Terms of Service for In-Motion
Last Updated: December 2023
1. Introduction
Welcome to In-Motion, a dynamic SaaS platform designed to empower coaching businesses. Our platform, inspired by the capabilities of industry leaders, stands out with exclusive features like round-the-clock customer support and an extensive array of marketing and automation templates. These Terms of Service (referred to as "Terms") are established to define and govern the use of our services, ensuring a clear understanding of mutual responsibilities and expectations between In-Motion and its users.
2. Acceptance of Terms
By accessing or using In-Motion, you agree to be bound by these Terms and any modifications made to them.
3. User Eligibility
Our services are intended for users who are at least 18 years of age.
4. Services Offered
In-Motion provides various services including website/funnel building, reputation management, email marketing, and more. We offer two subscription tiers: Professional and Premium, each with specific features and pricing.
5. User Responsibilities
Users of In-Motion are required to comply with all applicable laws, rules, and regulations. The use of In-Motion's services for illegal activities, to infringe upon the rights of others, or to engage in offensive conduct is strictly prohibited. Users must respect the intellectual property rights of others and ensure that the content they share through the service is lawful and does not violate these Terms. Responsible use of the service is essential to maintain a productive and legally compliant environment.
6. Content and Data Management
Users retain ownership of their content but grant In-Motion a limited, revocable, non-exclusive, and non-transferable license to use, display, and perform the content solely in connection with the operation of the service. Users are responsible for ensuring their content does not infringe on any intellectual property rights, is not obscene, and does not violate any applicable laws or regulations. In-Motion reserves the right to remove or modify user content that is deemed inappropriate or violates these Terms.
7. Privacy and Data Protection
In-Motion places high importance on the privacy and security of user data. Personal data collected from users is used exclusively for providing and enhancing our services. We employ robust security measures to protect this data from unauthorized access or disclosure. We comply with applicable data protection laws and regulations, ensuring that user information is handled responsibly. Our privacy practices are designed to safeguard personal information while enabling the effective delivery of our services.
8. Payment Terms
Payments for In-Motion services are subscription-based, and users can choose from monthly or yearly billing cycles. The specifics of the payment, including the processing method, are clearly outlined at the time of subscription. Refunds are handled based on the conditions outlined at the time of purchase, and users can cancel their subscription in accordance with the cancellation policy provided. The terms aim to be transparent and fair, ensuring users have a clear understanding of their financial commitments when using In-Motion.
9. Intellectual Property
In-Motion respects and protects intellectual property rights. The content, logos, graphics, and other materials related to In-Motion are protected under intellectual property laws. Users are granted a non-exclusive, non-transferable, revocable license to access and use In-Motion strictly in accordance with these Terms. Users must ensure that the content they upload does not infringe upon any third-party intellectual property rights. Unauthorized use of In-Motion's intellectual property is strictly prohibited and may result in legal action.
10. Disclaimer of Warranties
In-Motion is provided "as is" and "as available," without any warranties of any kind, either express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. In-Motion does not warrant that the service will be uninterrupted, timely, secure, or error-free, or that any information or results obtained through the service will be accurate or reliable.
11. Limitation of Liability
In-Motion disclaims all liability to the fullest extent permitted by law. We will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use the service. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if In-Motion has been advised of the possibility of such damage.
12. Dispute Resolution
In the event of a dispute arising from or relating to these Terms or the use of the In-Motion platform, the following process will apply: Informal Resolution: Initially, parties are encouraged to resolve their dispute informally by contacting In-Motion’s customer support. Mediation: If informal resolution is not successful, parties agree to engage in mediation, a process where a neutral third party assists in resolving the dispute. Arbitration: If mediation fails, the dispute will be resolved by binding arbitration. The arbitration will be conducted under the rules of an agreed-upon arbitration association in a jurisdiction mutually agreed upon by the parties. Governing Law: The arbitration and any other legal proceedings will be governed by the laws of the jurisdiction where In-Motion is headquartered, unless otherwise required by applicable law. Waiver of Class Action: Users agree to resolve any disputes on an individual basis and waive any right to a class action lawsuit.
13. Jurisdiction and Compliance
In-Motion operates globally and complies with international laws and regulations.
14. Changes to Terms of Service
In-Motion reserves the right to modify these Terms at any time. Users will be notified of any changes through an update on the In-Motion website or via email. The revised Terms will become effective once posted, and continued use of the platform after any such changes will constitute acceptance of the revised Terms. Users are encouraged to frequently review the Terms to stay informed of updates.
15. Third-Party Services and Partnerships
In-Motion may use or offer third-party services and products, which are not operated or controlled by In-Motion. Users acknowledge and agree that these services may have their own terms and conditions and privacy policies. In-Motion is not responsible for the content, functionality, or legality of these third-party services. Users engaging with any third-party service through In-Motion do so at their own risk and are advised to read the terms and conditions of these services.
16. Contact Information
For any questions or concerns regarding these Terms, please contact us at [email protected]
