Effective as of December 3, 2023, you are warmly welcomed to MotivATE. These Terms and Conditions of Use are applicable to and govern your utilization of our website and mobile application (referred to as the "App"). They aim to foster a positive, law-abiding community among our users. By choosing to use MotivATE, you are expressing your agreement with all the terms and conditions outlined below. MotivATE, Inc. (referred to as "MotivATE," "we," or "us") and any subsequent entity, provides a range of content and services accessible through the MotivATE website and App, collectively known as the "Services." Please be aware that the summaries presented in shaded boxes at the beginning of most sections are included to enhance the clarity of the Terms. In the event of any conflict between a summary and the detailed content, the latter prevails.
Our Services are available to those 13 and older
To utilize our Services, it may be necessary for you to create a MotivATE account. It is crucial that you maintain the accuracy and currency of your account details, especially your email address. In the event of a forgotten password, a functional email address becomes essential for identity verification and assisting you in regaining access. Registration for a MotivATE account may be required for specific Services, and your account may automatically grant access to new Services. When setting up an account for any of our Services, you must furnish precise and complete information as prompted during the account creation process. Keeping this information current is vital to ensuring the proper functioning of our Services and to facilitate communication of important notices. You are accountable for safeguarding the confidentiality of all actions conducted through your account. Promptly notify our Support Team of any actual or suspected loss, theft, or unauthorized use of your account or password. We disclaim responsibility for any losses resulting from the unauthorized use of your username and password.
Our Services are dynamic, undergoing constant evolution. With the introduction of new products, services, and features, we require the flexibility to implement changes, set limitations, and occasionally suspend or terminate specific Services. Updates to our Services may be necessary, and it is essential to install them for optimal functionality. The nature and functionality of the Services are subject to frequent modifications, and these changes may occur without prior notice to you. We may offer updates, including automatic ones, for certain Services at our discretion. These updates may encompass enhancements, alterations, bug fixes, patches, error corrections, and/or new features collectively referred to as "Updates." Certain components of our Services may not function correctly if you fail to install all updates. By using our Services, you expressly consent to automatic updates, and you acknowledge that the Terms (and any subsequent modifications) will apply to all Updates. We retain the right to alter, suspend, or discontinue any or all of the Services at any time, including the availability of products, features, databases, or content. Furthermore, we are not obligated to provide Updates or maintain specific features or functionalities of any Service. We may impose restrictions on certain Services or limit your access to part or all of the Services without prior notice or liability.
We retain the right to deny the provision of Services to any individual and have the authority to monitor, terminate, or suspend your account or access to the Services at our discretion. While we are not obligated, we reserve the right to observe any accounts and activities associated with the Services, including interactions such as inviting other users to communities or groups. This extends to monitoring a user's utilization of Personal Data and profiles of other users. Your account or access to specific Services may be deactivated, terminated, or suspended under the following circumstances: (1) if, at our sole discretion, we determine that you have violated these Terms or their spirit (as outlined in our Community Guidelines), (2) if, at our sole discretion, we ascertain that your actions pose a risk or potential legal exposure for MotivATE, the general public, any third party, or any user of our Services, (3) in response to requests from law enforcement or other government agencies, (4) upon discontinuation or significant modification of any Services, or (5) due to unforeseen technical issues. We will make reasonable efforts to notify you via email or the next time you attempt to access your account following any such deactivation, termination, or suspension.
Please let us know right away if you believe your account has been hacked or compromised.
We care about the security of our users. While we work hard to protect the security of your Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify our Support Team immediately of any actual or suspected breach or unauthorized access or use of your account.
In the context of our Services, content refers to the material that appears within the app or on the website during your use. User-Generated Content encompasses any content created by you or other users, while MotivATE Content encompasses all other content. For the purposes outlined in these Terms: (i) "Content" encompasses various forms of information, data, or creative expression, including but not limited to video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, "likes," comments, software, scripts, executable files, graphics, geo-data, workouts, workout data, biometric data, and derived data elements, meal or fitness training plans, annotations, nutrition information, recipes, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and similar assets, patents, sounds, applications, and any associated intellectual property. Such content may be generated, provided, or made accessible through the Services. (ii) "User-Generated Content" pertains to any content submitted, transferred, or otherwise provided by a user through the use of the Services. (iii) "MotivATE Content" encompasses all content that does not fall under the category of User-Generated Content.
The content you create is your ownership, and the content we create is our ownership. All MotivATE Content and associated intellectual property rights, including copyrights, trademarks, design rights, patents, and others (whether registered or unregistered), within the Services are the property of MotivATE and/or its partners or relevant third parties. While users maintain ownership and responsibility for the User-Generated Content they create, they grant MotivATE a license for that content, as detailed in Section 2.5 below. MotivATE and/or its partners or third parties retain ownership, responsibility, and/or other relevant rights in all MotivATE Content. Unless explicitly stated in the Terms, no right or license is granted to you for the use of any MotivATE Content, including content owned or controlled by our partners or other third parties. Without written authorization from us, you agree not to replicate, publish, display, distribute, modify, or create derivative works from the material presented through the Services.
Feel free to access and utilize the MotivATE Content and Services. We strive to offer an excellent experience for our users, so we request that you respect our intellectual property rights and use the MotivATE Content and Services as intended. This includes refraining from using any MotivATE Content or Services for commercial purposes without obtaining our permission. We do provide APIs and other tools to assist you in creating your own apps and products—reach out to us for more information. Subject to your adherence to these Terms, we extend to you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and MotivATE Content for your personal, noncommercial purposes. However, it is crucial that you refrain from copying, modifying, creating derivative works, reverse engineering, selling, assigning, sublicensing, granting a security interest in, transferring, or otherwise commercially exploiting any right in the MotivATE Content or Services, whether for yourself or any third party.
Ownership and Use of User-Generated Content: When you share content in connection with our Services, it remains your property. However, you grant us permission to use that content within our Services and make it accessible to others. We retain the right to edit or remove your content from our Services at our discretion, without specifying a reason. Do not post any content that does not belong to you or for which you lack the necessary permissions. Grant of License for User-Generated Content: By providing User-Generated Content to MotivATE through the Services, you provide us and our users with a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license. This license enables us to use, host, store, cache, reproduce, publish, publicly or otherwise display, publicly or otherwise perform, distribute, transmit, modify, adapt, commercialize, create derivative works, and exploit your User-Generated Content in connection with any and all Services. You acknowledge that we have the right to arrange the posting of User-Generated Content as we see fit, without an obligation to provide you with credit. Any credit, if provided, is at our sole discretion, and you are not entitled to compensation for the use of your User-Generated Content. Limited Purpose of the License: The rights granted in this license are limited to the purposes of allowing MotivATE to operate, enabling other users to use the Services as intended, improving the Services, and developing new Services. However, we will not use your User-Generated Content in a manner inconsistent with our Privacy Policy. Monitoring and Modification of User-Generated Content: We retain the right to monitor, remove, or modify User-Generated Content for any reason and at any time, including content we believe violates these Terms, the Community Guidelines, and/or our policies. Respect for Intellectual Property Rights: You agree to respect the intellectual property rights of others. By submitting User-Generated Content in connection with the Services, you represent and warrant that you have all the necessary rights to grant MotivATE the license outlined above. You also agree to indemnify us for any breach of this representation and warranty.
If you choose to share someone else's Personal Data with us, it is essential that you obtain their prior consent. We trust that you find our Services enjoyable and encourage you to share your enthusiasm with your friends. If you decide to use our Services' features to inform a friend about them, we will request the email address or social media profile of your friend. This information may be used to reach out to your friend regarding the Services. While we may store the information you provide for a certain period, we assure you that we will not publicly disclose this information. By sharing third-party contact information for referrals, you affirm that you have the necessary authorization and will indemnify us for any breach of this representation and warranty.
It's important to note that once you make something publicly available on the Internet, removing all copies of it becomes practically impossible in the future. Upon termination of your account or the removal of any User-Generated Content from the Services, we may retain such content for a commercially reasonable period. This retention is for backup, archival, or audit purposes, or as required or permitted by law. Additionally, both MotivATE and its users may continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User-Generated Content that has been stored or shared through the Services. This license to your User-Generated Content persists even if you cease using the Services. When you publicly post something, it may become part of a social conversation with others commenting on it. For more details, please refer to our Privacy Policy.
Our Services frequently incorporate community features, and content posted through these features may become public. While we may, on occasion, monitor our community features, the ultimate responsibility lies with you for your interactions with other users. Please exercise good judgment and maintain fair play. Certain Services may include Interactive Areas such as reviews, discussion forums, conversation pages, blogs, or other interactive features facilitating User-Generated Content and user interaction. You are solely accountable for your use of Interactive Areas and any User-Generated Content you post, including the transmission, accuracy, and completeness of such content. Given that Interactive Areas are often public, be aware that your User-Generated Content may become and remain public. Therefore, refrain from posting any Personal Data in an Interactive Area. While we have the right, we are not obligated, to monitor our community features, you bear sole responsibility for your interactions with other users, both online and in person, encompassing comments, challenges, and friendly competition. We assume no responsibility or liability for any loss or damage resulting from your interactions with other users, individuals you encounter through the Services, or those who connect with you due to Content posted on, by, or through the Services. MotivATE is not obliged to intervene in or assume liability for disputes between its users, and by using our Services, you release MotivATE from any responsibility and liability arising from or related to such disputes.
Community Guidelines: Creating a Positive Environment for All Our Services are designed to provide a safe and supportive space for you to pursue your fitness and wellness goals. To maintain a positive environment, certain standards must be upheld. Please refrain from using our services to post inappropriate material, engage in harassment, send spam, violate intellectual property rights, or act inappropriately. Act reasonably and responsibly at all times. Rules and Expectations: Inappropriate Content: Avoid posting content that is stalking, threatening, hurtful, harassing, abusive, or embarrassing to others. Refrain from making derogatory references based on sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual orientation. Do not endorse violence against any person or group, even if presented humorously. Content that is defamatory, obscene, pornographic, offensive, hateful, inflammatory, or promotes sexually explicit material is strictly prohibited. Hijacking, Trolling, and Flame-baiting: Stay on-topic in existing threads and post new threads in the appropriate forum. Avoid taking a thread off-topic, as this is considered hijacking. Refrain from posts intended to provoke or incite uproar. Promotion of Unsafe Practices: Do not use the Services to promote unsafe or controversial weight loss products or procedures. Avoid contributing content that encourages anorexia, bulimia, or very low-calorie diets. Refrain from glamorizing extreme thinness. No Harm to Minors: Ensure your use of the Services does not harm minors or any individuals. No Disruptions, Exploits, or Resource Abuse: Do not interfere with or damage the operation of the Services through unauthorized use, disruption, automated attacks, exploitation, or resource abuse. No Spam and Junk Mail: Avoid spamming people via posts, replies, or messages. No Illegal Content: Do not advocate, promote, or assist in any fraudulent or illegal acts. No Soliciting Personal Data: Do not post or solicit Personal Data of third parties in Interactive Areas. No Public Posting of Private Conversations: Refrain from publicly posting emails or private messages from other users, moderators, or administrators. No Breach of Legal Duty: Do not post content that breaches any contractual or legal duty owed to a third party. No Deceptive or Fraudulent Links: Avoid posting deceptive or fraudulent links. No Intellectual Property Infringement: Respect the intellectual property of others. No Impersonating MotivATE or Others: Do not post content likely to deceive or impersonate any person. No Automated Querying: Do not send automated queries without our express written permission. Other: Refrain from posting content that may be objectionable or inhibits others from using or enjoying the Services. Enforcement: If we find any violation of these Community Guidelines or the Terms, we may take actions such as terminating your access to the Services, removing your User-Generated Content, legal action against you, or disclosing information to law enforcement authorities. We retain the right to enforce, or not enforce, these guidelines at our discretion, and they do not create a duty or contractual obligation for us to act in any particular manner.
While we strive to maintain a safe and secure community by enforcing the Community Guidelines, inappropriate content may occasionally appear on user-generated content sites. Users abiding by the Community Guidelines greatly contribute to our efforts, but encountering objectionable content before removal is possible. If you come across anything inappropriate, please inform us. Though we require users to adhere to the Community Guidelines and reserve the right to monitor for violations, we cannot guarantee universal compliance at all times. If you believe any content violates the Community Guidelines or if there's misuse of your User-Generated Content, please report it to our Support Team. We hold the right, though not the obligation, to review, take action, or remove any reported User-Generated Content. It's important to understand that accessing or using the Services exposes you to User-Generated Content from various sources. We are not accountable for the accuracy, usefulness, safety, legality, appropriateness, or intellectual property rights of such User-Generated Content. We explicitly state that we are not responsible or liable for any injury or harm resulting from objectionable User-Generated Content or another user's failure to comply with our Community Guidelines. Your safety is important, and your vigilance in reporting inappropriate content helps maintain a positive community environment.
Our Services may connect with, engage with, or be accessible on third-party services or products, including social media platforms and third-party devices. It's important to note that distinct terms and privacy policies govern your use of these third-party services.
You have the option to enable or log in to the Services using various online third-party services, such as social media platforms like Facebook (referred to as "Social Networking Services"). To access these features, we may request you to authenticate, register, or log in to Social Networking Services on their respective provider websites. Through this integration, the Social Networking Services may grant us access to specific information you've provided to them. We will handle, store, and disclose this information in accordance with our Privacy Policy. It's essential to understand that the usage, storage, and disclosure of your information by Third Party Services, including Social Networking Services, are solely governed by their respective policies. We bear no liability or responsibility for the privacy practices or actions of any third-party website or service that may be accessed within the Services. Furthermore, we do not guarantee the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements associated with Social Networking Services. Therefore, we are not responsible for any damage or loss arising from or connected to the use of or reliance on such Social Networking Services.
You may have the option to explore certain third-party links, applications, content, services, promotions, special offers, or other events or activities ("Third-Party Applications") through our Services. Should you choose to access these Third-Party Applications, you might be prompted to log in and synchronize your accounts with these applications. It's important to note that your decision to use any Third-Party Applications is entirely voluntary, and you assume all associated risks; we disclaim any liability related to your access and use of such applications. Furthermore, we do not guarantee the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements provided by any Third-Party Applications. Consequently, we are not responsible for any damage or loss, whether actual or alleged, arising from or connected to the use of or reliance on any such Third-Party Applications.
You can access our Services on third-party devices or other products referred to as "Third-Party Products." Some features of the Services may necessitate the purchase of these Third-Party Products (e.g., fitness trackers, smart scales, etc.). While we may recommend or promote products from specific partners, we bear no responsibility for your acquisition or utilization of any Third-Party Products. Additionally, we cannot guarantee that Third-Party Products will seamlessly integrate with the Services or be free of errors. We explicitly disclaim any liability associated with Third-Party Products, including those offered by our partners.
While we endeavor to provide compatibility across various platforms, we cannot assure that the App is compatible with every device. If you encounter any questions or issues, please reach out to Customer Support for assistance; we are here to help. When using the App, standard data and messaging rates will be applicable, and you must adhere to the regulations of the app store from which you are downloading.
We grant you a restricted, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the App. This license applies to the version downloaded directly from a legitimate marketplace, exclusively in object code format, and solely for your personal use for lawful purposes. Any open source or third-party code integrated into the App is subject to the relevant open source or third-party license EULA, if applicable, that authorizes its use.
If you download the App from a third-party app store (referred to as the "App Provider ''), you acknowledge and agree that: The Terms constitute an agreement between you and us, not with the App Provider. In this relationship, MotivATE is solely responsible for its applications. The App Provider has no obligation to offer maintenance and support services for the App. In the event of any failure of the App to meet any applicable warranty: (i) You may notify the App Provider, and the App Provider may refund the purchase price for the App to you (if applicable). (ii) To the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation concerning the App. (iii) Any other claims, losses, liabilities, damages, costs, or expenses arising from a failure to meet any warranty will be MotivATE's responsibility as compared to the App Provider. The App Provider is not responsible for addressing any claims you may have related to the App or your possession and use of the App. In the event of a third party claiming that the App infringes on another party's intellectual property rights, MotivATE will be responsible for investigating, defending, settling, and discharging any such claim to the extent required by these Terms, as opposed to the App Provider. The App Provider and its subsidiaries are considered third-party beneficiaries of these Terms concerning your license to the App. Upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms regarding your license of the App against you as a third-party beneficiary thereof. You must also adhere to all applicable third-party terms of service when using the App.
Ensuring the well-being of our users as they pursue their fitness and wellness objectives is a top priority. Exercise responsible behavior, exercise your best judgment, and apply common sense while utilizing our Services. It's essential to note that our Services are offered solely for informational purposes. We cannot be held responsible if you encounter an injury or face a health condition. While the majority of content shared by our community members is beneficial, it originates from individuals on the internet whom you may not know personally. It should never override sound judgment or substitute for professional medical advice.
MotivATE places a high priority on your safety. Before engaging in any fitness, wellness, or dietary programs ("Programs") offered through our Services, it is crucial to consult with your healthcare provider(s) and carefully assess associated risks. By using our Services, you affirm, represent, and warrant that you have obtained approval from your physician to participate in the Programs and related activities. Additionally, you acknowledge and warrant that you have consulted your physician before making any dietary changes based on information provided by our Services. Recognizing that individual conditions and abilities vary, and engaging in the Programs and other activities promoted by our Services carries inherent risks, you assume all associated risks willingly. Participation in these activities is at your own risk, and you acknowledge this voluntarily. Even individuals in good health may face risks associated with the Programs and activities promoted by our Services. You expressly agree that any athletic activities generating User-Generated Content (e.g., workout exercises) posted on or via the Services come with inherent and significant risks, including property damage, bodily injury, or death, and you willingly assume all known and unknown risks associated with these activities. Subject to the provisions outlined in these Terms and to the maximum extent permitted by applicable law, we disclaim direct or indirect responsibility or liability for any injuries, illnesses, or damages resulting from your use of, or inability to use, any Services or features, including any Content or activities accessed through our Services. This disclaimer applies even if such harm is caused in whole or in part by the actions, inaction, or negligence of MotivATE or others.
We do not guarantee the accuracy, reliability, completeness, or timeliness of any Content available through the Services, and we do not commit to updating such Content. User-Generated Content, including advice, statements, or other information related to food, nutrition, dietary guidance, exercise, training, athletic activities, and entries in the exercise database, is the sole responsibility of the user who originated it and should not be relied upon without independent verification. All information is provided "as is" without any representation, warranty, or condition regarding its accuracy or reliability. MotivATE's food database ("Food Database") contains nutritional information contributed by both MotivATE and its members. Any user of the Services can contribute to or edit nutritional information in the Food Database. Please be aware that nutritional information in the Food Database has not undergone review by experts with the required expertise to provide complete, accurate, or reliable information. MotivATE does not (i) guarantee the accuracy, completeness, or usefulness of any nutritional information or ingredients in the Food Database, or (ii) endorse or accept responsibility for the accuracy or reliability of such nutritional information. To the extent permitted by applicable law, MotivATE will not be responsible for any loss or damage resulting from your reliance on nutritional information. You are solely responsible for ensuring that any nutritional information in the Food Database is accurate, complete, and useful. Not all users identifying themselves as professional trainers or licensed dieticians may hold licenses in all applicable jurisdictions. MotivATE has no obligation to verify the licensing status of users who identify themselves as licensed trainers or dieticians. If you represent yourself as a licensed trainer or dietician, you warrant that you are licensed for the services you provide in the jurisdiction where you offer your services. Users should be aware that even if a user is a licensed trainer in one jurisdiction, it does not imply licensing in the jurisdiction from which other users access the user's advice. Relying on advice from other users is at your own risk. To the extent permitted by applicable law, MotivATE will not be responsible or liable for any loss or damage resulting from your reliance on information or advice provided by any user of our Services.
All services offered through the Services, including Content, are solely for informational purposes. MotivATE is not a medical professional and does not provide medical services or advice. The information and reports generated by us are not a substitute for physician consultation, evaluation, or treatment. The information provided on or through the Services should not be relied upon for making medical decisions, diagnosing or treating health conditions, or illnesses. Using the Services does not establish a doctor-patient relationship between you and MotivATE. Before beginning any dietary programs, exercise regimens, or other fitness or wellness activities referenced, discussed, or offered under the Services, you should seek the advice of a physician or medical professional. If you are undergoing treatment for a health condition, taking prescription medication, or following a therapeutic diet, consult with your physician before using the Services. By using the Services, you represent that you are not seeking medical attention through the Services. You agree to consult your physician before using the Services, especially if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive from the Services conflicts with your physician's advice, follow your physician's guidance. The Premium Services offer specialized Content, including coaching and guidance on fitness regimens and meal planning ("Plans"). The Plans are not a medical or health service, and they do not provide diagnosis, treatment, or advice for dietary or health conditions. For any dietary or health conditions or illnesses, consult physicians and licensed healthcare professionals for diagnosis, treatment, and advice. Your interactions with the Plans do not create a physician-patient relationship or a fiduciary duty. You are solely responsible for your interactions with the Plans.
The success stories shared by users or MotivATE on our Services may not reflect typical or accurate results from specific fitness activities or diets. MotivATE, to the extent permitted by applicable law, disclaims any obligation or liability associated with the accuracy, reliability, or effectiveness of fitness activities or dietary recommendations mentioned in user success stories.
The Services aim to offer information to support your wellness and fitness endeavors. Certain Services involve tracking your physical movements and sleep patterns ("Activity Tracking Services"). These services utilize sensors and/or GPS functionality to monitor your movement or rest. While the data and information provided by Activity Tracking Services are intended to represent your activity, they may not be entirely accurate, including step count, sleep duration, distance, or calorie data. By using Activity Tracking Services, you acknowledge and agree that MotivATE is not responsible or liable for any inaccuracies in such data.
If you are a resident of New Jersey or the Netherlands:
Regardless of anything stated in these Terms, our responsibility for losses or damages resulting from MotivATE’s fraud, recklessness, gross negligence, or willful misconduct is not limited or excluded.
We retain the right to amend these Terms by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of significant changes to the Terms, typically via email when feasible, and otherwise through the Services (such as through a notification on the home page of the MotivATE website or in the app). Amendments will not have retrospective application unless mandated by law. Occasionally, we might request you to review and explicitly agree to or reject a revised version of the Terms. In such instances, amendments will take effect when you consent to the modified version of the Terms. If you do not agree at that time, you are not allowed to use the Services. When explicit agreement is not sought for a modified version of the Terms, the altered Terms will be effective as of the date specified in the Terms. Your decision to maintain an account, access, or use the Services (irrespective of whether you create an account with us) following that date signifies your acceptance of the terms and conditions of the modified Terms. If you disagree with the modifications, you are not allowed to use, and should cease your use of, the Services.