MotiMove Terms & Conditions
Effective: June 1, 2024.
If you are visually impaired, have another disability, or need support in other languages, you can access these Terms by emailing us at help@motimove.com.
MotiMove, a registered trademark of KVSV bv (Dutch Chamber of Commerce number: 80584357), and its subsidiaries and affiliates (“MotiMove,” “us,” or “we”) provides content and products via: www.MotiMove.com (the “Website”), our applications (the “Apps”), or other delivery methods (the Website, the Apps and such content and products are collectively the “Product”). MotiMove, in partnership with its affiliated medical providers and partners, may deliver services (i.e., therapy) using the Products or via other delivery methods, as applicable.
These Terms & Conditions (these “Terms”) govern your access to and use of the Products and Services. The term “Device” refers to the device used to access the Products or Services, including but not limited to computers, smartphones, and tablets. The term “you” refers to the user of the Products or Services.
Protecting and safeguarding any personal information you provide through the Products and Services is extremely important to us. Information about our privacy practices can be found in our Privacy Policy (“Privacy Policy”). You acknowledge that your use of the Products and Services is also subject to our Privacy Policy.
YOU AGREE THAT THE PRODUCTS AND SERVICES ARE NOT INTENDED TO BE USED IN A MEDICAL EMERGENCY. IF YOU ARE LOCATED IN THE NETHERLANDS AND YOU ARE HAVING THOUGHTS OF SUICIDE OR SELF-HARM, PLEASE CALL 0800-0113, THE SUICIDE AND CRISIS LIFELINE. IF YOU ARE IN IMMEDIATE DANGER, PLEASE CONTACT 112 OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THESE PRODUCTS AND SERVICES. IF YOU ARE LOCATED OUTSIDE OF THE NETHERLANDS, PLEASE CONTACT YOUR LOCAL CRISIS OR EMERGENCY RESOURCES OR GO TO THE NEAREST EMERGENCY ROOM.
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND MOTIMOVE AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS AND SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. WHAT YOU’RE SIGNING UP FOR
1.1 PRODUCTS AND SERVICES
Products include, without limitation, content for movement and helping you cope with pain. Services include, without limitation, content for movement and helping you cope with pain; your care may be provided by behavioral health coaches and licensed health care providers.
1.2 GENERAL RULES FOR USE OR ACCESS
(a) When you order (“Order”) any Products or Services, or otherwise use or access the Products or Services, you agree to be bound by these Terms and all applicable laws, rules, regulations, judicial orders, executive orders, or similar binding legal instruments (“Applicable Law”). You may also be asked to click “I accept” prior to your purchase or access to the Products and Services. If you do not click “I accept,” you may not be able to complete your purchase or access the Products or Services. If you do not agree to these Terms, please do not use the Products or Services.
(b) These Terms and the applicable Order set out the entire agreement between you and us for the supply of the Products and Services unless expressly stated otherwise. For instance, to use or access certain Products or Services or other special offerings, you may be required to agree to additional terms and conditions or policies; those additional terms or policies are hereby incorporated into these Terms. Where such terms or policies are inconsistent with these Terms, the additional terms or policies will control.
(c) Please check that the details in these Terms and on the applicable Order are complete and accurate before you use or purchase the Products or Services. If you think there is a mistake in these Terms or an Order, please contact us by emailing help@motimove.com. We only accept responsibility for statements and representations made in writing by an authorized representative of MotiMove.
(d) Use of the Products and Services depends on your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Products and Services, and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
1.3 CHANGES TO TERMS
MotiMove reserves the right to change or update these Terms, or any other of our policies or practices, at any time. If a change to these Terms materially modifies your rights or obligations, we may notify you and require that you accept the modified Terms in order to continue to use the Products or Services. We may notify you of such changes via pop-up or push notifications within the Products or via email. If you continue to use the Products or Services after modification, you agree to abide by the modified Terms.
2. JOINING THE MOTIMOVE COMMUNITY
2.1 BECOMING A MEMBER
(a) To access the Products or Services, you must sign up as a registered user (a “Member”). You can do this via our Websites, our Apps, or via certain third-party social networking services. If you become a member via a third party, such third party’s terms and policies may apply. To become a Member, you need to provide certain personal information, including but not limited to your name, email address, date of birth, and a password to be used in conjunction with that email address (“User Information”). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one Member account. To access or use certain Products or Services, you may need to provide additional User Information.
(b) By registering as a Member and using and/or accessing the Products or Services, you warrant that: (i) you are legally capable of entering into binding contracts; (ii) all User Information you submit is truthful, accurate, and up to date; (iii) you will maintain the accuracy of such information; and (iv) your use of the Products and Services does not violate these Terms or any Applicable Law.
(c) Member accounts and Subscriptions (as defined below) are not transferable. You agree not to sell, transfer, or exchange Member accounts or Subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or Free Trials (as defined below) or Subscriptions.
2.2 CHILDREN
We do not support Members under the age of 18.
2.3 SUBSCRIPTIONS
(a) Free Trials. You may have access to a free trial period of certain Products (“Free Trial”). You are only allowed one Free Trial regardless of your subscription method. We reserve the right to determine eligibility for Free Trials, which may vary based on factors including the Product or Service you select and whether you have redeemed a Free Trial previously. Free Trials automatically convert to a paid annual or monthly subscription term after a certain period of time. You can disable the automatic conversion by following the cancellation instructions set forth in Section 3 prior to the date of conversion.
(b) Automatically Renewing Subscriptions. Members may access the Products or Services via a subscription fee-based program (“Subscription”). Subscriptions may be available via monthly or annual options (“Subscription Term”). For the purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. Subscriptions may be charged separately for Products and Services. If you activate a Subscription, you authorize MotiMove to periodically charge, on a going-forward basis, all accrued sums (“Subscription Fee”) on or before the payment due date for the accrued sums. Your account will be charged automatically on the date when you purchase your first subscription to the Product or Service (“Subscription Billing Date”) for all applicable fees and taxes for the next subscription period. The Subscription will continue unless and until you cancel your Subscription or MotiMove terminates your Subscription or your account.
(c) Subscription Cancellation. You may cancel your Subscription at any time, but you must cancel your Subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. See more about cancellation in Section 3.
(d) No Refunds on Subscriptions. Refunds cannot be claimed for any partial Subscription Term. MotiMove will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information) (“Payment Method”). You will only have access to the Products and Services while your Subscription is active and subsisting.
(e) Subscription Methods. You may subscribe via: (i) purchasing a subscription to the Products or Services within the Apps, where allowed by the App marketplace partners, (ii) a