Terms and Conditions of Use
Last updated and effective as of: Jan 31th, 2024
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.
Services Fees and Charges
User agrees to pay the fees for the Services in accordance with the applicable fee schedules listed at https://himotion.co/pricing, and User authorizes Motion to debit User’s designated bank account or credit card, as specified by User through the Platform, for all fees as they become payable. Unless otherwise stated in the applicable Service Terms, fees for the Services are typically based on the calendar months or year in which User is enrolled in any Services (so, for example, if User is enrolled in a Service Plan for a given calendar month, User would be charged for such month even if User does not launch a program), and such fees are applied in full for a given calendar month or year, regardless of whether User is only enrolled in the Services for a portion of such month. Fees for the use of rewards or rewards redeemed by end users (app users), will be billed to User and debited from User’s Bank Account or credit card on a monthly calendar basis, in arrears, based on the usage given. Notwithstanding the foregoing, Motion may invoice User for any applicable, outstanding fees, and User shall pay such invoice within fifteen (14) days of receipt thereof via money transfer, ACH, credit card, or any other payment method Motion may deem acceptable in its sole discretion. All fees are non-refundable. User agrees to reimburse Motion for any sales, use, and similar taxes arising from the provision of the Services that any federal, state, or local governments may impose. Motion may charge additional fees for exceptions processing, setup, and other special services (including optional add-on services).
Motion reserves the right to change the fees for its Services from time to time. User will be notified of any change to existing fees at least thirty (30) days before the fee change goes into effect. If a fee increase or change to this Agreement is not acceptable to User, User may cancel the Services as provided herein prior to the time when such fee increase or change to this Agreement takes effect. User’s continued use of the Services beyond the cancellation window constitutes User’s agreement to those changes. If Motion is unable to collect fees due because of insufficient funds in User’s Bank Account or for any other reason, User must pay the amount due immediately upon demand, plus any applicable exceptions processing fees, bank fees, or charges for return items, plus interest at the lesser of 18% per annum or the maximum rate permitted by law, plus attorneys’ fees and other costs of collection as permitted by law.
Switching Service Plans
Motion currently offers several Service Plans with varying features and fee schedules. Before User may begin to use the Services, User will be asked to select a Service Plan from those detailed at https://himotion.co/pricing. User may request to change User’s Service Plan via the Platform.
If User chooses to upgrade from User’s current Service Plan (the “Current Plan”) to a more expensive Service Plan (the “New Upgrade Plan”), then such upgrade will promptly go into effect, and User will begin receiving access to the features and Services available under the New Upgrade Plan at the time of such upgrade. The fee schedule for the New Upgrade Plan will be applied to User’s Service Plan charge for the calendar month in which User upgraded and for each calendar month thereafter for so long as User is subscribed to the New Upgrade Plan.
If User chooses to downgrade from User’s Current Plan to a less expensive Service Plan (the “New Downgrade Plan”), then the downgrade will not go into effect until the beginning of the calendar month following the calendar month in which User elected to downgrade (the “Downgrade Election Month”). User will still receive access to the features and Services available with User’s Current Plan until the end of the Downgrade Election Month. After the Downgrade Election Month, User will lose access to some of the features and Services available with User’s Current Plan and will only have access to the features and Services available under User’s New Downgrade Plan. The fee schedule for User’s Current Plan will be applied to User’s Service Plan charge for the Downgrade Election Month, and the fee schedule for the New Downgrade Plan will be applied to User’s Service Plan charge for the calendar month following the Downgrade Election Month and for each calendar month thereafter for so long as User is subscribed to the New Downgrade Plan.
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.
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.
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.
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.
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
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:
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from that user and Motion;
Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
Sell, resell or commercially use our Services;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
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;
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;
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;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
Develop or use any applications that interact with our Services without our prior written consent;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or
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 9 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 9 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.
TERM AND TERMINATION
Commitment Term for accessing and using the Services under this Agreement shall commence when you create an account with us and will continue until they are terminated by either party. User may terminate the Services and this Agreement through User’s Account. Motion may terminate the Services and this Agreement by giving User at least thirty (30) days’ prior written notice. In addition to Motion's foregoing termination right, Motion may immediately suspend or restrict User’s Account; suspend or restrict User’s access to the Platform or any Services; block User’s ability to use any particular feature of a Service; or immediately terminate the Services and this Agreement, in each case with or without notice to User, in the event that: (i) Motion has any reason to suspect or believe that User may be in violation of this Agreement; (ii) Motion determines that User’s actions are likely to cause legal liability for or material negative impact to Motion; (iii) Motion believes that User has misrepresented any data or information or that User has engaged in fraudulent or deceptive practices or illegal activities; (iv) Motion has determined that User is behind in payment of fees for the Services and User has not cured such non-payment within five (5) days of Motion providing User with notice of the non-payment. Furthermore, while Motion strives to support a multitude of business and organization types, in certain unique situations, if Motion cannot support the mobility-related services for User’s business or organization type, Motion may immediately terminate the Services and this Agreement upon written notice to User.
The termination of any of the Services or this Agreement will not affect User’s or Motion’s rights with respect to transactions which occurred before termination. Motion will have no liability for any costs, losses, damages, penalties, fines, expenses, or liabilities arising out of or related to Motion’s termination of this Agreement. Sections 2 (to the extent that there are any unpaid fees for services rendered as of the time of termination of this Agreement), 3, 6 through 10 of this Agreement, and any sections of the Service Terms which by their nature should survive, will survive and remain in effect even if this Agreement is terminated, cancelled, or rescinded.
Upon termination of any of the Service(s) and/or termination of this Agreement, User’s right to access and use such terminated Services(s) will automatically terminate; provided, however, that Motion will generally continue to provide User with the ability to access User’s Account in a limited capacity with respect to such terminated Service(s) to view and download information that was available in User’s Account at the time of termination of such Service(s) (the “Limited Access Rights”). While User has Limited Access Rights, User must use reasonable efforts to adequately secure, and keep confidential, any passwords or credentials for User’s Account, and any information accessible via User’s Account. Motion may deny the Limited Access Rights to User, or Motion may revoke the Limited Access Rights at any time, in its sole discretion, if it has any reason to believe that User may have at any time breached Section 9 of this Agreement.
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.
Motion welcomes your questions and comments about usage terms, conditions, security and privacy. Please send any communication via email to firstname.lastname@example.org