Terms and Conditions of Use

Last updated and effective as of: May 27th, 2021

Your privacy is very important to us. Before we get to the details, check out our Privacy Label to see a summary of our privacy practices. You can also read the full Privacy Policy below.

1. Warning and Notice

Motion is an open platform with unrestricted access to eligible parties. Neither Motion or the public and private employers, educational and other local public agencies and private business entities who facilitate, promote or host Motion services, have conducted background investigation or review of any kind or type. Including without limitation, driver’s license checks, insurance checks, criminal records checks, sex offender status, or otherwise. If you decide to participate, you assume all risks for using this platform and/or participating in the Motion Services.

2. Indemnification

As a voluntary user of the Motion Services, I agree that neither Motion, or the public and private employers, educational and other local public agencies and private business entities who facilitate, promote or host the Motion Services, nor any of their respective employees, members, agents and officers shall be liable or responsible in any way for any personal injury, loss or other harm to me or my property resulting from my participation in the Motion Services and I further agree to release, discharge, hold harmless, and forever acquit this website’s and smartphone application’s sponsors, Motion and the public and private employers, educational and other local public agencies and private business entities who facilitate, promote or host Motion services from any and all actions, causes of action, claims or any liabilities whatsoever, known or unknown, now existing or which may arise in the future, on account of or in any way related to or arising out of my participation in the programs.

3. Disclaimers

1. I acknowledge that participation in Motion Services is an individual decision and that I am responsible for my operation of the Site and the App. I understand that this website’s and smartphone application’s sponsoring agencies and private businesses shall have no responsibility or liability for any claims, expenses or damages resulting from any individual’s participation in the Site or the App.

2. In addition, I acknowledge that giving personal information, including addresses and contact information is a personal decision that may affect my personal security. I understand that giving such information to anyone, including individuals I may contact through services such as this, requires care and taking reasonable safeguards to assure my safety and the security of my personal information.

4. Registration

In order to gain access to certain Services, You may need to register as a user. Either You or the Company may terminate Your user registration at any time. Upon termination of Your registration as a “user”, You will no longer be allowed access such Services. You represent that all information You provide during the registration process and at any time thereafter (“Registration Information”) will be true, accurate, complete, and current and that You will promptly update Your Registration Information as necessary such that it is, at all times, true, accurate, complete, and current. The Company may use all Registration Information, subject to Company’s compliance with the Company Privacy Policy that can be found at https://www.himotion.co/privacy-policy (the Privacy Policy). These Terms and Conditions include terms and conditions set forth in the Privacy Policy. By indicating Your agreement to these Terms and Conditions, You are consenting to have Your personal information used by the Company as set forth in the Privacy Policy.

5. User name and Password

As part of the registration process, You may be asked to select a username and password. We may refuse to grant any username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is overly vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You are responsible for the confidentiality and use of Your username and password and agree not to transfer or resell Your use of or access to the Site to any third party. If You have reason to believe that Your account is no longer secure, You must promptly change Your password by updating Your account information and immediately notifying us by email. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT RESULT FROM USE OF YOUR USERNAME AND PASSWORD.

6. Age Restrictions

You represent and warrant that You are at least 18 years old. By using this Site, You represent and warrant that You have the right, authority and capacity to enter into these Terms and Conditions and to abide by these Terms and Conditions

7. Prohibited Conduct and Content

• You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

1. Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

2. Use or attempt to use another user’s account without authorization from that user and Motion;

3. Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;

4. Sell, resell or commercially use our Services;

5. Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;

6. Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;

7. Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

8. Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

9. Attempt to circumvent any content filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;

10. Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;

11. Develop or use any applications that interact with our Services without our prior written consent;

12. Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or

13. Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

• Enforcement of this Section 7 is solely at Motion' discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 7 does not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

8. GOVERNING LAW AND VENUE

• Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of The Netherlands, except to the extent preempted by the Dutch law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the Netherlands.

9. MODIFYING OR TERMINATION OUR SERVICES

• We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

Contact Motion

Motion welcomes your questions and comments about usage terms, conditions, security and privacy. Please send any communication via email to hello@himotion.co

The most recent versions of our Privacy Policy and Terms & Conditions are always available at https://www.himotion.co/privacy-policy and https://www.himotion.co/terms respectively.