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.