Motyv8 Terms of Service

• By accessing or using our solutions, you confirm that you can form a binding contract with Motyv8, that you accept these Terms and that you agree to comply with them

• We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices, to promote a safe and secure experience on our Products and services, and/or to comply with applicable law. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.

• We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the Motyv8 community, you can delete your account at any time.

By using Motyv8, you represent and warrant that:

• You are not barred from using our services under the laws of the United States or any other applicable jurisdiction.

• You do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.

• You are not a convicted sex offender.

• You are over the age of 13

• We've previously not disabled your account for violations of our Terms.

User Responsibility and Accountability:

• Motyv8 is not liable for user actions considered "bad actor" behavior or actions counter to the intended use of our solutions and offerings. Users engaging in such behavior may face consequences, including account suspension or termination.

• Provide for your account the same name that you use in everyday life.

• Provide accurate information about yourself.

• Create only one account (your own) and use it for personal purposes.

• Not share your password, give access to your MOtyv8 account to others, or transfer your account to anyone else (without our permission).

• To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies,

• If we determine, in our discretion, that you have clearly, seriously or repeatedly breached our Terms or Policies, we may suspend or permanently disable your access to Motyv8 Company Products, and we may permanently disable or delete your account. We may also disable or delete your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.

• You are responsible for all activities that occur in connection with your account to the extent permitted by applicable law.

• You will not engage in any harassing, threatening, intimidating, predatory, grooming or stalking conduct;

Services and offerings

• We build solutions and services to help athletes measure and train their mental performance while simultaneously providing tools to build and enhance team culture not at the expense of the safety and well-being of others or the integrity of our community.

• Motyv8 does not diagnose athletes with clinical or mental health disorders. It is imperative to recognize that our services are not a substitute for professional medical advice, diagnosis, or treatment. Users are strongly advised to consult with qualified medical or mental health professionals for any concerns related to clinical or mental health disorders.

• We also can remove or restrict access to content features, services, or information if we determine that doing so is reasonably necessary to avoid or mitigate misuse of our services or adverse legal or regulatory impacts to Motyv8.

• Develop or use any applications that interact with the Services without our prior written consent;

Data Usage and Privacy:

• Motyv8 may collect data or information from players and teams for content creation and research purposes. We commit to not reselling your personal information or data and will comply with common data privacy laws.

• Unauthorized use of any content or material created by Motyv8 is strictly prohibited. Users must obtain written permission before using such content.

• We also can remove or restrict access to content features, services, or information if we determine that doing so is reasonably necessary to avoid or mitigate misuse of our services or adverse legal or regulatory impacts to Motyv8.

• We will never sell your user information to another party outside Motyv8

• You retain ownership of the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on Motyv8. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.

• Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.

• We may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).

• We always appreciate your feedback and other suggestions about our products and services. But we may use feedback and other suggestions without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

• We may disable or delete your account if after registration your account is not confirmed, your account is unused and remains inactive for an extended period of time, or if we detect someone may have used it without your permission and we are unable to confirm your ownership of the account. Software

• If you download or use our software, you give us permission to download and install updates to the software where available.

• Your purchases are not contingent on the delivery of any current or future functionality, content, or features or dependent on any oral or written public comments made by Motyv8 regarding such functionality or features.

• We’re relentlessly improving our Solutions and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Solutions altogether. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand.

• You will not attempt to do any of the following related to our solutions ans content

  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services, or do anything that might discover source code;

  • Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

  • Reverse engineer, duplicate, decompile, disassemble, or decode the services, including any underlying idea or algorithm.

  • Extract the source code of the software of the Service.

  • Use any content or material created by Motyv8 without obtaining written permission.

Limits on Liability:

• We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections.

• We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms.

Dispute resolution

• By agreeing to these Terms, you and Motyv8 are required to resolve most disputes with each other solely on an individual basis through arbitration where permitted by applicable law and not with a jury trial or as a class arbitration, class action, or any other kind of representative or court proceeding. If you do not agree to be bound by these Terms, please do not use the Services.

Ownership.

• Subject to the limited license rights granted under these Terms, Motyv8 and its licensors exclusively own all right, title, and interest in and to the Services, including all text, graphics, images, audio, video, or other materials made available via the Services, and all associated intellectual property rights. You acknowledge that the Services are protected by intellectual property rights and other laws of the U.S. and foreign countries. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any part of the Services. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services, except as necessary for your permitted use of the Services.

• You retain ownership of the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on Motyv8.. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.

• You will not post, upload, create, publish, store, submit, transmit, or otherwise share any User Content that:

  • Is confidential and for which you do not have all necessary rights to disclose or to grant us the license described above;

  • May or does infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;

  • Violates, or encourages any conduct that would violate, these Terms, the rights of any party, or otherwise create liability or violate any applicable local, state, national, or international law or regulation or would give rise to civil or criminal liability;

  • Is fraudulent, false, misleading, or deceptive;

  • Impersonates or misrepresents your affiliation with any person or entity or contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;

  • Is defamatory, obscene, pornographic, vulgar, offensive, unlawful, libelous, indecent, lewd, suggestive, abusive, or inflammatory;

  • Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

  • Is violent or threatening or promotes violence or actions that are threatening to any person or entity;

  • Promotes illegal or harmful activities or substances;

  • Contains any unsolicited or unauthorized promotions, political campaigning, advertising, or solicitations;

  • Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or

  • In our sole judgment, is objectionable, restricts, or inhibits any other person from using or enjoying the Services, or may expose Motyv8 or others to any harm or liability of any type.