These Terms of Use are effective on January 15, 2024.
By accessing or using MOTI applications (including mobile applications) or any services made
available by MOTI (together, the "Service"), however accessed, you agree to be bound by these
terms of use ("Terms of Use"). The Service is owned or controlled by MOTI Technologies, Inc.
("MOTI"). These Terms of Use affect your legal rights and obligations. If you do not agree to be
bound by all of these Terms of Use, do not access or use the Service. There may be times when we
offer a special feature that has its own terms and conditions that apply in addition to these
Terms of Use. In those cases, the terms specific to the special feature control to the extent
there is a conflict with these Terms of Use. ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN
YOU AND MOTI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO
PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Basic Terms
You must be at least 18 years old to use the Service.
All transactions are final. If technical problems prevent or unreasonably delay payment or
transmittals, your exclusive and sole remedy is via the other party to your transaction.
You understand that MOTI prices, rates, or fees may change at any time and are nonrefundable.
Fee structure
PRO Users
PRO users pay a percentage of the call revenue to cover credit card and other fees,
and a flat per-minute rate during video chats.
$0.10 USD per minute of video call time, rounded up to nearest minute.
30¢ USD card swipe fee + 2.9% of all transactions, which includes
the final cost of the call and on every direct payment.
12.1% of the final call amount calculated by the reconciled call duration
multiplied the per minute rate agreed to at the start of the call.
The first 10 seconds of a call is a grace period where either party can cancel the
call without being charged.
Calculate your fees with our .
Standard Users
Standard users are not charged any fees for use of the MOTI platform and only pay the
amount that they are presented for Pro User services.
You are responsible for any activity that occurs through your account and you agree you will
not sell, transfer, license or assign your account, followers, username, or any account
rights. With the exception of people or businesses that are expressly authorized to create
accounts on behalf of their employers or clients, MOTI prohibits the creation of and you agree
that you will not create an account for anyone other than yourself. You also represent that
all information you provide or provided to MOTI upon registration and at all other times will
be true, accurate, current and complete and you agree to update your information as necessary
to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other MOTI users.
You are responsible for keeping your password secret and secure.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people
or entities and you must not disclose private or confidential information via the Service,
including, without limitation, your or any other person's credit card information, social
security or alternate national identity numbers, non-public phone numbers or nonpublic email
addresses.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with
all laws, rules and regulations (for example, federal, state, local and provincial) applicable
to your use of the Service and your Content (defined below), including but not limited to,
copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames,
images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of
authorship, applications, links and other content or materials (collectively, "Content") that
you submit, transmit, disclose, or display on or via the Service.
You agree that MOTI is not responsible for any content, whether public or private, that was
discovered, obtained, and/or transmitted via any recording device, such as a microphone, video
recorder, or camera, and which otherwise captured information about private or public
communications, including but not limited to, conversations, interviews, services,
performances and phone calls in which you or others participated.
You must not change, modify, adapt or alter the Service or change, modify or alter another
website so as to falsely imply that it is associated with the Service or MOTI.
You must not create or submit unwanted email, comments, or other forms of commercial or
harassing communications (a/k/a "spam") to any MOTI users.
You must not use domain names or web URLs in your username without prior written consent from
MOTI.
You must not interfere or disrupt the Service or servers or networks connected to the Service,
including by transmitting any worms, viruses, spyware, malware or any other code of a
destructive or disruptive nature. You may not inject content or code or otherwise alter or
interfere with the way any MOTI page is rendered or displayed in a user's browser or device.
You must not create accounts with the Service through unauthorized means, including but not
limited to, by using an automated device, script, bot, spider, crawler or scraper.
You must not attempt to restrict another user from using or enjoying the Service and you must
not encourage or facilitate violations of these Terms of Use or any other MOTI terms.
Violation of these Terms of Use may, in MOTI 's sole discretion, result in termination of your
MOTI account. You understand and agree that MOTI cannot and will not be responsible for the
Content transmitted on the Service and you use the Service at your own risk. If you violate
the letter or spirit of these Terms of Use, or otherwise create risk or possible legal
exposure for MOTI, we can stop providing all or part of the Service to you.
By using the Service, including whether you are a standard or PRO user, you further agree to
abide by the Stripe Services Agreement (“Stripe”), and all of Stripes terms and conditions
contained therein. Please refer to https://stripe.com/us/connect-account/legal.
By using the Service, you understand and agree that any email address you use or provide will
be transmitted to Stripe.
General Conditions
We reserve the right to modify or terminate the Service or your access to the Service for any
reason, without notice, at any time, and without liability to you. You can deactivate your
MOTI account at anytime by following the appropriate steps provided. If we terminate your
access to the Service or you use the form detailed above to deactivate your account, all of
your data will no longer be accessible through your account (e.g., users will not be able to
navigate to your username and view your account), but those materials and data may persist and
appear within the Service (e.g., if your Content has been transmitted by others).
Upon termination, all licenses and other rights granted to you in these Terms of Use will
immediately cease.
We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms")
from time to time. Unless we make a change for legal or administrative reasons, we will
provide reasonable advance notice before the Updated Terms become effective. You agree that we
may notify you of the Updated Terms by posting them on the Service, and that your use of the
Service after the effective date of the Updated Terms (or engaging in such other conduct as we
may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should
review these Terms of Use and any Updated Terms before using the Service. The Updated Terms
will be effective as of the time of posting, or such later date as may be specified in the
Updated Terms, and will apply to your use of the Service from that point forward. These Terms
of Use will govern any disputes arising before the effective date of the Updated Terms.
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username for any reason.
We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts
containing Content that we determine in our sole discretion violates these Terms of Use.
You are solely responsible for your interaction with other users of the Service, whether
online or offline. You agree that MOTI is not responsible or liable for the conduct of any
user. MOTI reserves the right, but has no obligation, to monitor or become involved in
disputes between you and other users. Exercise common sense and your best judgment when
interacting with others, including when you submit or transmit Content or any personal or
other information.
There may be links from the Service, or from communications you receive from the Service, to
third-party web sites or features. There may also be links to third-party web sites or
features in images or comments within the Service. The Service also includes thirdparty
content that we do not control, maintain or endorse. Functionality on the Service may also
permit interactions between the Service and a third-party web site or feature, including
applications that connect the Service or your profile on the Service with a third-party web
site or feature. For example, the Service may include a feature that enables you to share
Content from the Service or your Content with a third party, which may be publicly transmitted
on that third party's service or application. Using this functionality typically requires you
to login to your account on the third-party service and you do so at your own risk. MOTI does
not control any of these third-party web services or any of their content. You expressly
acknowledge and agree that MOTI is in no way responsible or liable for any such third-party
services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND
THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole
and absolute discretion and risk, to use applications that connect the Service or your profile
on the Service with a third-party service (each, an "Application") and such Application may
interact with, connect to or gather and/or pull information from and to your Service profile.
By using such Applications, you acknowledge and agree to the following: (i) if you use an
Application to share information, you are consenting to information about your profile on the
Service being shared; (ii) your use of an Application may cause personally identifying
information to be publicly disclosed and/or associated with you, even if MOTI has not itself
provided such information; and (iii) your use of an Application is at your own option and
risk, and you will hold the MOTI Parties (defined below) harmless for activity related to the
Application.
You agree that you are responsible for all data charges you incur through use of the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via
automated means, including but not limited to, user profiles and photos (except as may be the
result of standard search engine protocols or technologies used by a search engine with
MOTI’'s express consent).
Rights
MOTI does not claim ownership of any Content that you transmit on or through the Service.
Instead, you hereby grant to MOTI a non-exclusive, fully paid and royalty-free, transferable,
sub-licensable, worldwide license to use the Content that you transmit on or through the
Service.
You acknowledge that we may not always identify paid services, sponsored content, or
commercial communications as such.
You represent and warrant that: (i) you own the Content transmitted by you on or through the
Service or otherwise have the right to grant the rights and licenses set forth in these Terms
of Use; (ii) the transmitting and use of your Content on or through the Service does not
violate, misappropriate or infringe on the rights of any third party, including, without
limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual
property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by
reason of Content you transmit on or through the Service; and (iv) you have the legal right
and capacity to enter into these Terms of Use in your jurisdiction.
The Service contains content owned or licensed by MOTI ("MOTI Content"). MOTI Content is
protected by copyright, trademark, patent, trade secret and other laws, and, as between you
and MOTI, MOTI owns and retains all rights in the MOTI Content and the Service. You will not
remove, alter or conceal any copyright, trademark, service mark or other proprietary rights
notices incorporated in or accompanying the MOTI Content and you will not reproduce, modify,
adapt, prepare derivative works based on, perform, display, publish, distribute, transmit,
broadcast, sell, license or otherwise exploit the MOTI Content.
The MOTI name and logo are trademarks of MOTI, and may not be copied, imitated or used, in
whole or in part, without the prior written permission of MOTI. In addition, all page headers,
custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of
MOTI, and may not be copied, imitated or used, in whole or in part, without prior written
permission from MOTI.
Although it is MOTI’s intention for the Service to be available as much as possible, there
will be occasions when the Service may be interrupted, including, without limitation, for
scheduled maintenance or upgrades, for emergency repairs, or due to failure of
telecommunications links and/or equipment. Also, MOTI reserves the right to remove any Content
from the Service for any reason, without prior notice. Content removed from the Service may
continue to be stored by MOTI, including, without limitation, in order to comply with certain
legal obligations, but may not be retrievable without a valid court order. Consequently, MOTI
encourages you to maintain your own backup of your Content. In other words, MOTI is not a
backup service and you agree that you will not rely on the Service for the purposes of Content
backup or storage. MOTI will not be liable to you for any modification, suspension, or
discontinuation of the Services, or the loss of any Content. You also acknowledge that the
Internet may be subject to breaches of security and that the submission of Content or other
information may not be secure.
You agree that MOTI is not responsible for, and does not endorse, Content transmitted within
the Service. MOTI does not have any obligation to prescreen, monitor, edit, or remove any
Content. If your Content violates these Terms of Use, you may bear legal responsibility for
that Content.
As between you and MOTI, any Content will be non-confidential and non-proprietary and we will
not be liable for any use or disclosure of Content. You acknowledge and agree that your
relationship with MOTI is not a confidential, fiduciary, or other type of special
relationship, and that your decision to submit any Content does not place MOTI in a position
that is any different from the position held by members of the general public, including with
regard to your Content. None of your Content will be subject to any obligation of confidence
on the part of MOTI, and I MOTI will not be liable for any use or disclosure of any Content
you provide.
It is MOTI 's policy not to accept or consider content, information, ideas, suggestions or
other materials other than those we have specifically requested and to which certain specific
terms, conditions and requirements may apply. This is to avoid any misunderstandings if your
ideas are similar to those we have developed or are developing independently. Accordingly,
MOTI does not accept unsolicited materials or ideas, and takes no responsibility for any
materials or ideas so transmitted. If, despite our policy, you choose to send us content,
information, ideas, suggestions, or other materials, you further agree that MOTI is free to
use any such content, information, ideas, suggestions or other materials, for any purposes
whatsoever, including, without limitation, developing and marketing products and services,
without any liability or payment of any kind to you.
Other IP Violations
We respect other people's rights, and expect you to do the same.
If you repeatedly infringe other people's intellectual property rights, we will disable your
account when appropriate.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, MOTI CONTENT, IS PROVIDED ON AN "AS IS", "AS
AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MOTI
NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE " MOTI PARTIES") MAKE
ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS
TO: (A) THE SERVICE; (B) THE MOTI CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE
TRANSMISSION OF INFORMATION TO MOTI OR VIA THE SERVICE. IN ADDITION, THE MOTI PARTIES HEREBY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET
ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE MOTI PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR
UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE
SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES.
THE MOTI PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING
ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE
OF THE SERVICE IS AT YOUR SOLE RISK. THE MOTI PARTIES DO NOT WARRANT THAT YOUR USE OF THE
SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MOTI PARTIES SPECIFICALLY DISCLAIM
SUCH WARRANTIES.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN
EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE MOTI PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR
LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE
OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR
RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE MOTI PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY
KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED
TO: (A) THE SERVICE; (B) THE MOTI CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE,
OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY
THE MOTI PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE
SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY
OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S
COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE
FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR
ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE
OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MOTI PARTIES HAVE BEEN ADVISED OF OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY
NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN
NO EVENT WILL THE MOTI PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY,
INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF MOTI 'S
ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO
ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY,
PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE MOTI PARTIES, AND YOU WILL HAVE NO RIGHTS TO
ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR
EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED
BY THE MOTI PARTIES. MOTI IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF
THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY
CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU
HAVE AGAINST ANY SUCH THIRD PARTIES.
Indemnification
You (and also any third party for whom you operate an account or activity on the Service) agree
to defend (at MOTI's request), indemnify and hold the MOTI Parties harmless from and against any
claims, liabilities, damages, losses, and expenses, including without limitation, reasonable
attorney's fees and costs, arising out of or in any way connected with any of the following
(including as a result of your direct activities on the Service or those conducted on your
behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged
breach of these Terms of Use; (iii) your violation of any third-party right, including without
limitation, any intellectual property right, publicity, confidentiality, property or privacy
right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or
orders of any governmental and quasigovernmental authorities, including, without limitation, all
regulatory, administrative and legislative authorities; or (v) any misrepresentation made by
you. You will cooperate as fully required by MOTI in the defense of any claim. MOTI reserves the
right to assume the exclusive defense and control of any matter subject to indemnification by
you, and you will not in any event settle any claim without the prior written consent of MOTI.
Arbitration
You agree that all disputes between you and MOTI (whether or not such dispute involves a third
party) with regard to your relationship with MOTI, including without limitation disputes related
to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will
be resolved by binding, individual arbitration under the American Arbitration Association's
rules for arbitration of consumer-related disputes and you and MOTI hereby expressly waive trial
by jury. You may bring claims only on your own behalf. Neither you nor MOTI will participate in
a class action or class-wide arbitration for any claims covered by this agreement. You also
agree not to participate in claims brought in a private attorney general or representative
capacity, or consolidated claims involving another person's account, if MOTI is a party to the
proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.
In the event the American Arbitration Association is unwilling or unable to set a hearing date
within one hundred and sixty (160) days of filing the case, then either MOTI or you can elect to
have the arbitration administered instead by the Judicial Arbitration and Mediation Services.
Judgment on the award rendered by the arbitrator may be entered in any court having competent
jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have
authority to award damages, remedies or awards that conflict with these Terms of Use.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with MOTI
must be filed within one year after such claim arose; otherwise, your claim is permanently
barred.
Governing Law & Venue
These Terms of Use are governed by and construed in accordance with the laws of the State of New
York, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE
GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF
OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision
of these Terms of Use, you agree to resolve any dispute you have with MOTI exclusively in a
state or federal court located in Brooklyn, New York, and to submit to the personal jurisdiction
of the courts located in Kings County for the purpose of litigating all such disputes. If any
provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable
during arbitration or by a court of competent jurisdiction, then that provision will be deemed
severable from these Terms of Use and will not affect the validity and enforceability of any
remaining provisions. MOTI 's failure to insist upon or enforce strict performance of any
provision of these Terms will not be construed as a waiver of any provision or right. No waiver
of any of these Terms will be deemed a further or continuing waiver of such term or condition or
any other term or condition. MOTI reserves the right to change this dispute resolution
provision, but any such changes will not apply to disputes arising before the effective date of
the amendment. This dispute resolution provision will survive the termination of any or all of
your transactions with MOTI.
Entire Agreement
If you are using the Service on behalf of a legal entity, you represent that you are authorized
to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the
entire agreement between you and MOTI and governs your use of the Service, superseding any prior
agreements between you and MOTI. You will not assign the Terms of Use or assign any rights or
delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of
law, without the prior written consent of MOTI. Any purported assignment or delegation by you
without the appropriate prior written consent of MOTI will be null and void. MOTI may assign
these Terms of Use or any rights hereunder without your consent. If any provision of these Terms
of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable,
the parties nevertheless agree that such portion will be deemed severable from these Terms of
Use and will not affect the validity and enforceability of the remaining provisions, and the
remaining provisions of the Terms of Use remain in full force and effect. Neither the course of
conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms
of Use do not confer any third-party beneficiary rights.
Territorial Restrictions
The information provided within the Service is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be contrary
to law or regulation or which would subject MOTI to any registration requirement within such
jurisdiction or country. We reserve the right to limit the availability of the Service or any
portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our
sole discretion, and to limit the quantities of any content, program, product, service or other
feature that MOTI provides. Software related to or made available by the Service may be subject
to United States export controls. Thus, no software from the Service may be downloaded, exported
or re-exported: (a) into (or to a national or resident of) any country to which the United
States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any
software related to the Service, you represent and warrant that you are not located in, under
the control of, or a national or resident of, any such country or on any such list.
The effective date of these Terms of Use is May 30, 2017. These Terms of Use were written in
English (US). To the extent any translated version of these Terms of Use conflicts with the
English version, the English version controls.