Terms of Service
Last updated: March 4, 2025
Acceptance and binding agreement
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Motivd (or the entity operating Motivd, “we,” “us,” “our”). By creating an account, accessing, or using the Motivd platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using Motivd on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree to these Terms in their entirety, you must not access or use the service.
Service description and “as is” nature
Motivd provides an AI-powered application and website builder and related tools. We integrate with third-party services (e.g. Next.js, Vercel, GitHub, Supabase, Stripe). We do not guarantee any particular outcome, availability, accuracy, or fitness for your specific purpose. The service and any generated code, outputs, or materials are provided “as is” and “as available.” You are solely responsible for evaluating and using any generated code, deploying applications, and for all use of third-party services you connect. We are not responsible for the availability, performance, or terms of any third-party service.
Account, eligibility, and acceptable use
You must be at least 18 years old (or the age of majority in your jurisdiction) and provide accurate, complete registration information. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You agree not to use Motivd: (a) for any illegal purpose or in violation of any law; (b) to infringe any intellectual property or other rights of any party; (c) to transmit malware, spam, or harmful code; (d) to attempt to gain unauthorized access to our or others’ systems or data; (e) to resell or sublicense access in a manner inconsistent with these Terms; or (f) in any way that could damage, disable, or overburden the service. We may suspend or terminate your account and access at any time, with or without notice, for actual or suspected violation of these Terms or for any other reason we deem necessary.
User content and license grant
You retain ownership of content you submit or create (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, store, process, reproduce, and display that content solely to operate, provide, and improve Motivd and to enforce these Terms. You represent that you have all rights necessary to grant this license and that your User Content does not violate any law or third-party rights. We do not guarantee backup or availability of User Content; you are responsible for maintaining your own backups. We may remove or refuse to host content that we believe violates these Terms or the law.
Intellectual property
We retain all right, title, and interest in and to Motivd, including our brand, technology, software, and any pre-existing or platform-level content. Generated code and outputs created for you through the service are licensed to you for your use in accordance with the license terms we specify (e.g. in-product or documentation). Nothing in these Terms transfers our intellectual property to you except the limited license to use generated outputs as we specify. You may not reverse engineer, decompile, or extract source code from our platform except to the extent permitted by applicable law.
No professional advice
Motivd does not provide legal, tax, regulatory, or other professional advice. Any information or outputs from the service are for general informational and development purposes only. You are solely responsible for obtaining any advice needed for your business, compliance, or deployment decisions. We disclaim all liability for decisions you make based on the service or its outputs.
Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOTIVD AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; IN SUCH CASES, THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOTIVD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; (B) LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; (C) THE COST OF SUBSTITUTE SERVICES; OR (D) ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SERVICES, OR GENERATED OUTPUTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED US DOLLARS (USD $100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH CASES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold harmless Motivd, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the service; (b) your User Content or your applications, sites, or products built with or using the service; (c) your violation of these Terms or any law; (d) your violation of any third-party right; or (e) any dispute between you and a third party relating to the service or your use of it. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.
Termination and suspension
You may stop using the service at any time. We may suspend or terminate your access immediately, without prior notice or liability, for any reason, including breach of these Terms, fraud, or to protect the service or other users. Upon termination, your right to use the service ceases. Sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive termination.
Dispute resolution, governing law, and class action waiver
These Terms are governed by the laws of the jurisdiction in which Motivd operates, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the service shall be resolved exclusively in the courts of that jurisdiction, and you consent to personal jurisdiction there. To the extent permitted by law, you waive any right to participate in a class action or representative proceeding. Where applicable law requires a different dispute resolution mechanism (e.g. mandatory arbitration), that mechanism shall apply to the extent required.
Force majeure
We are not liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, government actions, embargoes, strikes, labor disputes, failure of third-party services or utilities, or interruption or failure of the Internet or other communications infrastructure.
General provisions
These Terms, together with the Privacy Policy and any other policies we reference, constitute the entire agreement between you and Motivd regarding the service. If any provision is held invalid or unenforceable, the remaining provisions remain in full force. Our failure to enforce any right or provision does not waive that right or provision. We may assign these Terms or our rights and obligations without your consent; you may not assign without our prior written consent. No third party has any rights under these Terms.
Changes to these terms
We may modify these Terms at any time. We will post the updated Terms on this page and update the “Last updated” date. For material changes, we may provide additional notice (e.g. by email or in-product notice). Your continued use of the service after the effective date of the changes constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the service. We encourage you to review these Terms periodically.