stockholm, Sweden, will have exclusive jurisdiction over all disputes and claims arising out of or relating to these Terms or the Services, and you consent to the personal jurisdiction of those courts. Nothing in this section prevents a consumer resident in the European Union from bringing proceedings in the courts of their country of residence to the extent required by mandatory law.
Any dispute with us must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Our failure to enforce any right or provision in these Terms will not be considered a waiver of those rights. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
20. Survival
The provisions of these Terms relating to intellectual property, data rights, disclaimers, limitations of liability, indemnification, governing law, and any other terms that by their nature should survive, will continue in effect after termination of your account or these Terms.
21. Publicity Rights
If you are a business entity, you grant us a non-exclusive, worldwide, royalty-free license to use your name, logo, and trademarks ("Marks") to identify you as a customer on our website, in customer lists, pitch materials, investor presentations, and other marketing and promotional materials. You may revoke this license at any time by giving us written notice. After we receive your notice, we will make commercially reasonable efforts to stop using your Marks in new materials, but we are not required to recall or destroy materials already in use. You represent and warrant that you have all necessary rights to grant this license and that our use of your Marks as permitted here will not infringe or misappropriate any third-party rights.
22. Intellectual Property Complaints
We respect intellectual property rights. If you believe that material available through the Services infringes your copyright or other intellectual property rights, please send a written notice to [email protected] that includes:
- identification of the work claimed to have been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient for us to locate it;
- your contact information, including name, address, phone number, and email;
- a statement that you have a good-faith belief that the use of the material is not authorized by the rights owner, its agent, or the law;
- a statement, under penalty of perjury, that the information in the notice is accurate and that you are the rights owner or authorized to act on behalf of the owner; and
- your physical or electronic signature.
We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, accounts of users who are determined to be repeat infringers.
23. Notices
We may provide notices to you (including changes to these Terms, updates to our Services, or other important information) by email to the address associated with your account, through in-product notifications, or by posting on our website. Notices are deemed given when sent. All legal notices to us must be sent to [email protected].
24. Miscellaneous
Entire Agreement
These Terms are the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements, communications, and understandings (whether written or oral) relating to the Services.
Assignment
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign, delegate, or transfer these Terms, in whole or in part, without restriction. Any attempt to assign in violation of this section is void.
Export Controls and Sanctions
You may not use the Services if you are located in, or acting on behalf of a person or entity located in, a country or territory that is subject to EU, U.S., U.K., or UN embargoes or sanctions, or if you are on any government list of restricted or prohibited parties. You represent and warrant that you are not subject to such restrictions.
Beta or Experimental Features
From time to time, we may make features available that are identified as beta, preview, or experimental. Such features may be incomplete, may change at any time, and may be discontinued without notice. They are provided "as is," without warranties of any kind, and may be subject to additional terms.
Waiver and Severability
Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
25. Contact
Small Scale Labs AB
Agavägen 19, 181 55, Lidingö, Sweden
Email: [email protected]