TERMS AND CONDITIONS

Last updated 21.10.20

 

BEFORE USING THIS MOBILE APPLICATION, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY (“App”). The following Terms and Conditions together with applicable law apply to all users of the App. You consent to these Terms and Conditions and that they represent a binding agreement between you and MOTI ApS. If you disagree with our Terms and Conditions, you are not permitted to access and utilize our App.

 

MOTI ApS (“MOTI”, “we”, “us”, “our”) is the publisher of this App.

 

Rights

This App and its services are only available for users with legally binding contracts and access granted through the App’s process of registration. When you use the App, you declare and guarantee you are ≥18 years old and/or somehow able to sign legally binding contracts. In relation to you using the App, you also declare and guarantee that you have provided us with accurate, applicable, and adequate information.

 

Purpose

The purpose of the App is to provide you with a mobile interface to perform and save measurements of your clients in relation to their physical stage together with the MOTI measuring system (MOTI measuring unit and either MOTI strap or MOTI sticker). The measurements are then automatically compared with the respective saved measurements, visualized in your client’s profile, and uploaded to the cloud, for you to be able to access the measurement data through the MOTI web-client with your account. The App is limited to be used for tasks related to assessing the physical stage of the human body only. For you to get access the App you are required to provide certain personal information about yourself. For the App to work as intended, you are also required to provide personal information about your client, which you need their consent to do as it is voluntarily to be included in the App.

 

Consent

Data collected from all users through the App: name, job title, and email. Data collected from all your clients through the App: name, gender, date of birth, height, weight - and if you choose to perform and save measurements – results of joint range of motion, quality of movement, joint repositioning, comparisons of these, and any notes you enter into the App. This information is considered your “Data”, and you consent to:

  1. The electronic communication between you and us when you use the App comply with current laws and regulations of privacy.

  2. To comply with the purpose of the App, we may perform collection, storage, processing, maintenance, uploading, synchronization, transmission, sharing, disclosure, and utilization of your Data.

  3. Your data in relation to your App visits and use may be anonymized and collected to be included for business related affairs internally in MOTI such as validation, optimization of performance, system updates, support, development of future software together with additional App-related services or to improve

  4. Audit logs which reflects your use of the App will be generated based on your Data.

  5. Collection, transmission, and storage of your Data is operated by MOTI.

  6. As long as you use the App you consent to our use of your Data as specified in our Terms and Conditions.

  7. Our Privacy Policy applies to our use of your personal Data.

 

Restrictions

In case of any misuse or violation or our Terms and Conditions by lead by you, MOTI reserves the right to remove you from our Services including the App as we consider it a material breach. This may cause suspension and revocation of your account and your permission of using the App with immediate effect. You are not allowed to utilize the App in the following ways:

  • Copy, reverse engineer, deconstruct, decompile, derive code, translate, or develop a similar product;

  • Through the App or additional content collect, extract or utilize data, which is not intentionally made accessible;

  • Use any bots, spiders, trojans, worms, spyware, ransomware, bombs, viruses, denial-of-service attacks, or any other malicious code, device, or process;

  • Deactivate, overload, damage, or inhibit the App or in other ways create limitations for MOTI or any other users’ use of the App;

  • Connecting any user’s account to any other network, system, application, or webpage, or to the App create a link from or to another location;

  • For the benefit of any third party, utilize the App or the content of the App, including distribution or sublicensing of the App.

  • Accessing or attempt of accessing another user’s account or restricted data or impersonation of another user, individual, MOTI employees, or representatives.

  • Removal of any propriety notice in relation to the App including but not limited to patent, copyright, and trademark.

  • Harassment, threats, or use of abusive language targeted us or another individual in any way.

  • Publish in any way offensive statements including ones characterized as defamatory, libelous, insulting, obscene, or illegal.

  • Disseminate advertisements, promotional materials, spam, junk mail, pyramid schemes or other forms of solicitation; or

  • In any way hold us liable in relation with you involving in illegal conduct.

 

MOTI is not responsible for content made by users of the App as we do not nor have the resources to go through all the material made by our users.

MOTI is not responsible for user made content made in the App and/or belonging applications distributed by users, and we do not undertake any liability or obligation in relation to any content and/or activity in the App.

However, content which we consider being:

  • Defamatory, offensive, or obscene;

  • Deceitful or misleading;

  • Violating any intellectual property including copyright and trademark or;

  • In any way unacceptable in our own assessment.

 

Medical Disclaimer

Medical advice is not provided by the App. It is the App user’s responsibility to instruct and control that their clients perform the respective movement correctly in relation to the respective measurement performed with the MOTI measuring system. MOTI can not be held accountable for any errors in the measurements performed with the MOTI measuring system.

 

Proprietary Rights and Restrictions

MOTI or our licensors owns all content (the “Content”) of the App including illustrations, designs, logos, trade names, and saved data in anonymized form. You as a user do not obtain any ownership, rights, or license regarding content of the App by using the App except the non-anonymized Personal Data that you have generated. Any copying, reproducing, displaying, distribution, transmission, reselling, broadcasting, reverse-engineering, derivation, or exploit of the App and the content you do not own are not permitted without a written permission from MOTI.

Any markings, distinguishing or proprietary notices in the App or its Content, you are not permitted to perform any modification, alteration, deletion, or disguising to. In case of any unauthorized use, violation, misuse or alteration of the Content, we reserve rights to use all available legal means against you.

 

Warranty Disclaimer

THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP AND ITS BELONGING SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND/OR (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP.

 

Limitations of Liability

MOTI INCLUDING DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS ARE IN NO WAY LIABLE FOR ANY MATTERS RELATED TO THE APP OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO HOW YOU USE OR CAN NOT USE THE APP OR ITS CONTENT) WITHIN THE MAXIMUM RANGE OF THE CURRENT LAW.

 

Indemnification

YOU CONSENT TO DEFEND, INDEMNIFY, AND HOLD MOTI AND ALL OF OUR RESPECTIVE OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES HARMLESS AND FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, WHICH IS A RESULT FROM (1) BREACH OF THESE TERMS AND CONDITIONS, AND (2) USAGE OF THE APP.

 

Class-Action Waiver and Arbitration

You agree that you waive your right to a trial in the maximum extent permitted by law and binding arbitration to resolve any dispute or claim relating to your use of the App. You waive your right to participate in any representative action or class regarding your use of the App against us and our affiliates, licensors, and sponsors. By providing the counterpart with a written statement regarding any claims in adequate detail to describe the content of such claims, you or we are exercising our right to do so. Any law of constraint which would in other respects apply in court or other legal actions will apply for any submitted claims for arbitration. The arbitration will be performed in the region of the country of one of the parties’ residence and led by a neutral arbitrator according to Danish law.

 

Governing Law

These Terms and Conditions and your use of the App are governed by and construed in accordance with the Danish laws applicable to agreements made and to be entirely performed within the European Union, without regard to its conflict of law principles.

 

Agreement changes and duration

We are allowed to perform changes in the App, its content, Terms and Conditions, or momentarily or permanently stop the operation of the App without noticing for any reason and at any time. Our Terms and Conditions apply to you when you access the App. You consent to our Terms and conditions published at the time you access the App every time you are accessing the App. Even after you stopped using the App or the App has been shut down, these Terms and Conditions will still be applicable to you, to the fullest extent permitted by law.

 

Severability

If any provision or part of a provision of these Terms and Conditions are determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

 

Contact

If you have questions or comments about this Terms and Conditions, please contact us at moti@moti.dk