Terms of Service
Last Updated: April 19, 2026
Welcome to Motionik. These Terms of Service ("Terms") govern your access to and use of the Motionik desktop application, web application and related services (collectively, the "Service") operated by Motionik LLC, Gould St Ste N, Sheridan, WY 82801, USA ("we," "us," "our," or "Motionik").
By accessing, downloading, installing or using the Service or by creating an account, you agree to be bound by these Terms. If you disagree with any part of these Terms, do not access or use the Service.
1. Service Description
Motionik offers two parallel product tiers. Depending on which one you use, different sections of these Terms will apply to you.
1.1 Overview of tiers
Free Tier (local, desktop only). A free version of the desktop application (macOS and Windows) for recording, editing and exporting videos locally. Exports include a Motionik watermark. No account is required; no content is transmitted to our servers.
Lifetime Plan (local, desktop only). A one-time-purchase plan for the desktop application that removes the watermark and unlocks the features displayed on the pricing/checkout page at the time of purchase. The Lifetime Plan is validated via a license key, it does not require an account, does not include any cloud or collaboration features and all recordings and editing history remain on your device.
Cloud Subscription (desktop + web). An account-based, recurring subscription that adds cloud features to the desktop application and unlocks the web application. It includes uploads, cloud storage, sharing organizations, Workspaces, member management and collaboration features. It is billed monthly or annually, per seat for team plans.
1.2 Which sections apply to which tier
- All users (Free, Lifetime, Cloud): Sections 1, 2.1, 4 (to the extent content is created), 7.1–7.3 (general plan/payment info), 7.6 (Discontinuation), 8 (Pricing), 9 (Refunds), 11 (Acceptable Use), 13 (Privacy), 14 (Intellectual Property), 15 (Third-Party Services), 16 (Availability), 17 (Disclaimers), 18 (Limitation of Liability), 19 (Indemnification), 20 (Termination), 21 (Governing Law), 22 (Changes), 23 (General), 24 (Contact).
- Lifetime Plan users: additionally Section 7.5 (Lifetime Plan terms).
- Cloud Subscription users: additionally Sections 2.2–2.7 (Accounts), 3 (Organizations and Workspaces), 4.2–4.3 (cloud licensing), 5 (Sharing), 6 (Data Storage and Retention), 7.4 (Cloud Subscription billing), 10 (Cancellation), 12 (DMCA).
1.3 Relationship between tiers
- Using the Free Tier does not require an account.
- The Lifetime Plan does not require an account; it uses a license key.
- If a Lifetime Plan holder also creates a Cloud Subscription account to use the web application or cloud features, both sets of terms apply to the respective use: the Lifetime Plan terms to the desktop/license-key portion and the Cloud Subscription terms to the cloud portion. A Cloud Subscription is separate from a Lifetime Plan and does not replace or modify the Lifetime Plan.
- We may, at our discretion, offer Lifetime Plan holders access to some cloud features under specific terms; any such access will be described in the offer and governed by these Terms.
Free and paid tier limits (including storage, video length, Workspace counts and seat counts) are described on our pricing page and may change from time to time.
2. Eligibility and User Accounts
2.1. Eligibility. You must be at least 13 years old to use the Service. If you are under the age of majority in your jurisdiction, you may only use the Service with the involvement of a parent or legal guardian. The Service is not directed to children under 13 and we do not knowingly collect personal information from children under 13.
2.2. When an account is required. The Free Tier and the Lifetime Plan do not require an account. A Cloud Subscription requires an account. Sections 2.3–2.6 apply to accounts created for the Cloud Subscription.
2.3. Account information. When you create an account, you must provide accurate, current and complete information and keep it updated.
2.4. Credentials. 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 use or security breach.
2.5. No sharing. You may not share your account credentials, let others use your account or transfer your account to another person without our written consent. Each individual user requires their own account.
2.6. Suspension and termination. We reserve the right to suspend, restrict or terminate your account if:
(a) information you provided is inaccurate or incomplete;
(b) you violate these Terms;
(c) you fail to pay applicable fees;
(d) your account is inactive for an extended period or
(e) we are required to do so by law.
2.7. Deletion. You may delete your account at any time by contacting us. Upon account deletion, your content and data will be handled as described in Section 6 and in our Privacy Policy. Deleting a Cloud Subscription account does not affect a separately purchased Lifetime Plan license.
3. Organizations, Workspaces and Members
This Section applies only to Cloud Subscription users. It does not apply to the Free Tier or the Lifetime Plan.
3.1 Definitions
- An Organization is the top level entity that owns a Cloud Subscription account. Organizations have members, subscriptions, billing and seat based licensing. When you sign up for a Cloud Subscription, an Organization is created for you.
- A Workspace is a logical grouping of content (recordings and related metadata) inside an Organization. Each Organization may contain multiple Workspaces. Workspaces provide organization and access control for content; they do not affect billing or seat counts.
- A Seat corresponds to an active member of an Organization. Seat counts are based on the number of members in the Organization at a given time.
3.2 Organization ownership
3.2.1. When you create an Organization, you become its Owner. The Owner is responsible for the Organization's subscription, billing and administration and is the contracting party with Motionik for that Organization.
3.2.2. Owners may designate admins and may transfer ownership of an Organization, subject to our policies and any technical controls we provide.
3.3 Organization members and seats
3.3.1. Invitations and roles. Owners and admins may invite other users to join an Organization as admins or members and may assign, change or revoke roles subject to the permissions of their role.
3.3.2. Seat based billing. Paid Cloud Subscription plans are billed based on the number of members in the Organization. Adding a member adds a seat; removing a member reduces the seat count. Billing adjustments for seat changes are handled according to Section 7 (including prorated charges on adds and prorated credits on removals, where applicable).
3.3.3. Member visibility and admin access. If you join an Organization, you understand that:
- Your name, email, profile information and activity within the Organization may be visible to the Owner, admins and (depending on Workspace access) other members.
- The Organization Owner and admins may access, move, edit, restrict or delete any content within the Organization, including content in Workspaces you belong to and in Workspaces you do not belong to.
- Content stored within the Organization is not private from the Owner and admins of the Organization.
- If you leave or are removed from the Organization, content you created within the Organization may remain with the Organization.
3.3.4. Enterprise claiming. If you registered your account using an email address belonging to a company or other entity and that entity later establishes an Organization associated with that email domain, we may, at our discretion and subject to applicable law, allow the entity to claim administrative control over the portion of your account associated with its Organization. We will notify you before any such transfer where reasonably possible.
3.4 Workspaces
3.4.1. Purpose. Workspaces are logical content groupings inside an Organization. They help members organize content and limit visibility between teams, projects or use cases.
3.4.2. Creating and managing Workspaces. Organization members (subject to their role) may create, rename and delete Workspaces at any time. Creating or deleting Workspaces does not affect billing, the subscription plan or the number of seats.
3.4.3. Workspace limits. To prevent abuse and preserve Service performance, we may impose limits on the number of Workspaces per Organization. Current limits are described on our pricing page or in-product and we may change them from time to time with reasonable notice.
3.4.4. Workspace access.
- Members added to a Workspace can access the content in that Workspace according to their role.
- Members not added to a given Workspace cannot see content in that Workspace, except that the Organization Owner and admins can access all Workspaces regardless of Workspace-level membership.
- Adding or removing a user from a Workspace changes only that user's access to that Workspace. It does not add or remove them from the Organization and does not change the seat count or billing.
3.4.5. Workspace deletion. When a Workspace is deleted, content within it may be permanently removed after a grace period. The Organization's subscription and seats are unaffected by Workspace deletions. Owners and admins are responsible for exporting or moving content they wish to retain before deletion.
3.5 Organization termination
If an Organization is deleted or if its Cloud Subscription is canceled and an applicable grace period passes, content stored within that Organization (across all its Workspaces) may be deleted in accordance with Section 6. Owners are responsible for exporting content before deletion.
3.6 Content ownership within Organizations
Content created by a member within an Organization remains subject to the license grants in Section 4 and may be retained by the Organization in accordance with Section 6, even after the member leaves.
4. User Content
4.1. Ownership. You retain all ownership rights to the content you record, create, upload, edit or export using the Service ("User Content").
4.2. License to Motionik. To operate the Service, we need permission to handle your User Content. You grant Motionik a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers) license to host, store, reproduce, cache, modify (only for format conversion, transcoding, thumbnail generation and similar technical purposes), transmit and display your User Content, solely for the purpose of providing, maintaining, securing and improving the Service and as directed by your sharing and privacy settings. This license ends when you delete your User Content, except to the extent that:
(a) we are legally required to retain it;
(b) it has been shared with others who have copies or
(c) it remains in routine backups for a limited period.
4.3. License to other users. When you share User Content (for example, via a public link or with members of your Organization or a Workspace), you grant those users the right to access, view and stream the content according to the sharing settings you choose.
4.4. Your representations. By uploading, sharing or making User Content available through the Service, you represent and warrant that:
- You own the User Content or have the necessary rights, licenses, consents and permissions to use it and to grant the licenses in this Section.
- Your User Content does not violate any applicable law or the rights of any third party, including copyright, trademark, trade secret, privacy, publicity or other personal or proprietary rights.
- You have obtained any necessary consents from individuals appearing or identifiable in your User Content, including consent to record and, where applicable, to share publicly.
- Your User Content does not contain malware, illegal content or content prohibited by Section 8 (Acceptable Use).
4.5. No obligation to monitor. We do not pre-screen User Content and are not obligated to do so. However, we reserve the right (but not the obligation) to review, remove, restrict or disable access to User Content that we believe, in our sole discretion, violates these Terms, our policies or applicable law.
4.6. Responsibility. We take no responsibility and assume no liability for User Content that you or any third party posts, uploads or transmits using the Service.
5. Sharing and Public Content
5.1. Sharing options. The Service allows you to share User Content via:
(a) public links accessible to anyone with the URL;
(b) access limited to members of your Organization or a specific Workspace within it or
(c) other sharing controls we may offer from time to time.
5.2. Public links. Public share links are accessible to anyone who has the URL. Treat "unlisted" or link-based sharing as "anyone with the link," not as private. Links may be discovered, forwarded, indexed by search engines (unless you disable this where supported) or cached by third parties.
5.3. User responsibility for shared content. You are solely responsible for what you choose to share and with whom. You should not share content that contains sensitive personal information, confidential business information or content for which you do not have permission to share.
5.4. Removal of shared content. We may disable, remove or restrict sharing of User Content that we reasonably believe violates these Terms, our policies or applicable law or in response to valid legal requests.
5.5. Viewer data. When a shared link is accessed, we may collect technical information about viewers (such as IP address, general location, device and viewing activity) to provide analytics to the uploader and to operate and secure the Service. This collection is described in our Privacy Policy.
6. Data Storage, Retention and Deletion
Sections 6.2–6.7 apply only to Cloud Subscription users. The Lifetime Plan and Free Tier store all data locally on the user's device and are covered by Section 6.1.
6.1. Local recordings. Recordings created with the desktop application (including under the Free Tier and the Lifetime Plan) are stored locally on your device and are not transmitted to our servers. If you also use a Cloud Subscription and choose to upload a recording, Sections 6.2–6.7 apply to that uploaded copy.
6.2. Cloud storage. Recordings that you upload or create through the web application are stored on our cloud infrastructure and related databases. Metadata (such as titles, descriptions, share settings and analytics) is stored in our production database.
6.3. Retention. We retain your User Content for as long as your account and the associated Organization remain active or until you delete the content. Certain records (billing, logs, legally required data) may be retained longer as described in our Privacy Policy.
6.4. Account organization or Workspace deletion. When you delete your account, when an Organization is deleted or when a Workspace is deleted, we will delete the affected User Content and associated personal data after a grace period (typically 30 days), except where retention is legally required. Residual copies may remain in routine backups for a limited period before being overwritten. Note that deleting a single Workspace affects only content within that Workspace; the Organization and its other content are unaffected.
6.5. Plan downgrades and storage limits. If you downgrade to a lower tier or free plan and your stored content exceeds the new plan's limits, we may notify you and give you the opportunity to upgrade, delete content or export content. If you do not act within the grace period we specify, we may restrict access to content exceeding the limit and after a further grace period, delete excess content. You are responsible for retaining your own copies of important recordings.
6.6. Export. While your account is active, you may download or export your User Content from the Service.
6.7. No guaranteed backup. While we perform routine backups for operational and disaster recovery purposes, we do not guarantee that any User Content can be recovered if lost, deleted or corrupted. You are responsible for maintaining your own copies of any User Content you consider important.
7. Subscription, Payments and Plans
7.1 Plans offered
We offer the following paid plans:
- Lifetime Plan (local, desktop only): a one-time purchase that unlocks desktop features via a license key, with no account required and no cloud features.
- Cloud Subscription (desktop + web): a recurring subscription that includes cloud uploads, sharing organizations, Workspaces and team features.
Both plans may be offered simultaneously, but they are separate products. We may discontinue either plan at our discretion (see Section 7.6).
7.2 Payment processor
Payments for both the Lifetime Plan and the Cloud Subscription are processed by our payment provider, Lemon Squeezy. By purchasing a plan, you agree to Lemon Squeezy's terms and privacy policy in addition to these Terms.
7.3 Billing generally
Fees are exclusive of taxes, levies or duties, which are your responsibility, except where the payment provider handles tax collection on our behalf.
7.4 Cloud Subscription terms
This Section 7.4 applies only to Cloud Subscriptions.
7.4.1. Billing cycle. Cloud Subscriptions are billed in advance on the billing cycle you select (monthly or annual).
7.4.2. Auto-renewal. Cloud Subscriptions automatically renew at the end of each billing cycle unless you cancel at least 24 hours before the end of the current period.
7.4.3. Plan upgrades and downgrades. If you upgrade or downgrade your Cloud Subscription mid-cycle, the remaining balance is prorated. Upgrades are charged a prorated amount for the remainder of the current billing period. Downgrades apply a prorated credit toward your next invoice. Proration is calculated by our payment provider (Lemon Squeezy).
7.4.4. Seat-based billing and proration. Cloud Subscription plans are billed based on the number of members in your Organization. The Owner is responsible for all such fees.
- Adding a member mid-cycle: incurs a prorated charge for the new seat, covering the remainder of the current billing period.
- Removing a member mid-cycle: generates a prorated credit for the unused portion of the seat, applied toward the Owner's next invoice.
- Mid-cycle seat removals do not generally result in cash refunds; credits are applied to the next invoice, except where required by law or at our discretion.
- Creating, renaming or deleting Workspaces does not affect seat count or billing, as Workspaces are logical content groupings inside the Organization (see Section 3.4).
- Proration is calculated by our payment provider (Lemon Squeezy).
7.4.5. Price changes. Price changes for Cloud Subscriptions will be communicated in advance. Continued use of the Service after a price change takes effect constitutes acceptance of the new price.
7.5 Lifetime Plan terms
This Section 7.5 applies only to Lifetime Plan purchases.
7.5.1. One-time payment. The Lifetime Plan is a one-time payment that grants perpetual access to the desktop application features, usage limits and functionality explicitly displayed on the pricing or checkout page at the time of purchase.
7.5.2. License key. The Lifetime Plan is validated via a license key. No account is required. License keys are issued by Lemon Squeezy. No personal data or content is transmitted to Motionik's servers as part of normal use of the Lifetime Plan.
7.5.3. Scope. The Lifetime Plan covers the desktop application only. It does not include cloud uploads, web application access, sharing organizations, Workspaces, team features or any other cloud-based functionality. These are available only via a Cloud Subscription.
7.5.4. New features. Lifetime Plan holders receive feature updates to the desktop application as we release them, subject to the scope in Section 7.5.3. However, we may introduce new features or products (including cloud features and new subscription-only offerings) that are not included in the Lifetime Plan. Lifetime Plan holders are not automatically entitled to such new features.
7.5.5. Using a Lifetime Plan with a Cloud Subscription. If you hold a Lifetime Plan and also subscribe to a Cloud Subscription, the two are treated as separate purchases governed by their respective terms. Cancelling a Cloud Subscription does not affect your Lifetime Plan and vice versa. We may, at our discretion, offer promotional bundles or credits linking the two; any such offers will be described at the time they are made.
7.6 Discontinuation of a plan type
We may, at our sole discretion, discontinue offering the Lifetime Plan, the Cloud Subscription or any particular plan tier at any time.
- If we stop offering new Lifetime Plan purchases, existing Lifetime Plan holders retain their license to the features in effect at the time of their purchase, subject to Section 7.5.
- If we stop offering new Cloud Subscriptions or a specific Cloud Subscription tier, existing subscribers will be notified and, where reasonable, given options to transition or receive a refund/credit for the unused portion.
- Discontinuing a plan does not obligate us to provide refunds, credits or access to replacement features to users of the discontinued plan, except as expressly stated at the time of discontinuation or as required by law.
8. Pricing and Promotions
We reserve the right to change prices or introduce limited-time promotions (for example, Black Friday, Cyber Week or flash sales) at any time. Promotional pricing applies only to new subscriptions or renewals purchased during the exact promotional window displayed on the offer. Purchases made before or after a promotion are not eligible for automatic price matching, refunds or credits for any price difference, except at our sole discretion.
9. Refund Policy
Please see our Refund Policy for details.
10. Cancellation
This Section applies to Cloud Subscriptions. The Lifetime Plan is a one-time purchase and is not subject to recurring cancellation; see our Refund Policy for refund eligibility on Lifetime purchases.
10.1. You may cancel your Cloud Subscription at any time from your account settings or via Lemon Squeezy.
10.2. Upon cancellation, you will continue to have access to paid Cloud features until the end of your current billing period. After that, your account will revert to the free tier of Cloud features (subject to free tier limits, which may affect access to stored content, see Section 6.5).
10.3. No partial refunds will be issued for unused portions of your billing period unless otherwise required by law.
10.4. Cancelling a Cloud Subscription does not affect any separately-purchased Lifetime Plan license.
10.5. For questions about subscriptions, cancellation or fees, please contact us at [email protected].
11. Acceptable Use and Fair Use
You agree not to use the Service:
- In any way that violates applicable law or regulation.
- To record, upload, transmit, store or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit involving minors or otherwise objectionable.
- To record individuals without their consent where such consent is required by law.
- To capture or share confidential, sensitive or proprietary information belonging to third parties without authorization.
- To upload or distribute malware, viruses or other malicious code.
- To impersonate or attempt to impersonate another person or entity.
- To engage in spam, phishing, scams or other deceptive practices using shared content or links.
- To infringe any intellectual property right, privacy right or publicity right.
- To post doxxing, non-consensual intimate imagery or content that incites violence or hatred.
- To interfere with, disrupt or place undue load on the Service or its infrastructure.
- To attempt to reverse-engineer, decompile or extract the source code of the Service, except as permitted by applicable law.
- To scrape, crawl or bulk-download content from the Service.
- To circumvent usage limits, storage quotas, seat limits, watermarks, licensing checks or access restrictions.
- To use the Service to build a competing product or service.
- To resell, sublicense or redistribute the Service without our written consent.
We reserve the right to investigate and take appropriate action, including removing content, suspending or terminating accounts and reporting to law enforcement, for any violation of this Section.
Storage Limits
Each plan includes a storage allocation as described on our pricing page. Storage is measured as the total size of all uploaded video files associated with your account, including thumbnails and processing artifacts.
If your account exceeds its storage allocation, you will be unable to upload new content until you either delete existing content or upgrade your plan. Existing content remains accessible.
Bandwidth and Viewing Fair Use
We do not impose hard bandwidth limits on account activity. However, if we determine in our reasonable discretion that an account's usage is abusive, disruptive to the service or materially inconsistent with the intended use of the platform, we may:
(a) Contact the account holder to discuss usage and recommend an appropriate plan;
(b) Apply temporary rate limits to specific share links or the account;
(c) Disable share links generating abnormal traffic;
(d) Suspend or terminate the account.
We will provide reasonable notice before any account-level action under (d), except in cases of suspected malicious activity, abuse or violation of the Prohibited Uses section, where we may act immediately.
Account-Level Abuse Protections
To protect service availability for all customers, we apply the following automatic protections that may, in rare cases, affect legitimate use:
- Per-share-link request rate limiting to prevent denial-of-service against individual share URLs;
- Per-account upload rate limiting;
- Geographic or IP-based blocking in response to abuse patterns.
If a legitimate use case is affected, please contact support and we will review and adjust as appropriate.
Inactive Accounts and Data Retention
If your paid subscription lapses (whether by cancellation, payment failure or non-renewal), your account enters a grace period of 30 days during which content remains accessible and you may reactivate your subscription.
After upto 60 days from the original lapse date, uploaded content may be permanently deleted.
This policy exists to ensure we can sustainably operate the service. If you need an extended retention period, please contact support before your content is deleted.
Enforcement and Discretion
We reserve the right to investigate suspected violations of this section and to take action including content removal, share link disabling, account suspension or account termination. Where possible we will engage with you to resolve issues before taking enforcement action.
We do not provide refunds for account terminations resulting from violation of these terms, but will provide a reasonable export window for legitimate users whose accounts are affected by enforcement action they dispute.
12. Copyright and DMCA Policy
12.1. We respect intellectual property rights and expect our users to do the same.
12.2. Notices of infringement. If you believe that content on the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act ("DMCA") to our designated agent:
- DMCA Agent: Motionik LLC
- Email: [email protected]
Your notice must include the information required under 17 U.S.C. § 512(c)(3), including: identification of the copyrighted work; identification of the infringing material and its location; your contact information; a statement of good-faith belief; a statement, under penalty of perjury, that the information is accurate and that you are authorized to act and your physical or electronic signature.
12.3. Counter-notices. If you believe content you posted was removed in error, you may submit a counter-notice containing the information required under 17 U.S.C. § 512(g)(3).
12.4. Repeat infringers. We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.
13. Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated by reference into these Terms.
14. Intellectual Property
14.1. The Service and its original content (excluding User Content), features and functionality are and will remain the exclusive property of Motionik LLC and its licensors and are protected by copyright, trademark and other laws.
14.2. Our name, logo, trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
14.3. Feedback. If you submit feedback, suggestions or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation to you.
15. Third-Party Services
15.1. The Service integrates with or links to third-party services, including but not limited to Lemon Squeezy (payments), Cloudflare (storage, CDN, infrastructure), AWS(Storage, email), Supabase (database, authentication), PostHog (analytics), Google Analytics (web analytics), Microsoft Clarity(web analytics), Resend (email) and Featurebase (feedback). Your use of third-party services may be subject to their own terms and privacy policies.
15.2. We have no control over and assume no responsibility for, the content, privacy policies or practices of any third-party services.
16. Service Availability and Modifications
16.1. We strive to keep the Service available but do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, updates, infrastructure issues or events outside our control.
16.2. We may modify, suspend, add or discontinue features, functionality or parts of the Service at any time. We will use commercially reasonable efforts to provide advance notice of material adverse changes where practicable.
16.3. We may release beta or experimental features that may not work as expected. Use of such features is at your own risk.
17. Disclaimers
17.1. The service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory or otherwise. To the maximum extent permitted by law, Motionik disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
17.2. Motionik makes no warranty that:
(a) the Service will meet your requirements;
(b) the Service will be uninterrupted, timely, secure or error-free;
(c) results obtained from the Service will be accurate or reliable;
(d) User Content will not be lost, corrupted or altered or
(e) defects in the Service will be corrected.
17.3. You use the Service at your own risk.
18. Limitation of Liability
18.1. To the maximum extent permitted by law, Motionik and its affiliates or licensors will not be liable for any indirect, incidental, special, consequential or punitive damages. This includes losses such as lost profits, revenue, data, use or goodwill, arising out of or related to your use of or inability to use, the Service.
This limitation applies regardless of the legal theory involved (such as contract, tort, negligence or otherwise), even if Motionik has been advised that such damages could occur.
18.2. To the maximum extent permitted by law, Motionik’s total liability arising out of or related to these terms or the service will not exceed the greater of
(a) the amount you paid us in the twelve (12) months preceding the event giving rise to the claim or
(b) one hundred U.S. dollars ($100).
18.3. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
19. Indemnification
You agree to indemnify, defend and hold harmless Motionik LLC, its affiliates, officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of or related to:
(a) your User Content;
(b) your use or misuse of the Service;
(c) your violation of these Terms;
(d) your violation of any applicable law or the rights of any third party or
(e) your failure to obtain necessary consents from individuals appearing in your recordings.
20. Termination
20.1. We may suspend or terminate your access to the Service at any time, with or without notice, for any breach of these Terms, for suspected fraud or abuse, for non-payment or as required by law.
20.2. You may stop using the Service and delete your account at any time.
20.3. Upon termination, your right to use the Service ends immediately. Sections of these Terms that by their nature should survive termination (including Sections 4, 14, 17, 18, 19, 20, 21, 22 and 23) will survive.
21. Governing Law and Dispute Resolution
21.1. Governing law. These Terms are governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of laws principles.
21.2. Informal resolution. Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute within 60 days of receiving your notice.
21.4. Class action waiver. To the fullest extent permitted by law, you and Motionik agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
22. Changes to These Terms
22.1. We may modify these Terms from time to time. When we do, we will update the "Last Updated" date at the top of this document.
22.2. Material changes may notified to you by email (to the address associated with your account) or through a prominent notice on the Service, before they take effect.
22.3. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.
23. General
23.1. Entire agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Motionik regarding the Service.
23.2. Severability. If any provision of these Terms is held unenforceable or invalid, the remaining provisions will continue in full force and effect.
23.3. No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
23.4. Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition or sale of assets.
23.5. Force majeure. We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemics or failures of telecommunications or infrastructure providers.
23.6. Notices. We may provide notices to you by email, through the Service or by posting on our website. You may send notices to us at [email protected].
24. Contact Us
If you have questions about these Terms, please contact us:
- Email: [email protected]
- Legal / DMCA: [email protected]
- Website: https://motionik.com
By using Motionik, you acknowledge that you have read, understood and agree to be bound by these Terms of Service.