This Acceptable Use Policy (the "AUP") sets out the requirements that apply to Mews Systems OPCO B.V. and its Affiliates' customers ("You" or "Your") and your authorised end users when using any Mews product or service, including the Mews Platform, Mews OS, Mews Payments, and any associated modules, APIs, and integrations (collectively, the "Services"). Mews may revise this AUP from time to time in accordance with the change provisions of the Master Terms and Conditions (the "MTC"). You are responsible for ensuring that all of your end users comply with this AUP. Violating this AUP constitutes a material breach of your Agreement with Mews and may result in suspension or termination of Services. This AUP should be read in conjunction with the MTC, the Commercial Schedule, the Data Processing Addendum and all other incorporated terms (together, the "Agreement"). Capitalised terms used but not defined in this AUP have the meaning given to them in the MTC.
1. PROHIBITED USE
You agree not to use, or allow others to use, the Services in the following ways. The categories below are illustrative and not exhaustive; all determinations of violation are made by Mews in its sole discretion.
UNLAWFUL AND HARMFUL ACTIVITIES:
- using the Services for any purpose that violates applicable local, national, or international law or regulation, or that promotes, enables, or facilitates illegal activity of any kind;
- generating, storing, transmitting, or displaying content that is unlawful, tortious, obscene, defamatory, abusive, invasive of privacy, or otherwise objectionable, whether produced directly or through AI System features of the Services;
- engaging in or facilitating fraud, financial crime, pyramid schemes, multi-level marketing, make-money-fast schemes, Ponzi schemes, phishing, or pharming;
- generating or distributing false, misleading, or deceptive information, including misrepresenting AI-generated content as human-created with intent to deceive;
- disseminating, promoting, or facilitating child exploitation or abuse, non-consensual intimate content, or any material that depicts or enables harm to minors;
- inciting violence, hatred, or unlawful discrimination against any individual or group, including through AI-generated content;
- influencing political campaigns or interfering with democratic processes.
INTELLECTUAL PROPERTY:
- modifying, translating, reverse engineering, decompiling, disassembling, or creating derivative works based on the Mews Platform or Mews software, except to the extent that applicable law expressly prohibits such restriction;
- removing, altering, or obscuring any proprietary notice, copyright, trademark, or label appearing on or within the Services;
- framing, embedding, or mirroring any content forming part of the Services without Mews' prior written consent;
- accessing the Services in order to (a) build a competing or substantially similar product or service, (b) copy any ideas, modules, features, functions, or graphics of the Services, or (c) attempting to recreate, access, inspect or derive any underlying model, architecture, weights, parameters, embeddings or algorithms forming part of the Services, including through model extraction, model inference or model inversion techniques;
- generating or distributing content that depicts or reproduces the voice, likeness, or identity of any person without appropriate consent or legal authority, including non-consensual intimate imagery or unauthorised impersonation;
- registering, directly or indirectly, any trademark, business name, domain name, or other designation that incorporates or is confusingly similar to any Mews brand or mark;
- using Mews' intellectual property, logos, or trademarks in connection with Your own products, services, or corporate identity without Mews' prior written consent;
- violating the copyrights of any third party by copying or reproducing any aspect of the Services or permitting others to do so;
- contesting, challenging or otherwise making any claim or taking any action adverse to Mews' ownership of or interest in the Services or any Mews technology;
- attempting to recreate, access, inspect or derive any underlying model, architecture, weights, parameters, embeddings or algorithms forming part of the Services, including through model extraction, model inference or model inversion techniques;
- engaging in competitive analysis or benchmarking of the Services or any component thereof.
RESALE AND UNAUTHORISED ACCESS:
- selling, sublicensing, reselling, renting, outsourcing, timesharing, or otherwise transferring access to or use of the Services to any third party, except as expressly authorised under Your agreement with Mews;
- providing or facilitating unauthorised access to the Services, including by sharing or transferring activation instructions or account credentials;
- using any shared, pooled, or artificial means to undercount, misrepresent, or circumvent the licensed usage metrics applicable to Your subscription under the Commercial Schedule.
DATA AND PRIVACY:
- collecting, harvesting, or processing personal data through the Services without an appropriate legal basis under applicable data protection law;
- surveilling, monitoring, tracking, or identifying individuals through the Services, including through AI System features, without their knowledge and without lawful authority;
- sending, facilitating, or distributing unsolicited or unauthorised communications, promotions, advertisements, or spam in violation of any applicable law;
- transmitting or storing through the Services any data that You do not have the right to use, or that is subject to restrictions that would be violated by such use;
- harvesting or otherwise collecting information about others without an appropriate legal basis.
OFFENSIVE CONTENT:
- supplying content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child abuse material, relates to bestiality, or depicts non-consensual sexual acts;
- generating or facilitating harassment, bullying, or content that is psychologically or emotionally harmful to any individual or group.
2. RESTRICTED USE
The following activities require Mews' prior written consent or are subject to additional conditions. Engaging in any of these activities without the applicable authorisation or in a manner that exceeds the permitted scope constitutes a violation of this AUP.
SECURITY AND NETWORK:
- accessing or attempting to access the Services or any connected system without authorisation, or circumventing any security, authentication, access control, or AI safety filter or content moderation mechanism implemented by Mews or its third-party providers;
- monitoring, intercepting, or capturing data or traffic on the Services or any connected network without Mews' prior written consent;
- performing load, stress, or penetration testing of the Services without Mews' prior written consent and in compliance with Mews' published Vulnerability Testing Policy;
- operating open proxies, open mail relays, or open recursive domain name servers using the Services;
- using automated or non-standard means to access the Services other than through Mews' publicly supported APIs and interfaces, including scraping or crawling of any kind.
SYSTEM INTEGRITY:
- forging, altering, or falsifying the origin or routing of any packet, message, or communication, the legitimate use of aliases and anonymous remailers is not prohibited by this provision;
- accessing, tampering with, or using any non-public area, feature, or infrastructure of the Services;
- taking any action that materially degrades, overloads, disrupts, or impairs the availability or performance of the Services or the infrastructure on which they operate, including denial-of-service attacks, mail bombing, news bombing, broadcast attacks, or flooding techniques;
- introducing, transmitting, or knowingly enabling any virus, Trojan, worm, ransomware, spyware, or other malicious code or harmful program;
- automatically publishing or making available any output generated by AI System features of the Services without prior human review and approval;
- bypassing or circumventing any use limit, storage restriction, or functional boundary built into the Services;
- using the Services in any way that otherwise violates applicable AI Law.
API AND INTEGRATIONS:
- failing to safeguard any API credentials, tokens, or access keys issued by Mews. You are responsible for all activity occurring under Your credentials;
- deploying any Partner-built integration or application against the production environment of the Services without first testing it against a Mews test environment;
- processing, storing, or using Partner Data accessed via the Mews API outside of Mews' systems in a manner inconsistent with the MTC, the Data Processing Addendum, or applicable law.
PAYMENT SERVICES:
For the purposes of this section Payment Services means the payment processing, acquiring and related financial services made available through the Services and provided by the applicable third-party Payment Services Provider. Mews does not itself provide the Payment Services and acts solely as a distributor, agent or intermediary; the Payment Services are provided subject to the applicable Payment Terms and the terms of the applicable Payment Services Provider. You must not:
- use the Payment Services to process payments for goods or services that are unlawful in the applicable jurisdiction or that are prohibited or restricted under the rules of any applicable card scheme, payment network or Payment Services Provider;
- use the Payment Services to process payments for goods or services that fall outside the description of your business activities set out in the applicable Order Form, or for any personal, family or household purpose;
- use the Payment Services to facilitate money laundering, terrorist financing, sanctions evasion, fraud, bribery, corruption, tax evasion or any other financial crime;
- circumvent, knowingly provide false, inaccurate or misleading information, or otherwise fail to comply with applicable KYC, KYB, AML, or sanctions screening obligations required by Mews or the applicable Payment Services Provider;
- use the Payment Services in a manner that violates the rules of any applicable card scheme, payment network, acquiring bank, Payment Services Provider, or financial regulator, or that violates any applicable law or regulation;
- generate excessive chargebacks or disputes that exceed the thresholds or monitoring-programme limits imposed by any applicable card scheme or Payment Services Provider (as set out in or incorporated into the Commercial Schedule), or engaging in any practice designed to evade or circumvent any chargeback or fraud monitoring programme;
- resell, sublicense or otherwise make the Payment Services available to any third party, or using the Payment Services to aggregate, process or facilitate payments on behalf of, or for the benefit of, any other person (including acting as a payment facilitator, aggregator or intermediary for sub-merchants), except as expressly permitted under the Agreement;
- use the Payment Services to provide or obtain cash advance, or to extend or obtain credit, or to process any transaction that does not represent a bona fide purchase of goods or services falling within the description of your business activities set out in the applicable Order Form;
- knowingly process any payment using stolen, unauthorised, counterfeit or otherwise fraudulent payment credentials or payment instruments;
- submit transactions that do not reflect a genuine sale, testing card behaviour, making excessive or unexplained transactions, or seeking to obtain payment from both Mews (or the applicable Payment Services Provider) and the payer, bank or card issuer in respect of the same transaction;
- provide false, inaccurate or misleading information in connection with the Payment Services, or failing to cooperate with any investigation or to verify your identity or any information provided to Mews or the applicable Payment Services Provider;
- take any action that may cause Mews or the applicable Payment Services Provider to lose, or to be in breach of, its arrangements with any card scheme, payment network, acquiring bank or other payment service provider.
3. THREATS TO SAFETY
If, in Mews' reasonable determination, the equipment, software, hosted applications, or activities of any User pose an immediate threat to the physical integrity or performance of the Services, to any other user of the Services, or to the safety of any person, Mews may take any action it considers necessary, including restriction, suspension, or technical intervention, without prior notice and without liability for any resulting interruption of Your business or access to Your data. Mews will advise You by email of the action taken as soon as reasonably practicable thereafter.
You must report to Mews any vulnerability, security weakness, or incident in or affecting the Services promptly upon becoming aware of it. Reports should be directed to our Help Desk. Mews reserves the right to monitor usage of the Services to verify compliance with this AUP to the extent permitted by applicable law. You consent to such monitoring on behalf of yourself and all of your end users. Mews is under no duty under this AUP, the MTC, or otherwise, to monitor Your use of the Services.
4. VIOLATION
Mews has the right to investigate any suspected violation of this AUP. During an investigation, Mews may restrict or suspend Your access to the Services to prevent further violations, without prejudice to any other rights or remedies available to Mews under the MTC or applicable law.
If You are found to have violated this AUP, Mews may, in addition to the remedies available under the MTC, at its sole discretion: restrict or suspend access to all or part of the Services; terminate the MTC or any applicable Commercial Schedule; pursue civil remedies for costs and losses arising from the violation; and report the violation to law enforcement authorities where Mews reasonably believes a criminal offence may have been committed, and cooperate fully with any resulting investigation. Mews is not required to issue a warning before taking any of the above steps where the severity or urgency of the violation warrants immediate action.
Mews has the right to report suspected violations of this AUP to applicable law enforcement authorities or affected third parties, and to cooperate with any investigation of illegal activities associated with use of the Services.
All determinations as to what constitutes a violation of this AUP are made by Mews acting reasonably and in good faith. Undefined capitalised terms in this AUP have the meaning given to them in the MTC or the applicable Commercial Schedule.