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Terms of Service

Last Updated: November 2024

1. Acceptance of Terms

By accessing, browsing, or using motiplan (the "Service"), you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions contained in this Terms of Service Agreement (the "Agreement"). If you do not agree to abide by the above, please do not use this service.

We reserve the right to update or modify these terms at any time without prior notice. Your continued use of the Service following any changes constitutes your acceptance of the new terms. We recommend reviewing this page periodically for changes.

2. Definitions

  • "Company," "We," "Us," or "Our" refers to motiplan and its affiliated companies.
  • "User," "You," or "Your" refers to any individual or entity accessing or using the Service.
  • "Service" refers to motiplan's website, applications, and all related services.
  • "Content" means all information, data, tasks, and materials created or uploaded by Users.
  • "Subscription" refers to paid plans (Basic, Standard, Premium) offered by motiplan.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Service, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain the confidentiality of your password and account credentials
  • Be responsible for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

3.2 Account Eligibility

You must be at least 18 years old or of legal age in your jurisdiction to use this Service. By creating an account, you represent and warrant that you meet these requirements.

3.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms of Service, provide false information, engage in fraudulent activity, or breach any applicable laws.

4. Subscription and Billing

4.1 Subscription Plans

motiplan offers the following subscription tiers:

  • Basic Plan: $10/month - Time blocking, calendar view, task management
  • Standard Plan: $18/month - Everything in Basic + task breakdown, reports, analytics
  • Premium Plan: $32/month - Everything in Standard + AI insights, advanced features

4.2 Billing and Payment

  • Subscriptions are billed monthly on a recurring basis
  • Payments are processed through PayPal
  • You authorize us to charge the payment method you provide for the selected subscription tier
  • Billing occurs on the same day each month as your subscription start date
  • All prices are in USD unless otherwise stated

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel. To cancel your subscription:

  1. 1. Log into your account
  2. 2. Navigate to Billing Settings
  3. 3. Click "Cancel Subscription"
  4. 4. Confirm the cancellation

Cancellation takes effect at the end of your current billing period. You will not be charged for the next billing cycle.

4.4 Refund Policy

  • No Refunds for Used Services: Subscriptions are non-refundable. We provide access to the Service for the duration of your paid subscription period.
  • Billing Errors: If you believe you were charged in error, contact support@jayappsolutions@gmail.com within 30 days with documentation.
  • Dispute Resolution: For PayPal-related billing disputes, contact PayPal directly.

4.5 Price Changes

We may change subscription pricing with 30 days' notice. If you object to price changes, you must cancel before the new price takes effect. Continued use indicates acceptance of new pricing.

4.6 Failed Payment

If payment fails, we will attempt to charge your account again. Your access may be suspended if payment remains unsuccessful after 3 attempts. A grace period of 7 days is provided to update payment information.

5. User Responsibilities and Conduct

5.1 Prohibited Activities

You agree NOT to:

  • Use the Service for illegal purposes or in violation of any laws
  • Engage in harassment, abuse, or threats toward other Users or our staff
  • Create, distribute, or transmit viruses, malware, or harmful code
  • Attempt to gain unauthorized access to the Service or User accounts
  • Reverse engineer, decompile, or attempt to discover source code
  • Use the Service to build competing products or services
  • Engage in automated data scraping or excessive API usage
  • Transmit spam, phishing attempts, or misleading communications
  • Violate intellectual property rights of others

5.2 Content Responsibility

You are solely responsible for all Content you create, store, or transmit through the Service. You grant motiplan a non-exclusive, worldwide, royalty-free license to use your Content for the purpose of providing the Service.

5.3 Data Accuracy

You represent that all information you provide is accurate and that you own or have authorization to use all Content uploaded to the Service.

6. Intellectual Property Rights

6.1 Company's Intellectual Property

All aspects of the Service, including software, design, graphics, text, and functionality, are the exclusive property of motiplan and are protected by international copyright laws. You may not:

  • Reproduce, distribute, or transmit the Service without permission
  • Modify or create derivative works based on the Service
  • Use the Service for commercial purposes without written consent

6.2 User's Intellectual Property

You retain ownership of all Content you create. However, you grant motiplan the right to:

  • Store and backup your Content
  • Use Content for service improvement and analytics (anonymized)
  • Display Content within your account and to authorized Users

6.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by motiplan without compensation or attribution.

7. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy, available at /legal/privacy, describes how we collect, use, and protect your personal information. By using motiplan, you agree to our Privacy Policy.

8. Limitations of Liability

8.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement of third-party rights
  • Uninterrupted service availability

8.2 Service Availability

While we strive for 99% uptime, motiplan does not guarantee uninterrupted access. We are not liable for service interruptions, downtime, data loss due to technical failures, performance issues, or third-party service failures.

8.3 Limitation of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, MOTIPLAN SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of data, revenue, or business opportunities
  • Damages exceeding the total amount paid by User in the 12 months prior to the incident
  • Damages resulting from User's misuse of the Service

8.4 Exclusions

Some jurisdictions do not allow limitations of liability. In such cases, our liability is limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless motiplan and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from:

  • Your violation of these Terms
  • Your use of the Service
  • Your violation of third-party rights
  • Your Content or activities on the Service

10. Termination of Service

10.1 Termination by User

You may terminate your account at any time by logging into your account settings, selecting "Delete Account," and confirming the deletion. Upon termination, your access to the Service ceases immediately.

10.2 Termination by Company

We may terminate or suspend your account or access to the Service for violation of these Terms, non-payment, illegal activity, safety concerns, or at our sole discretion.

10.3 Data After Termination

Upon account termination, your Content is deleted within 30 days. You remain responsible for any outstanding charges. We retain anonymized usage data for analytics.

11. Modifications to the Service

We reserve the right to modify, update, or discontinue features of the Service, change subscription pricing with 30 days' notice, add or remove subscription tiers, or temporarily suspend the Service for maintenance. We will not be liable for any modifications or discontinuations.

12. Third-Party Links and Services

The Service may contain links to third-party websites and services. We are not responsible for:

  • The accuracy or legality of third-party content
  • Privacy practices of third-party sites
  • Issues arising from third-party services

Your use of third-party services is governed by their terms and conditions.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal proceedings, you agree to attempt to resolve disputes through good-faith communication. Contact jayappsolutions@gmail.com with details of the dispute.

13.2 Binding Arbitration

Except for injunctive relief claims, any dispute arising from these Terms shall be resolved through binding arbitration. Arbitration will be conducted in English in a location mutually agreed upon.

13.3 Class Action Waiver

You agree that claims must be brought in your individual capacity, not as a plaintiff in class actions or representative proceedings.

14. Governing Law

This Agreement is governed by and construed in accordance with the laws of Jamaica, without regard to its conflict of law principles. You agree to comply with all applicable laws and regulations.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and motiplan regarding your use of the Service and supersede all prior negotiations, understandings, and agreements.

17. Contact Information

For General Inquiries:

Email: jayappsolutions@gmail.com

Website: https://motiplan.app

For Legal Matters:

Email: jayappsolutions@gmail.com

BY CREATING AN ACCOUNT OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED HEREIN.

If you have any questions about these Terms of Service, please contact us at jayappsolutions@gmail.com.

© 2024 motiplan. All rights reserved.