Terms & Conditions

PLEASE READ THE FULL TERMS CAREFULLY BEFORE USING THE MOTIVO SERVICES AS THEY ARE A LEGAL DOCUMENT WHICH GOVERNS YOUR RIGHTS AND RESPONSIBILITIES.

YOU WILL NOT BE ABLE TO ACCESS OR USE THE SERVICES BEFORE YOU HAVE AGREED TO THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE – DO NOT REGISTER TO ACCESS OR USE THE SERVICES

These terms and conditions ("Terms"), together with the terms set forth in the privacy policy ("Privacy Policy") which can be found at www.motivo.cc/privacy apply to the Contract for the use of all services ("Services") rendered by Motivo Limited its subsidiaries, affiliates, representatives, officers, employees, agents and partners (“Motivo” “Our” “We” or “Us”), via the website www.motivo.cc ("Site"), all associated sites, distribution channels and via the necessary mobile application software ("Mobile Applications") used in connection with the Services to the Users ("User", "you" or “your”) of the Services.

These Terms may be revised from time to time and the applicable up to date version of the Terms can be found on the Site (www.motivo.cc/terms). The Terms were most recently updated on the 30th of October, 2013


1. INFORMATION ABOUT US AND BASIS OF CONTRACT

1.1 the contract (“Contract”) between us, to which these Terms apply will be formed upon the earlier of:
(a) Our acceptance of the information that you supply to us in order to register onto our Site; or
(b) the download and use of the Mobile Application onto your Device.

1.2 If you do not accept these Terms you must not use any of the Services and delete the Mobile Applications from your Device (as herein defined).

1.2 We operate the website www.motivo.cc. We are Motivo Limited a company registered in England and Wales under Company Number: 08200570 and with our registered office at 2 North View Terrace, Stocksfield, Northumberland, United Kingdom, NE43 7JN. Our VAT number is 144976477.

1.3 To contact Us, please see our Help & Support page


2. MOTIVO SERVICES

2.1 Motivo offers services that help you to make your training experience more structured and beneficial, through the delivery of training plans, guided workouts and the presentation of real-time user data. Services are rendered to and accessed by you via the internet or other data transmission facilities or carriers by use of an applicable device (including but not limited to desktop PC’s, laptops, mobile phones and tablet computers) ("Device") of your own choice. Your carrier's normal rates and fees apply. The latest Device compatibility information can be found in our Help & Support page.

2.2 The Services are intended solely for Users who are thirteen (13) years of age or older. If you are under 13 years of age, please do not attempt to use Our Services.

2.3 If you are over 13 years of age but under 18 years of age:
(a) you must review the Terms with your parent(s) or legal guardian(s) to ensure that both you and your parent(s) or legal guardian(s) understand and consent to the Terms; and
(b) the parent or legal guardian who accepts the Terms for the benefit of a child, agrees and accepts full responsibility for his or her child's use of the Services, including all financial child’s use of the Services, including all financial charges and legal liability that such child may incur.


3. PRIVACY POLICY

Motivo's Privacy Policy which can be found at (www.motivo.cc/privacy) is incorporated into these Terms.


4. WARRANTY AND LIMITATION OF LIABILITY

4.1 Subject to the provisions of this clause 4.2, Motivo warrants that the Services will be provided using reasonable care and skill.

4.2 Motivo does not warrant that the use of the Services and the delivery of the Services will be uninterrupted, without delay or error-free and you understand and acknowledge that Service availability will affected by factors outside of the control of Motivo including but not limited to network availability and the functionality and receptiveness of your Device.

4.3 Nothing in these Terms shall limit or exclude Motivo’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

4.4 Subject to clause 4.3:
(a) Motivo shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
(i) loss of profit; or
(ii) any indirect or consequential loss,
arising under or in connection with the supply of Services; and
(b) Motivo's total liability to you in respect of all other losses arising under or in connection with the supply of the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the lower of £100 or the amount of the subscription fees paid by you for the provision of the Services (if any) in the previous 12 months.

4.5 All terms and conditions implied by law including but not limited to sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract between us.

4.6 We only support the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of business, business interruption, or loss of business opportunity.

4.7 Motivo is not liable for any communication between Us and you and you bear the responsibility and cost of your choice of data transmission facilities. However, your carriers’ normal rates and fees apply.

4.8 Motivo's Services include features that promote physical activity. However, you understand and agree that Motivo does not provide medical advice through the Services. You need to consider the risks involved and may need to consult with a medical professional before engaging in any physical activity. Motivo is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the Services including but not limited to any delay or negligence in seeking medical advice from your medical professional.

4.9 Motivo is not liable for the content of any third party website, including those that you may be able to access via the Site or the Mobile Application and any partner website using Motivo’s name and logos as part of a co-branding agreement.

4.10 Motivo excludes all liability for any liabilities, costs, losses or damages incurred by you as a result of any User Generated Content, Contributions or other activities of Users of the Services. You acknowledge and understand that Motivo does not monitor or pre-screen User Generated Content prior to posting.

4.11 This clause 4 shall survive termination of the Contract.


5. PERSONAL SAFETY NOTICE

5.1 You understand and agree that all your athletic and / or recreational activities using the Services may have inherent, implicit and / or expressed risks of bodily injury or death and / or property damage.

5.2 You understand and agree that you voluntarily and of your own free will assume all known and unknown risks associated with such athletic or recreational activities [even if such risks may be claimed to be caused in whole or part by the acts or omissions (including negligence) of Motivo.]

5.3 You understand and agree that Motivo will not carry out and is not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to the Services, including but not limited to featured, official or User created challenges, routes, friendly competitions or similar, any single or group training activities or any event that utilises Motivo's Services.

5.4 Irrespective of any information or content related to the Services, Motivo advises you to always put safety first, follow applicable traffic regulations, do not change settings on your Device and / or the Mobile Applications while in motion or in unsafe areas and always exercise caution when exercising.

5.5 You understand and agree that you download or otherwise obtain the Services at your own risk, and subject to the provisions of clause 4, will be solely responsible for your use and any damage to your mobile Device, computer system or other device by which you access the Services, loss of data or other harm of any kind that may occur as a result thereof.


6. AMATEUR ATHLETE ELIGIBILITY.

Motivo assumes no responsibility or liability for your use of the Services resulting in your ineligibility as an amateur athlete. Check with your amateur athletic association for the rules that apply to you.


7. INDEMNITY

You agree to indemnify, defend, and hold harmless Motivo from and against all claims, losses, liabilities, expenses, damages and costs, (including, without limitation legal and other fees) incurred by Motivo, arising from or relating in any way to:

(a) your User Generated Content (as herein defined);
(b) your misuse of the Services and / or Content;
(c) your conduct in connection with the Services or with other Users of the Services; or
(d) any breach of these Terms or the breach of , any law or the rights of any third party.


8. INTELLECTUAL PROPERTY RIGHTS – USE RESTRICTION

8.1 All Intellectual Property Rights (as defined below) in or arising out of or in connection with the Services shall be owned by the Motivo.

For the purposes of this clause 8, “Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights (including but not limited to the text, graphics, photographs, images, videos, audio, sound and illustrations featured or displayed on the Site, the Mobile Application or via the Services and interfaces and Mobile Applications data incorporated into, accompanying or generated by the Mobile Applications), trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

8.2 Motivo reserves all rights to Intellectual Property Rights not expressly granted under these Terms. The Motivo name, the Motivo logo, avatar and other Motivo logos and product names related to the Services are the exclusive trademarks of, and are owned by, Motivo and may not be used or displayed in any manner without the prior written consent of Motivo.


9. LICENCE TO USE SERVICES

9.1 This clause 9 is subject to the provisions of the Apple Licensed Application End User License Agreement (“Apple EULA”). For the avoidance of doubt, in the event that any of the provisions of this clause 9 and the provisions of the Apple EULA conflict, the provisions of the Apple EULA shall prevail.

9.2 If you download the Mobile Applications, including any other content, from the Site, associated sites and/or distribution channels, the Mobile Applications are non-exclusively licensed to you by Motivo subject to these terms.

THE LICENSE TO USE THE MOBILE APPLICATIONS AND SITE IS LIMITED. MOTIVO GRANTS YOU A PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE LICENCE TO USE THE MOBILE APPLICATIONS AND SITE FOR NON-COMMERCIAL USE ONLY.

NO COMMERCIAL USE. ANY COMMERCIAL USE (E.G. ADVERTISING, SOLICITATION AND OTHER COMMERCIAL CONTENT) IS SUBJECT TO PRIOR WRITTEN AGREEMENT WITH MOTIVO.

Motivo accepts that non-profit public sports clubs may in connection with non-commercial, public sport events use the Services; provided full reference is made to Motivo and/or its business partners.

You may not decompile, reverse engineer, disassemble or otherwise attempt to discover any source code, remove, redistribute, sell, assign, transfer any right in, loan, lease, grant any security interest in or any right to the Site, Services, Mobile Applications, Content, User Generated Content of other Users or any parts thereof. You agree not to use any data mining, robots, scraping or similar data gathering methods. A breach hereof may result in civil and criminal sanctions.


10. USER CONDUCT AND USER GENERATED CONTENT

10.1 To use all the Services available, you must create a Motivo account either by direct sign up via the Site, Mobile Applications or by usage of another sign up feature made available by Motivo via the Services. Any signup is subject to you providing the true, accurate and complete personal information ("User Data") as prompted by the relevant sign up feature. You agree to keep your User Data accurate and current and thus without unjust delay update your User Data when relevant.

10.2 You are responsible for any actions that take place while using your Motivo account. You warrant that you will keep your username and password secure and not allow anyone else to use them to access the Services. Motivo is not responsible for any loss that results from unauthorised use of your username and password, with or without your knowledge.

10.3 Any content that you and other Users create or otherwise make available on or through the Services, except such Content owned by Motivo shall be deemed "User Generated Content", including training plans, workouts, communications materials, information, data, profiles, messages, notes, links to websites, text information, photos, music, videos, designs, graphics, sounds, and any other content.

10.4 All User Generated Content submitted by you on the Site or via the Services will be considered non-confidential and non-exclusive.

10.5 You grant to Motivo a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose including but not limited to, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialise without any payment due to you. Provided, however, that such use shall be conducted with due respect to your privacy as described in the Privacy Policy.

10.6 You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Motivo, its trademarks or any of its marks, products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material.


11. USE OF THE SERVICES

11.1 You may use our Site and the Services only for lawful purposes. You may not use our Site or Services:

(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that it unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards (as herein defined);
(e) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
(f) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
(g) to reproduce, duplicate, copy or re-sell any part of our Site.

11.2 These content standards (“Contents Standards”) apply to any and all material which you contribute to our Site (Contributions), and to any interactive services associated with it.

11.3 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

11.3.1 Contributions must:
(a) be accurate (where they state facts);
(b) be genuinely held (where they state opinions); and
(c) comply with applicable law in the UK and in any country from which they are posted.

11.3.2 Contributions must not:
(a) contain any material which is defamatory of any person;
(b) contain any material which is obscene, offensive, hateful or inflammatory;
(c) promote sexually explicit material, violence or any illegal activity.
(d) promote any discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(e) infringe any copyright, database right or trade mark of any other person;
(f) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(g) be threatening, abuse or invade another’s privacy, be likely to deceive, harass, upset, embarrass, alarm or annoy any person
(h) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(i) give the impression that they emanate from Motivo if this is not the case
(j) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse

11.4 The Services may provide you with the option of making certain Content [or Constitution] that you submit to the Service as private. If, upon submission of User Generated Content to the Services, you initially elect to mark such User Generated Content as private or available for a limited group of users, Motivo will use reasonable endeavours to maintain the privacy of such Content in accordance with your election. However, if you do not elect to mark your User Generated Content as private or available for a limited group of users, or later change such designation to allow such User Generated Content to be made generally available, Motivo cannot and does not guarantee the privacy of such User Generated Content.


12. USER INTERACTION DISCLAIMER

12.1 The Services also facilitate a venue to connect Users, share workout templates, workout data, training plans and any other User Generated Content in a virtual information place. Motivo is not directly involved in the actual transactions between the Users of the Services. As a result, Motivo has no control over compliance with the Content Standards or the truth, accuracy, quality, legality, or safety of postings made by Users of the Service and does not monitor or pre-screen User Generated Content or Contributions prior to posting.

12.2 Motivo shall have no responsibility to confirm the identity of members or to confirm or verify the qualifications, background, or abilities of Users of the Services and you shall at all times exercise common sense and good judgment when dealing with any User of the Services or any User Generated Content.

12.3 If you elect to use our "Show my friends" services or similar Service features for informing a friend about our Services, User Generated Content, activities or for emailing User Generated Content or other information to a friend, you will be required to provide your friend's contact information and/or email address You warrant and represent that you are authorised to provide any third party email address or other information that you provide to Motivo. Motivo may store the information you provide for 365, provided that Motivo will use such information to identify if your friend is or later becomes a member of Motivo. Motivo will also use such information to send no more than two emails.

12.4 You acknowledge, consent and agree that Motivo may access, preserve and disclose your Contributions, and other of your User Generated Content as follows:

(a) required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with any legal or statutory obligations;
(b) enforce the Terms;
(c) respond to claims that any Content or User Generated Content violates the rights of third parties; or
(d) protect the rights, property or personal safety of Motivo, its Users and the public.


13. THIRD PARTY SERVICE PROVIDERS AND ADVERTISERS

13.1 Motivo may choose at any time to have its business partners' advertisers and other third parties' (“Third Party” or “Third Parties” as applicable) products, services, advertisements and other offers made available via the Site of the Mobile Application. Any such offerings made available to you are made and offered directly by the applicable Third Party, unless otherwise expressly noted.

13.2 You acknowledge and accept that if you buy any such products or services offered by such Third Party you are contracting directly with the applicable Third Party. Your correspondence or business dealings with, or participation in promotions of, Third Parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party.

13.3 Motivo shall not be responsible or liable for the performance or non-performance of any Third Party any loss or damages of any kind resulting thereof.


14. LINKS

Users and Third Parties may provide links to other Internet sites and / or other resources. Since Motivo has no control over such sites and resources, you acknowledge and agree that Motivo shall not be responsible nor liable for the availability, content, advertising, products, services or other materials on or available from such sites or resources. The provision of links to third party websites does not automatically imply that Motivo endorses that website, its contents or products. Please note that these third-party websites may have their own terms and conditions of use, privacy policy and terms and conditions of supply (if applicable).


15. TERMINATION

15.1 Motivo reserves the right to change, discontinue and / or terminate any and all Services at any time without notice.

15.2 Motivo may at any time, at its own discretion for any or no reason, and without any warning or notice, edit or remove in whole or in part any Users account and User Generated Content and further to restrict Users use of all or any part of the Services. Motivo also reserves the right to block Users from certain IP addresses or Device numbers and prevent access to the Services. You understand and agree that some of your User Generated Content, which is displayed outside your profile, in activity feeds, in other parts of the Services, or on other platforms (e.g., Facebook, Twitter etc.), may continue to appear on the Services or on other platforms even after your User Generated Content is removed or your account is terminated.


16. MOTIVO PREMIUM SUBSCRIPTION

THE PROVISIONS OF THIS CLAUSE 16 WILL ONLY APPLY TO MOTIVO PREMIUM SUBSCRIBERS

16.1 In order to subscribe for the additional optional premium service (“Premium Service”), and to remain subscribed to the Premium Service, you are required to pay a subscription fee. Details of the rates payable can be found at www.motivo.cc/pricing. You must supply Us with complete and accurate payment information. The renewal subscription fees will be the same as the initial fee unless you are otherwise notified in advance. Motivo reserves the right to increase subscription fees or to institute new fees at any time upon reasonable notice posted in advance on this Site.

16.2 Payment for your subscription must be made as follows:
(a) where payment is to be made via the Site (“Online Payments”), payment may be made by a valid credit card which is accepted by Motivo (“Acceptable Card”). You authorise Motivo to charge your Acceptable Card for the amount of the subscription fee on a monthly basis or a bi-annual basis as you may elect until your terminate your subscription in accordance with the provisions of clause 16.5. Should your payment option fail, We will make reasonable efforts to resolve the issue, and notify you of the failure. However, if the issue is not resolved, We will disable your Premium Service subscription until payment is received. All amounts paid for the Motivo Premium Service, including prepayments, are non-refundable; and
(b) where payment is to be made via the Mobile Application as an In-App Purchase ("IAP"), payment will not be taken automatically, you are required to make subsequent payments at the end of each monthly subscription period or you may elect to subscribe on a bi-annual basis, in which case you are required to make payment at the end of each subscription period.

16.3 Waiver of Right of Withdrawal.
In order for Motivo to ensure your immediate access to all the services of Premium, you agree and accept that by ordering Premium, you waive your right to a 14 days right of withdrawal.

16.4 Termination of Premium Service
Should your subscription be set up using Online Payments, payments will continue to be taken by direct debit from your Acceptable Card until you terminate your subscription in accordance with the provisions of clause 16.5.

16.5 Termination notice.
In order to terminate your Subscription to the Premium Service you must access your personal 'Settings' page on the Site and choose 'Cancel subscription' under the 'Subscription' menu. You may terminate your subscription to Motivo Premium at any time effective at the end of your current subscription month. Once you have made your cancellation, and received a confirmation, no further charges will be made.

IT IS YOUR RESPONSIBILITY TO TERMINATE YOUR SUBSCRIBTION IN DUE TIME, SHOULD YOU NO LONGER WISH TO SUBSCRIBE. THIS APPLIES IRRESPECTIVE OF YOUR USE OF THE SERVICES.

16.5 Refunds.
No refunds are made upon termination, unless the Services are terminated by Motivo other than by reason of non-payment of the subscription fee, misuse of the Services or breach of these Terms by you, in which case, where possible, Motivo shall use reasonable endeavors to refund your subscription fee, on a pro rata basis with reference to the unexpired period of time remaining before a further renewal of the subscription fee would be required.

16.6 Delivery.
Once Motivo has received payment for the Premium Service, your account will be upgraded to “Motivo Premium” status within 1 (one) hour, although it is usually immediate. This applies all methods of Premium Service payment.


17. SEVERABILITY AND PERSEVERANCE

17.1 Should any provision (or part provision) of the Terms be held invalid, unlawful, void or unenforceable, that provision or part provision shall, to the extent required, be deemed deleted and the remainder of the Terms shall continue to be valid and enforceable.

17.2 Any provisions of the Terms which by their nature shall survive any termination of use of the Services, irrespective of the cause, including but not restricted to the Privacy Policy, Warranties and Limitation of Liability, Intellectual Property Rights, Miscellaneous, Severability and Perseverance, Miscellaneous and Governing Law and Jursidiction shall survive termination.


MISCELLANEOUS

18. VARIATION

Motivo reserves the right to update these Terms from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this the Service and your continued use of the Service following any changes constitutes your acceptance of the new Terms. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of Motivo.


19. WAIVER

Either party’s failure or delay in exercising any right or remedy or provision under this contract or by law shall not constitute a waiver of such right or provision nor preclude or restrict its further exercise.


20. THIRD PARTIES

A person who is not a party to the contract shall not have any rights under or in connection with it, and the Contracts (Rights of Third Parties) Act 1999 is expressly excluded.


21. NOTICE

Unless otherwise stated in these Terms a notice given to a party under or in connection with these Terms shall be in writing and sent to the party at the email address as provided upon registration. The notice shall be deemed to validly served one hour after transmission provided that the party sending the notice does not recall it or receive any notice of non delivery.


22. GOVERNING LAW AND JURISDICTION

These Terms are to be construed in accordance with the English law and in the event of any dispute or claim associated with these Terms, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.