Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Motiv Technologies, Inc. ("Motiv," "we," "us," or "our") governing your access to and use of our website, platform, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Service Description

Motiv provides marketing automation, AI-powered customer engagement, social media management, and related services. We offer three primary service tiers:

• Partner Program ($997/month): Custom platform access for partners to refer clients to our services
• Enterprise Solution ($2,997/month): Full custom instance with dedicated infrastructure for businesses
• Custom Solutions: Tailored packages for unique business requirements

4. Account Registration

4.1 Account Creation

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update this information to keep it accurate.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or security breach.

5. Payment Terms

5.1 Fees

You agree to pay all fees associated with your selected service tier. Fees are billed monthly in advance unless otherwise specified in your service agreement.

5.2 Payment Methods

We accept major credit cards, ACH transfers, and wire transfers. You authorize us to charge your payment method automatically on each billing cycle.

5.3 Late Payments

Late payments may result in service suspension. We reserve the right to charge interest on overdue balances at the rate of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is lower.

5.4 Refunds

We offer a 30-day money-back guarantee for new customers. After 30 days, all fees are non-refundable. Refunds are processed within 10 business days.

6. Service Terms

6.1 Service Availability

We strive to provide 99.9% uptime but do not guarantee uninterrupted access. We may perform scheduled maintenance with advance notice.

6.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice.

6.3 Usage Limits

Your service tier includes specific usage limits (AI conversations, social media posts, users, etc.). Exceeding limits may result in additional fees or service throttling.

7. Acceptable Use Policy

You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Transmit spam, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Use the Services for fraudulent or deceptive purposes
• Interfere with other users' access to the Services
• Reverse engineer or attempt to extract source code
• Resell or sublicense the Services without authorization

8. Intellectual Property Rights

8.1 Our Rights

All intellectual property rights in the Services, including software, designs, trademarks, and content, are owned by Motiv or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services.

8.2 Your Content

You retain ownership of content you upload to the Services. By uploading content, you grant us a worldwide, non-exclusive license to use, store, and process your content to provide the Services.

8.3 Custom Branding Rights

Enterprise clients receive limited custom branding rights to personalize the platform interface. These rights do not include source code access or the ability to remove "Powered by Motiv" attributions without prior written approval.

9. Data Protection and Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using the Services, you consent to our data practices as described in the Privacy Policy.

10. Confidentiality

Both parties agree to keep confidential any proprietary information disclosed during the course of the business relationship. This obligation survives termination of the agreement.

11. Warranties and Disclaimers

11.1 Limited Warranty

We warrant that the Services will perform substantially as described in our documentation under normal use.

11.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTIV SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Motiv and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of your use of the Services, violation of these Terms, or infringement of any third-party rights.

14. Term and Termination

14.1 Term

These Terms remain in effect as long as you use the Services.

14.2 Termination by You

You may terminate your account at any time through your account settings or by contacting us. Termination is effective at the end of your current billing period.

14.3 Termination by Us

We may suspend or terminate your access immediately if you violate these Terms, fail to pay fees, or engage in conduct that could harm us or other users.

14.4 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We will provide you with 30 days to export your data. After 30 days, we may delete your data.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

15.2 Arbitration

Any dispute arising out of these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court to protect intellectual property rights.

15.3 Class Action Waiver

You agree that disputes must be brought on an individual basis only, and not as part of a class action or representative proceeding.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Motiv.

16.2 Amendments

We may modify these Terms at any time. We will provide notice of material changes via email or through the Services. Continued use after changes constitutes acceptance.

16.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.4 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

17. Contact Information

For questions about these Terms, please contact us: