Fledgling

Terms of Service

Effective date: August 1, 2026

These Terms of Service ("Terms") are an agreement between you and MW Software LLC ("MW Software," "we," "us") governing your use of the Fledgling iOS and watchOS app (the "App") and related services. By using the App, you agree to these Terms. If you do not agree, do not use the App.

1. Who may use Fledgling

Fledgling is a parent-directed app. You must be at least 18 years old and, where you record or store content about a child, you must be that child's parent or legal guardian (or have the parent or guardian's permission). Children are the subjects of the memories you keep; they are not users of the App, and the App provides no accounts or features for children to use directly.

2. Your content is yours

You own the recordings, transcripts, photos, stories, and books you create with Fledgling ("Your Content"). We claim no ownership of Your Content. You grant MW Software only the narrow, temporary licenses needed to operate the App at your direction: to transmit transcript text for story generation, and to stage rendered book files for printing when you place a print order — each as described in our Privacy Policy. We use Your Content solely to provide the App's features to you, never for advertising, profiling, or training.

You are responsible for Your Content and must have the right to record and store it (including any recordings that capture other people's voices — recording laws vary by place).

3. Stories are AI-generated

Fledgling turns your spoken words into written stories using an AI language model. Generated stories are drafts based on what you said: they may contain errors, and you should review a story — especially before printing it in a book — and re-generate or edit your memory if it doesn't say what you want. Stories are created from your words and are yours (Section 2); we do not guarantee any particular literary quality, accuracy, or fitness of generated text.

4. Membership subscriptions

Fledgling offers optional auto-renewing subscriptions ("Fledgling Membership": Standard and Family tiers, monthly or annual) purchased through Apple's In-App Purchase system.

4.1 Fair use ("unlimited everyday recording")

Standard and Family Membership include what we describe as unlimited everyday recording: enough story generation for realistic daily family use, without published per-entry counts. To keep that promise affordable and to protect the service from abuse, we apply generous background limits (including monthly story-generation ceilings and daily rate limits) set well above realistic personal use. These protect against automated, scripted, commercial, shared-account, or other non-personal use — they are not designed to be reachable by a family recording its memories, and if a real family ever hits one, our practice is to raise the ceiling, not defend it. We may throttle, suspend, or refuse service to usage patterns that indicate abuse, automation, or resale.

5. Printed books

Printed yearbooks are sold, charged, and fulfilled by our print partner, Peecho B.V. ("Peecho"), which is the seller and merchant of record, on Peecho's own checkout pages under Peecho's terms of sale. Your shipping address and payment details are collected by Peecho directly and never touch MW Software's systems. Print pricing, shipping, delivery estimates, customs handling, and remedies for defective or undelivered books are governed by Peecho's terms; issues with a printed book are handled through the print partner's customer service (we'll point you to the right place if you get stuck: feedback@mwsoftwarellc.com). Any claim against MW Software relating to a printed book is subject to Section 10.

Before you order, the App shows a preview of your book. Review the preview carefully — books print from the exact files generated at order time, including any low-resolution photo warnings the App showed you.

6. Acceptable use

You agree not to: (a) use the App to generate or store content that is unlawful; (b) reverse engineer, probe, or interfere with the App or MW Software's services, including circumventing device attestation or rate limits; (c) use automated means to submit content for story generation; (d) resell, sublicense, or provide the App's AI features to third parties; or (e) use the App other than for personal, non-commercial family memory-keeping.

6.1 Indemnification

You agree to defend, indemnify, and hold harmless MW Software and its officers, members, and agents from and against any third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your Content, including any claim that a recording was made without legally required consent or that content you created or printed infringes or harms a third party; (b) your violation of these Terms; or (c) your violation of any law or the rights of any third party. MW Software may assume control of its own defense at your expense.

7. What we promise about your data (summary)

Our Privacy Policy describes how the App is designed to handle your data: recordings are processed on-device; your library lives on your device and in your personal iCloud; we run no third-party analytics or tracking; and MW Software stores none of your content except book files staged for up to 14 days to fulfill a print order you placed. This section is a summary only: it creates no warranties or commitments beyond the Privacy Policy itself, the Privacy Policy controls in any conflict, and Section 10 applies to claims relating to data handling.

8. License and restrictions

We grant you a personal, non-exclusive, non-transferable license to use the App on Apple devices you own or control, as permitted by the App Store terms. The App, excluding Your Content, is owned by MW Software and its licensors and protected by intellectual-property law.

9. Availability, changes, termination

We may update, add, or remove features, and may discontinue the service with reasonable notice. Because your library is stored on your device and in your iCloud, discontinuation of MW Software's services would not take your saved memories away, though AI story generation and print ordering require our services to operate. We may suspend or terminate access for violation of these Terms. You can stop using the App at any time; deleting the App and your iCloud data removes your library as described in the Privacy Policy.

10. Disclaimers and limitation of liability

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS (the App's export feature exists for exactly this). TO THE MAXIMUM EXTENT PERMITTED BY LAW, MW SOFTWARE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE APP IS LIMITED TO THE AMOUNT YOU PAID MW SOFTWARE IN THE TWELVE MONTHS BEFORE THE CLAIM — OR, IF YOU HAVE PURCHASED A FLEDGLING MEMBERSHIP SUBSCRIPTION, THE GREATER OF THAT AMOUNT AND FIFTY U.S. DOLLARS ($50). MW SOFTWARE IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOSS OF DATA, TO THE EXTENT PERMITTED BY LAW.

If any provision of this section or these Terms is held unenforceable in your jurisdiction, that provision applies to the maximum extent its law permits, and the remainder of these Terms stays in effect. Nothing in these Terms limits rights that the law of your state of residence grants you and does not allow to be limited by contract.

11. Apple

These Terms are between you and MW Software, not Apple. Apple has no obligation to furnish maintenance or support for the App and is not responsible for product claims, IP claims, or legal compliance relating to the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

12. Governing law; disputes; arbitration

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-laws rules.

Arbitration and class-action waiver (please read; you may opt out). Except for the carve-outs below, any dispute arising out of these Terms or the App will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. You and MW Software each waive the right to a jury trial and to participate in a class, collective, or representative action. Carve-outs: either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for intellectual-property misuse. Opt-out: you may reject this arbitration provision by emailing feedback@mwsoftwarellc.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration; opting out does not affect any other provision. For any matter not subject to arbitration, disputes will be resolved in the state or federal courts located in New Jersey, and you consent to their jurisdiction.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced in the App or on our website with a reasonable notice period; the effective date above always reflects the current version. Continued use after changes take effect constitutes acceptance.

14. Contact

MW Software LLC · feedback@mwsoftwarellc.com · mwsoftwarellc.com