Motivace Terms & Conditions

Acceptable Use

Users of Motivace must ensure that their interactions and uploaded content adhere to standards of professionalism and legality. Prohibited uses include, but are not limited to, uploading or sharing content that is:

• Illegal: Engaging in illegal activities or sharing illegal content.
• Offensive Material: Distributing hate speech, harassment, or other content that is generally considered offensive, inappropriate, or harmful.
• Intellectual Property Violations: Sharing copyrighted material without authorization.

Content Monitoring and Removal

Motivation Technologies reserves the right to monitor content uploaded to Motivace. If content is found to be in violation of these terms, we may take appropriate action, including but not limited to removing the content, suspending, or terminating the user's account, and cooperating with law enforcement.

User Responsibility

Users are responsible for their actions on the platform. Any violation of these terms may result in appropriate legal action.

Reporting Mechanism

Users can report any violations or concerning content directly through the platform's reporting feature.

Service Availability

Motivace commits to maintaining a minimum uptime of 99%, calculated monthly. Scheduled maintenance times, communicated in advance, are exempt from this calculation.

Changes to Privacy Policy

Motivation Technologies reserves the right to modify this privacy policy at any time. Users will be notified of significant changes through the service or via email.

More Information

This SLA does not apply to issues caused by factors outside of Motivation Technologies' control, including but not limited to natural disasters, government actions, or user error.

Data Protection

Motivation Technologies is committed to protecting the privacy and security of user data. We employ industry-standard security measures to prevent unauthorized access, disclosure, alteration, or destruction of data.

Data Retention

User data is retained only as long as necessary to provide the requested services. Post termination of service, data will be deleted in accordance with our data retention policy.

User Rights

Users have the right to access, correct, or delete their personal data. Requests for data access or deletion can be made through the designated channels provided by Motivace.

Remedies for Non-Compliance

In case of failure to meet the above-mentioned service levels, users are entitled to service credits or extended subscription periods, subject to the conditions outlined in this agreement.

More Information

Please review Motivace's Privacy Policy for additional information.

Limitation of Liability

Motivation Technologies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use Motivace; (ii) any conduct or content of any third party on Motivace; (iii) any content obtained from Motivace; and (iv) unauthorized access, use, or alteration of your transmissions or content.

Indemnification

The user agrees to defend, indemnify, and hold harmless Motivation Technologies and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of Motivace, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on Motivace.

Service Modification

Motivation Technologies reserves the right to modify or discontinue, temporarily or permanently, the Motivace service or any part of it with or without notice at any time. Users will be notified of significant changes to the service or terms.

Service Termination

Motivation Technologies may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if a user breaches the Terms of Service.

Effects of Termination

Upon termination, the user's right to use Motivace will cease immediately. Relevant data handling procedures as outlined in our Privacy Policy will be followed.

User Initiated Termination

Users may discontinue their use of Motivace at any time. The procedures for such termination and subsequent data handling will be as per the guidelines provided in the service.

Contact for Resolution

In the event of any disputes arising from the use of Motivace, users are encouraged to contact Motivation Technologies first to seek a resolution.

Governing Law

Any disputes that arise under these Terms will be governed by the laws of the State of Missouri, United States without regard to its conflict of law provisions.

Arbitration Agreement

Unless expressly prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to the use of Motivace or these Terms will be settled by binding arbitration. The arbitration will be conducted in St. Louis, Missouri in accordance with the rules of the American Arbitration Association.

Class Action Waiver

Users waive any class action claims or class-wide arbitration for any claims covered by these terms.

Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Missouri, United States, without regard to its conflict of law principles.

Venue

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in St. Louis, Missouri and the parties hereby consent to the personal jurisdiction and venue there.