Terms of Service

Last updated: September 1, 2026

1. Acceptance of Terms

By creating an account or using Morphing (morphing.app, "the Service"), you agree to these Terms, our Privacy Policy, our Acceptable Use Policy, and — where you process personal data of your own end-users through the Service — our Data Processing Addendum ("DPA"), each of which is incorporated into these Terms by reference. If you do not agree, you may not use the Service. If you accept these Terms on behalf of an organization, you represent that you are authorized to bind that organization.

2. Definitions

• "Morphing," "we," "our," or "us" means morphing.app LLC, the entity described in Section 19.
• "Builder" (also "you") means the person or organization that registers a Morphing account and uses the Service to build, configure, publish, and operate one or more applications.
• "End-User" or "Customer" means an individual who interacts with an application a Builder creates and operates on the Service — for example, a Builder's own client, patient, customer, or message recipient.
• "Builder Application" or "App" means an application, project, plugin, workflow, message flow, or other configuration a Builder creates or operates using the Service.
• "End-User Data" means data a Builder collects from, or processes about, its End-Users through a Builder Application.
• "Controller" means the party that determines the purposes and means of processing personal data. "Processor" (or "sub-processor") means a party that processes personal data on behalf of, and under the instructions of, a Controller. For End-User Data, the Builder is the Controller and Morphing acts as the Builder's Processor. For the Builder's own account and usage data, Morphing is the Controller. These roles are described further in Section 12 and in the DPA.

3. Description of Service

Morphing is an AI-native building platform. Builders use it to create applications that collect data from and communicate with their own End-Users over channels including SMS, email, and WhatsApp Business messaging, with optional AI assistance. Morphing provides the tools, hosting, storage, messaging rails, and payment rails that Builders use to operate their applications. Morphing does not control, and is not a party to, the relationship between a Builder and that Builder's End-Users.

4. Account Registration

You must provide accurate information, keep your credentials secure, and are responsible for all activity under your account. You must be at least 18 years old, or the age of majority in your jurisdiction, to register a Builder account.

5. Builder Obligations

As the Controller of your End-User Data, you are solely responsible for your applications and your data practices. In particular, you agree that:

• Lawful basis and consent. You will establish and maintain a valid lawful basis (and, where required, obtain and record clear, specific consent) for all End-User Data you collect, store, use, or transmit through the Service, including phone numbers, messaging opt-ins, and any special-category or sensitive data.
• Your own privacy notice. You will publish and maintain your own privacy notice and any other disclosures required by law for your End-Users, describing how you collect and use their data, and identifying Morphing and other processors where required.
• Data-subject requests. As Controller, you will receive and honor data-subject requests from your End-Users (access, correction, deletion, portability, objection, opt-out, and similar rights) in accordance with applicable law. Morphing will assist you as your Processor as described in the DPA and on our Data Deletion page.
• Messaging consent. You are responsible for obtaining valid opt-in consent from every recipient you message and for honoring opt-out (STOP) requests, in compliance with applicable messaging laws and carrier and platform requirements (e.g., TCPA, CTIA, A2P registration, and Meta/WhatsApp policies).
• Compliance. You will comply with all laws applicable to your application and your End-Users, and with our Acceptable Use Policy.

6. Acceptable Use

Your use of the Service — including what you build, what data you collect, and how you message — is governed by our Acceptable Use Policy ("AUP"), which is incorporated into these Terms. Among other things, you may not use the Service to send unlawful, deceptive, harassing, or unsolicited messages, to build tooling for unlawful surveillance or profiling, or to collect or sell End-User data unlawfully. We may remove content and suspend or terminate accounts that violate the AUP.

7. WhatsApp Business Messaging

If you connect a WhatsApp Business number, you additionally agree to comply with Meta's terms and policies, including the WhatsApp Business Messaging Policy and the WhatsApp Business Terms of Service. Specifically, you agree to: message only customers who have opted in; send proactive messages outside the 24-hour customer-service window only via approved message templates; honor opt-out (STOP) requests; not send prohibited content; and maintain accurate business information. You represent that you own or are authorized to manage each number you connect. Violations may result in Meta restricting or banning the number and in suspension of your Service access.

7B. Meta Advertising

If you connect a Meta advertising account, Morphing builds and manages advertisements on your behalf. The advertising account, the advertisements and the money spent on them are yours; Morphing is your agent for operating them.

You agree to and remain bound by Meta's advertiser terms, including the Meta Terms of Service, the Meta Advertising Standards, the Meta Commercial Terms and the Meta Self-Serve Ad Terms. Meta may hold you responsible for advertisements run from your account, including ones created through Morphing.

You represent that you own, or are authorized to manage and to bind, each Meta business portfolio, advertising account, Facebook Page and pixel you connect. If you are acting for an organisation, you represent that you have authority to accept these terms on its behalf.

You are responsible for what your advertisements say and where they point, including advertisements whose text or images were drafted by our automated assistant. If your advertising falls into a category Meta treats specially — housing, employment, credit, or social, electoral and political issues — you are responsible for declaring it to Meta and meeting the additional requirements that apply.

You are also responsible for giving your own website visitors any notice, and obtaining any consent, that the law of their location requires before an advertising pixel collects information about them or that information is used to target advertising, and for honouring their opt-outs. Morphing provides a consent control on the pages it publishes for you; configuring and standing behind it is yours.

Meta bills you directly for advertising spend. That money never passes through Morphing. Your Morphing subscription for advertising tooling is a separate charge from Morphing to you, described in Section 10.

We may decline to build an advertisement, and may suspend the advertising features, where we believe doing otherwise would breach Meta's policies or ours.

8. SMS Messaging

SMS is used for transactional and service communications to opted-in recipients. Message frequency varies with your activity (typically 1-5 messages per month). Recipients may reply STOP to opt out and HELP for assistance. Message and data rates may apply. No mobile information is shared with third parties or affiliates for marketing or promotional purposes. You are responsible for compliance with applicable messaging laws and carrier requirements (e.g., CTIA, TCPA, A2P registration).

9. AI Assistance

The Service may draft or send replies using an automated assistant scoped to your application. You are responsible for the messages sent from your connected numbers, including AI-drafted messages. The assistant identifies itself as automated and offers hand-off to a human where required.

10. Payments

(i) Platform Subscription Billing

Your subscription to Morphing (paid plans, metered usage, and add-ons) is billed to you in advance through our payment processor, Stripe. These fees are non-refundable except as required by law. We may change subscription pricing with notice. This billing relationship is between you and Morphing.

(i-b) Advertising Tooling, and Who Charges You for Ads

If you subscribe to Morphing's advertising features, that subscription is billed by Morphing under (i) above and is a fee for software. It is not a payment for advertising. Meta charges you separately and directly for the advertisements themselves, against the payment method on your own Meta advertising account. Morphing never buys, resells or marks up advertising, and never holds your advertising spend.

Your Morphing plan sets how much you may spend with Meta in a calendar month before Morphing will build further advertisements for you. It is a limit on our software, not on your advertising: advertisements already running continue to run, and Meta continues to charge you for them, regardless of your Morphing plan or its status.

(ii) Builder-to-Customer Commerce

If your application charges your End-Users (for example, selling products, bookings, courses, or subscriptions), those charges are processed through your own connected Stripe or Square account. In that relationship, you — not Morphing — are the merchant of record. Morphing provides the payment rails only. As merchant of record, you are solely responsible for:

• fulfilling your goods or services and setting your own prices and terms;
• refunds, disputes, and chargebacks;
• collecting and remitting all applicable sales tax, VAT, and other taxes;
• your PCI-DSS scope and compliance for your commerce; and
• complying with the terms of Stripe, Square, and any other payment provider you connect, and with applicable consumer-protection and financial-services laws.

Morphing may charge a platform or application fee on Builder-to-Customer transactions as disclosed in the Service. Card data for both billing paths is handled by Stripe or Square and is not stored on our servers.

11. Third-Party Services & Sub-processors

The Service relies on third-party providers (for example, messaging, email, AI, payments, and hosting providers) that process data as necessary to deliver the Service. The current list of sub-processors is maintained in our Privacy Policy and Data Processing Addendum. Where Morphing processes your End-User Data on your behalf, those providers act as our sub-processors, and the DPA governs their engagement, change notification, and your objection rights.

12. Your Data & Data Protection

You retain ownership of the data you and your End-Users submit. You grant us the rights necessary to host, process, and transmit that data to operate the Service on your behalf. Morphing is the Controller of your Builder account and usage data and processes it as described in the Privacy Policy. For End-User Data, you are the Controller and Morphing acts as your Processor under the Data Processing Addendum. Deletion is described on the Data Deletion page.

13. Indemnification

You will defend, indemnify, and hold harmless Morphing and its officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your Builder Application, its content, and how you operate it; (b) your data-collection and data-protection practices, including any claim by your End-Users or a third party that your collection, use, sharing, or retention of data was unlawful or lacked a valid basis or consent; (c) your messaging, including SMS, email, and WhatsApp messages you send or cause to be sent; (d) your Builder-to-Customer commerce, including refunds, chargebacks, taxes, and product or service liability; and (e) your violation of these Terms, the AUP, the DPA, or applicable law. This obligation survives termination.

14. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that AI-generated output will be accurate or appropriate for your use. You are responsible for reviewing and approving AI-generated content before it is sent or relied upon.

15. Limitation of Liability

To the maximum extent permitted by law, Morphing will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill. Subject to the carve-out below, Morphing's total aggregate liability arising out of or relating to the Service and these Terms will not exceed the amounts you paid to Morphing in the twelve (12) months before the event giving rise to the liability.

Carve-out. The limitations and the liability cap above do not apply to, and you remain fully responsible for: (a) your indemnification obligations under Section 13; and (b) your violations of data-protection or messaging laws, or of the DPA or AUP, arising from your applications, data practices, messaging, or commerce.

16. Termination

You may stop using the Service at any time. We may suspend or terminate access for violations of these Terms, the AUP, or applicable messaging or data-protection policies. On termination, we handle your data as described in the Privacy Policy, the DPA, and the Data Deletion page.

17. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Idaho, without regard to its conflict-of-laws rules. Subject to Section 18, you and Morphing agree to the exclusive jurisdiction and venue of the courts located in Nez Perce County, Idaho for any dispute arising out of or relating to these Terms or the Service.

18. Dispute Resolution; Binding Arbitration

Please read this section carefully — it affects your legal rights, including your right to file a lawsuit in court.

Informal resolution. Before starting an arbitration or lawsuit, the parties will try in good faith to resolve any dispute informally. Send a written Notice of Dispute describing the claim and the relief sought to hello@morphing.app (and, for Morphing to you, to your account email). If the dispute is not resolved within thirty (30) days of that notice, either party may proceed as described below.

Binding individual arbitration. Except as provided in "Exceptions" below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") that is not resolved informally will be resolved by final and binding arbitration on an individual basis, rather than in court. This includes disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

Arbitration procedure. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or Commercial Arbitration Rules where applicable), as modified by these Terms, before a single arbitrator. The arbitration may be conducted by written submissions, telephone, or video where permitted; any in-person hearing will take place in Nez Perce County, Idaho, unless you and Morphing agree otherwise or the applicable rules require a different location. The arbitrator's award may be entered in any court of competent jurisdiction.

Class-action and jury-trial waiver. Disputes must be brought only in a party's individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding. You and Morphing each waive any right to a jury trial and any right to participate in a class action.

Your 30-day right to opt out. You may opt out of this arbitration agreement (the "Binding individual arbitration," "Arbitration procedure," and "Class-action and jury-trial waiver" provisions of this Section 18) by emailing hello@morphing.app with the subject line "Arbitration Opt-Out" within thirty (30) days of first accepting these Terms, and including your name and the account email you use. Opting out will not affect any other part of these Terms. If you opt out, Disputes will be resolved in the courts identified in Section 17.

Exceptions. Either party may bring an individual claim in a small-claims court for a Dispute within that court's jurisdiction, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

Severability. If the class-action and jury-trial waiver above is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and may proceed in the courts identified in Section 17, while the remainder of this Section 18 continues to apply in arbitration.

This arbitration agreement is part of the draft under counsel review: confirm the administering body and rules, fee allocation, notice/opt-out mechanics, and any consumer-arbitration requirements for your jurisdiction before publication.

19. Entity Identity

The Service is provided by morphing.app LLC, a limited liability company with its principal place of business at 6636 Wapiti Dr, Lewiston, Idaho 83501. References to "Morphing," "we," "our," and "us" in these Terms mean this entity.

20. Changes to These Terms

We may update these Terms and will post the updated version here with a revised date. For material changes, we will provide notice through the Service or by email where appropriate. Continued use of the Service after changes take effect constitutes acceptance.

21. Contact Us

Email: hello@morphing.app
Website: morphing.app