Terms and Conditions
(i) download, install and use the MOTION App, and any updates to it provided by Www.themotion.app from time to time, in object code form for your personal use only on a compatible mobile device owned or controlled by you; and
(ii) access and browse the Www.themotion.app Website(s) for your personal use only.
The MOTION App and Www.themotion.app Website(s) are not intended for use by children under the age of 13. If you are under the age of 13 you must not use the MOTION App and Www.themotion.app Website(s). If we discover that any such use is taking place we will immediately terminate any relevant user account(s) facilitating such use. If you are below the age of 16, you must have obtained the consent of your parent or legal guardian to your use of the MOTION App and Www.themotion.app Websites(s).3. Rights to the MOTION App, Www.themotion.app Website(s) and their content
Where you submit any content whatsoever (“Content”) to the MOTION App or Www.themotion.app Website(s), including without limitation any image, text, or data, you retain all intellectual property rights that you hold in such Content. You grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable license to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such Content from time to time for any purpose relating to the MOTION App, Www.themotion.app Website(s) and our business from time to time.
We welcome any feedback or suggestions for improvements relating to the MOTION App, Www.themotion.app Website(s) and/or any related products and services offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.
In order to use the MOTION App, you must create a user account (a “MOTION Account”). You are responsible for all uses of your MOTION Account whether by you or a third party. You should ensure that you use your personal mobile number for verification of your account and a strong password (if applicable) for your MOTION Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorized use of your MOTION Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to use a strong password. Access to your account can become restricted or outright impossible in case of a loss of your control over the mobile number to which your account is registered.
Your MOTION Account logs details of all MOTIONs generated by you and any transfers of MOTIONs to or from your MOTION Account. Please review your MOTION Account regularly. If you identify any erroneous transaction or unexpected activity on your MOTION Account, or you believe that the security of your MOTION Account has been compromised, you must let us know as soon as possible.
Different membership levels may apply to the MOTION Accounts of different users and, depending on the membership level you hold, your entitlement to access functionality of the MOTION App or generate MOTIONs may vary.
When using the MOTION App on your mobile device, you acknowledge and agree that MOTION operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.
The MOTION App stops generating MOTIONs on your mobile device if you do not open the MOTION App for 30 days. Generation of MOTIONs restarts once you next open the app.5. MOTN
“MOTNs” are units of exchange that users of the MOTION App may generate through verified physical movement (e.g. steps). MOTNs may be used to redeem products, services and other benefits via the MOTION App, to the extent that such products, services and other benefits are offered by users. You acknowledge and agree that MOTNs may not be redeemed for cash from ‘Motion Wellness Private Limited’ or any of its affiliates, unless we expressly agree otherwise with you in writing.
We reserve the right and retain the absolute discretion to determine, and alter from time to time, the eligible forms of movement, movement verification algorithms and amounts of verified movement that must be undertaken by users in order to generate MOTIONs using the MOTION App (for example, and without limitation, we may alter from time to time the verification algorithm or the number of verified steps required to generate a MOTN). Details of eligibility criteria and the volumes of verified movement required to generate MOTNs from time to time are provided within the FAQ section of the MOTION App. Movement verification conducted by our algorithms is considered final and cannot be revised or reversed.
We may cap the maximum amount of MOTNs that users of the MOTION App may generate each day using the MOTION App. The applicable cap may vary depending upon the membership level of the relevant user or other criteria that we chose to apply and we may alter such caps from time to time.
We may from time to time impose MOTION-denominated charges for the use of the MOTION App or to enable specific functionality of the MOTION App. When we do this we will be entitled to deduct the applicable number of MOTNs from your MOTION Account required to meet the applicable MOTION-denominated charges and we may retain and use the MOTIONs that we deduct for our own benefit. We will always be transparent about any applicable MOTION-denominated charges and details of any such charges are provided within the FAQ section of the MOTION App.
To illustrate, and without limiting our rights under the preceding paragraph, we may elect to impose a MOTION-denominated commission charge on the generation of MOTIONs entitling us to deduct a proportion of the MOTIONs that you generate. We may also impose recurring MOTION-denominated charges in relation to certain membership level categories. Details of any applicable rate of commission on MOTION generation from time to time, and any MOTION-denominated charges applicable to the different membership levels are provided in the FAQ section of the MOTION App.
We reserve the right to impose charges in relation to the use of MOTION App in fiat currency from time to time, which may be applicable to all or specific categories of users or to the use of specific functionality or services accessed via the MOTION App. The currency and amount of any such charges may be determined by us in our absolute discretion.
The MOTION App allows you to send MOTNs to third party users of the MOTION App. Please ensure that you have verified the identity of the recipient of the relevant MOTIONs before sending them. We may make available functionality enabling the donation of MOTIONs to charity.6. Acceptable Use You agree that you shall not:
(a) seek to generate MOTNs by any means other than your genuine physical movement meeting the eligibility criteria specified by ‘Motion Wellness Private Limited’ from time to time and, in particular and without limitation, you shall not (i) simulate any such verified movement using artificial and/or mechanical means, (ii) enlist third parties to generate MOTNs on your behalf (for the avoidance of doubt, however, you may receive transfers of MOTNs from third parties using the functionality available within the MOTION App);
(c) operate more than one MOTION Account;
(e) reproduce, frame, display or mirror the MOTION App or Www.themotion.app Website(s) other than as a necessary consequence of their normal operation by you;
(f) infringe our intellectual property rights or those of any third party in relation to your use of the MOTION App or Www.themotion.app Website(s);
(g) transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the MOTION App or Www.themotion.app Website(s);
(h) use the MOTION App or Www.themotion.app Website(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(i) employ any technology that interferes in any way with the proper operation of the MOTION App or Www.themotion.app Website(s), including by blocking any advertising or promotions displayed thereon; or
(j) collect or harvest any information or data from the MOTION App or Www.themotion.app Website(s) for any commercial purpose, save as otherwise agreed in writing by us.
If we discover any breach of this Section 6 by you, we may immediately suspend or terminate your access to the MOTION App and remove and delete any content from MOTION App or Www.themotion.app Website(s) violating this Section 6.7. Changes and updates to the MOTION App and Www.themotion.app Website(s)
‘Motion Wellness Private Limited’ reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to the MOTION App and/or Www.themotion.app Website(s), and/or (ii) alter the functionality or contents of the MOTION App and/or Www.themotion.app Website(s) with or without notice to you.
We may issue updates to the MOTION App from time to time. Depending upon the nature of the update, you may not be able to continue to use the MOTION App until you have downloaded the latest version of the MOTION App.8. Contacting us
In relation to any matters concerning the MOTION App and Www.themotion.app Website(s), including any feedback, questions, complaints or claims, please contact us via our iPhone or Android application -> Profile -> Settings -> Help -> Contact us -> ...
‘Motion Wellness Private Limited’ welcomes any feedback you may have on the MOTION App.9. No warranty
The MOTION App and Www.themotion.app Website(s) are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of the MOTION App, Www.themotion.app Website(s) or the contents of any of them. ‘Motion Wellness Private Limited’ does not warrant or undertake that use and availability of the MOTION App and Www.themotion.app Website(s) will be uninterrupted or error-free.
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE MOTION APP OR MOTION WEBSITE(S). IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF ‘Motion Wellness Private Limited’ IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.10. Third Party Content
For your convenience Motion Wellness Private Limited may include in the MOTION App or Www.themotion.app Website(s) links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that ‘Motion Wellness Private Limited’ has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.
The MOTION App and Www.themotion.app Website(s) may include content submitted by other users of the MOTION App and Www.themotion.app Website(s) (“Third Party Content”). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content. The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.11. No Medical Advice
From time to time we may make available additional terms or guidance in relation to the usage of MOTION App or TheMotionApp Website(s), and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the MOTION App or any TheMotionApp Website(s).13. MOTION Marketplace
The MOTION App enables users to offer goods, services and other benefits to other users that may be redeemed in exchange for MOTIONs (such functionality being the “MOTION Marketplace”).
To the extent that ‘Motion Wellness Private Limited’ agrees to administer on your behalf via ‘Motion Wellness Private Limited’ own account any offer of goods or services or other benefits in exchange for MOTIONs on the MOTION Marketplace, ‘Motion Wellness Private Limited’ shall be entitled to retain up to 100% of the MOTIONs received for its own benefit in its absolute discretion.
You agree that ‘Motion Wellness Private Limited’ has no responsibility for any goods, services or other benefits offered by you or by any third party on the MOTION Marketplace. You agree that we have no control over and do not guarantee the quality, safety or legality of any goods, services or other benefits offered by users, the truth or accuracy of their offers, the ability of users to provide any goods, services or other benefits offered, or that a user will actually complete or perform a transaction. Save as otherwise expressly agreed with you, we and our affiliates do not act as agent, contractor, partner or any form of representative of you or any other user of the MOTION Marketplace. Our operation of the MOTION Marketplace should not be taken as an endorsement (express or implied) of any goods, services or other benefits offered on it, nor of any user.
‘Motion Wellness Private Limited’ is entitled to alter the selection of goods services and other benefits on offer, and the number of MOTIONs required to redeem any such goods, services or other benefits offered, on the MOTION Marketplace, as well as to limit the number of possible redemptions of any good, service or other benefit by any user or group of users in its absolute discretion. Where we wish to do this, we will notify you first and give you the opportunity to de-list the relevant goods, services or other benefits, if you do not agree with the revised number of MOTIONs required.
You represent and warrant to us that any goods, services or other benefits that you offer on the MOTION Marketplace will: (i) conform to the description you provide for them, (ii) comply with all applicable laws and regulations, (iii) be of satisfactory quality, (iv) conform to our acceptable use requirements (stated in Section 6 above), and (v) be delivered in full once a user redeems the relevant goods services or other benefits using the requisite number of MOTIONs in accordance with your stated terms and conditions.
You agree that we may remove any listing or offer on the MOTION Marketplace at any time in our absolute discretion. All goods, services or other benefits listed on the MOTION Marketplace are offered subject to their availability (which may be limited where stated on the listing) and the applicable terms and conditions of the user listing the relevant offer, and may be withdrawn at any time before they are duly redeemed. Particular goods, services or benefits may be offered via the MOTION marketplace only to specific categories of user or to individually selected users, where we agree in writing or make available the necessary functionality to facilitate this.
You agree that disputes in relation to any goods, services or other benefit redeemed via the MOTION Marketplace shall be resolved in accordance with the terms and conditions applicable to the relevant transaction between the parties to such transaction. While we may elect to help facilitate the resolution of such disputes through programmes that we develop, to the maximum extent permitted by applicable law we accept no liability in connection with any transaction that we have not directly participated in.
You agree that we and our affiliates have no responsibility to facilitate or offer returns, exchanges or refunds in connection with transactions on the MOTION Marketplace that we have not participated in.
We make no representation, warranty or undertaking that the offer, sale, purchase, export, import or use of any goods, services or other benefits offered on the MOTION marketplace is valid and legal under the laws that apply to you. You accept sole responsibility to ensure the legality of any offer, sale, purchase, export, import or use or any goods, services or other benefits that you list or redeem using the MOTION Marketplace.
As a form of marketplace curation ‘Motion Wellness Private Limited’ may offer an option for the users to report an offer via MOTION App functionality and reserves a right after a review to delist the offer from the MOTION Marketplace.14. Limitation of liability
You acknowledge that the MOTION App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the MOTION App meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the MOTION App, ‘Motion Wellness Private Limited’ Website(s) and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the MOTION App or ‘Motion Wellness Private Limited’ Website(s) or any inaccurate or incomplete content on either, or (iii) any loss, damage or other liability arising as a result of any reallocation of MOTIONs by us.
3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the MOTION App. We do not offer maintenance or support services in connection with the MOTION App.
5. We, not Apple, are responsible for addressing any claims by you or any third party relating to the MOTION App or your possession and/or use of the MOTION App, including, but not limited to: (i) product liability claims; (ii) any claim that the MOTION App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. In the event of any third party claim that the MOTION App or your possession or use of the MOTION App infringes that third party’s intellectual property rights, ‘Motion Wellness Private Limited’ and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. You must comply with any third party terms that are applicable to the use of the MOTION App from time to time.
10. MOTION offers optional in-app purchases in the form of auto-renewing subscriptions. The subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your App Store account settings after purchase.