Terms of Service

1. Acceptance of these Terms

These Terms of Service (the "Terms") form a binding agreement between you ("you", "Customer") and MotionOptima, Inc. ("MotionOptima", "we", "us"). By creating an account, clicking "I agree", or using motionoptima.com or any related service, app, or API (collectively, the "Service"), you accept these Terms. If you don't agree, do not use the Service.

If you accept on behalf of a business, you represent that you have authority to bind that business, and "you" means that business.

2. Eligibility

You must be at least 18 years old and able to enter a contract. The Service is intended for business use; consumer use is not supported. By signing up, you confirm that all information you provide is accurate, that you'll keep it accurate, and that your use will comply with all laws that apply to your business.

3. Your account

You are responsible for everything that happens under your account, including any actions taken by your team members, contractors, or agents. Keep your password secret, enable two-factor authentication, and notify us immediately at [email protected] if you suspect unauthorized access.

4. Acceptable use

Your use of the Service must comply with our Acceptable Use Policy, which is part of these Terms. In summary, you may not:

• Send unsolicited SMS, MMS, RCS, or email (spam) or violate the TCPA, CAN-SPAM, CASL, GDPR, or similar laws.
• Send messages to recipients who have opted out, or message restricted/regulated content categories without proper consent.
• Use the Service to harass, defraud, or impersonate any person or business.
• Reverse-engineer, copy, scrape, resell, or sublicense the Service or its content without our written consent.
• Interfere with the Service's security, integrity, or availability (including rate limiting and abuse-prevention systems).

5. Subscriptions, billing, and renewal

Paid plans are billed monthly or annually in advance through Stripe. Prices, lead caps, SMS limits, and chat limits for each plan are shown on the Pricing page and at checkout. Unless you cancel, your subscription renews automatically at the then-current rate for the same term length, and your payment method will be charged.

You can cancel at any time from your billing settings. Cancellation takes effect at the end of your current billing period; you keep access until then. We may change pricing for new terms with 30 days' notice via email or in-app banner.

6. Free trials

We may offer a free trial. Trials are limited to one per business and are subject to the feature caps shown at signup. We may end or modify trials at any time. If you don't cancel before the trial ends, you'll be billed for the plan you selected.

7. Refunds

Subscription fees, SMS credits, and other paid usage are also non-refundable except where required by law. See the full Refund Policy for details, edge cases, and how to dispute a charge.

8. Taxes

Prices do not include taxes. You're responsible for any sales, use, VAT, GST, or similar taxes that apply to your purchase, except for taxes based on our net income.

9. Customer data and content

"Customer Data" means anything you or your end users submit to the Service — leads, conversations, contacts, campaign assets, uploaded videos and images, and similar. You retain all rights in your Customer Data. You grant MotionOptima a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Customer Data solely as needed to provide the Service, prevent abuse, and improve the Service in aggregated, de-identified form.

You represent that you have all rights necessary in your Customer Data, including any consents required to message your contacts under the TCPA, CAN-SPAM, GDPR, and similar laws.

10. AI-generated output

The Service uses AI to draft replies, follow-ups, qualification scores, and creative suggestions. You are responsible for reviewing AI output before it is sent to recipients or used in advertising. AI output may be inaccurate or unsuitable for your purpose; do not rely on it for legal, medical, financial, or safety-critical decisions. You own the output that the Service generates from your inputs, subject to these Terms and any third-party AI provider terms.

11. Generated video and creative assets

When the Service generates a video, image, or other creative asset (a "Generated Asset") from your inputs, the Generated Asset is delivered to your account at the moment it becomes available to download. Once a Generated Asset is available to download, it is treated as delivered and accepted, and is non-refundable. You are responsible for obtaining any licenses, releases, or consents required for the underlying inputs (people, music, brand marks, etc.).

12. Intellectual property in the Service

MotionOptima and its licensors own all rights in the Service, including the website, software, models, trademarks, and documentation. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription, for your internal business purposes, in accordance with these Terms.

13. Third-party services

The Service integrates with third parties such as Google Ads, Meta, TikTok, Stripe, Twilio, and email providers. Your use of those services is governed by their own terms and privacy policies. We're not responsible for their availability or actions.

14. Suspension and termination

We may suspend or terminate your account if you breach these Terms, the Acceptable Use Policy, or applicable law; if your payment fails and isn't cured; if your usage poses a security or legal risk; or if a third-party platform requires it. We will give reasonable notice when practical. You can terminate at any time by closing your account; closure does not refund prepaid fees except as required by law.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE ANY SPECIFIC NUMBER OF LEADS, BOOKINGS, REVENUE, OR AD-PLATFORM OUTCOMES.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTIONOPTIMA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

17. Indemnification

You will defend, indemnify, and hold harmless MotionOptima, its affiliates, and its employees from any third-party claim arising from your Customer Data, your use of the Service, your messages or campaigns, or your breach of these Terms.

18. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in Delaware, and you consent to that jurisdiction. Either party may elect binding arbitration on an individual basis under the AAA Commercial Arbitration Rules; class actions and class arbitration are waived to the maximum extent permitted by law.

19. Changes to the Service or these Terms

We may update the Service and these Terms. If we make a material change, we'll let you know by email or in-app notice at least 30 days before it takes effect. Your continued use after the effective date means you accept the change. If you don't accept, you can cancel before the effective date.

20. Contact us

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