Last updated February 5th 2025
Welcome, and thank you for your interest in Motiv Mouse (“Motiv Mouse,” “we,” “our,” or “us”) and our mobile application, along with our related websites, networks, and services (collectively, the “Service”). These Terms of Service are a legally binding contract between you (“you” and “your”) and Motiv Mouse regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING MOTIV MOUSE’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible to use the Service (under the age of 13 years, or a minor without parental permission), or do not agree to the Terms, then you do not have our permission to use the Service and you are expressly prohibited from using the Service and must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on-line by Motiv Mouse from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after the date such revised Terms are posted.
Motiv Mouse provides a motivational application designed to assist users in achieving their personal goals through various features, including but not limited to:
- AI-powered conversational interactions utilizing ChatGPT technology
- Goal setting and tracking capabilities
- Personalized motivational content
- User authentication via Google Sign-In and Apple Sign-In
- Subscription-based premium features
You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that:
(1) you have the legal capacity and you agree to comply with these Terms;
(2) you are not under the age of 13;
(3) you are not a minor in the jurisdiction in which you reside, or if a minor, you are 13 years old or older and you have obtained the permission of, and will be directly supervised by, your parent or guardian in connection with the use of the Service, and your parent or guardian has read and agreed to these Terms prior to you using the Service; If we discover that an account has been created for a user under 13, we will promptly delete the account and associated data in compliance with our Privacy Policy.
(4) If you are between the ages of 13 and 18, you may use the Service, including ChatGPT features, only with the consent and direct supervision of your parent or legal guardian. By allowing you to use the Service, your parent or legal guardian agrees to these Terms on your behalf.
(5) your registration and your use of the Service is in compliance with all applicable laws and regulations;
(6) you will not access the Service through automated or non-human means, whether through a bot, script or otherwise;
(7) you will not use the Service for any illegal or unauthorized purpose;
(8) your use of the Service will not violate any applicable law or regulation;
(9) you have not previously been suspended or removed from the Service; and
(10) if you are using the Service on behalf of an entity, organization or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
To access most features of the Service, you must register for an account. You may register using your Google account Apple ID or create a separate account for use of the Service. When you register, you agree to:
(a) Provide accurate, current, and complete account information
(b) Maintain and promptly update your account information
(c) Maintain the security of your account credentials
(d) Not share your account credentials with third parties
(e) Promptly notify Motiv Mouse if you discover or suspect any security breaches related to your account
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and current or future use of the Service (or any portion thereof).
You are solely responsible for all activities that occur under your account, whether or not you authorized the activity. Motiv Mouse is not liable for any loss or damage arising from your failure to comply with the above requirements.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
4.1. Subscription Service. Certain features of the Service may require you to pay fees through our subscription service ("Premium Features"). Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in USD and are non-refundable, except as required by law.
4.2. Price Changes. Motiv Mouse reserves the right to change the pricing of any Premium Features at any time. If you have an active subscription, we will notify you at least 30 days in advance before implementing any price changes that affect your billing cycle. If you do not cancel before the renewal date, you agree to the new pricing.
4.3. Billing. We use RevenueCat to process all payments. By providing a payment method, you expressly authorize us and the payment processor to charge you for all fees and taxes associated with your subscription. If a payment is not successfully processed due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts.
4.4. Automatic Renewal. Unless you cancel your subscription at least 24 hours before the end of the current billing period, your subscription will automatically renew, and you authorize us to collect the then-applicable subscription fee and any taxes using any payment method we have on record for you. Upon cancellation, you will retain access to Premium Features until the end of your current billing period, after which your subscription will not renew. No partial refunds will be issued for cancellations made during an active billing cycle.
5. Third-Party Services
5.1. Integration Partners. The Service integrates with various third-party services to provide its functionality, including:
- Firebase for data storage and backend services
- RevenueCat for subscription management
- Google Sign-In and Apple Sign-In for authentication
- OpenAI's ChatGPT for conversational interactions
5.2. Third-Party Terms. Your use of these third-party services is subject to their respective terms of service and privacy policies. Motiv Mouse is not responsible for the practices of any third-party service providers.
5.3. Third-Party Account Information. If you enable account connections with third-party services, you authorize Motiv Mouse to access and use your third-party account information in accordance with our Privacy Policy and the authorization procedures determined by the third-party service.
5.4. Disclaimer of Third-Party Services. Motiv Mouse does not control third-party services and makes no guarantees about their availability, reliability, or security. YOUR USE OF THIRD-PARTY SERVICES IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS AND IS AT YOUR OWN RISK.
6.1. Privacy Policy. Your privacy is important to us. Our Privacy Policy, available at motivmouse.com/privacy-policy
, explains how we collect, use, share, and protect your personal information when you use the Service. By using the Service, you agree to the collection and use of your information in accordance with our Privacy Policy.
6.2. Data Security. We implement industry-standard technical and organizational security measures to protect your personal information, including:
- Secure data storage through Firebase
- Encrypted data transmission
- Secure credential management through Google Secret Manager
However, no security system is impenetrable, and we cannot guarantee the absolute security of your data.
6.3. Data Rights. Depending on your location, you may have certain rights regarding your personal data:
- Right to access your personal information
- Right to correct inaccurate data
- Right to request deletion of your data
- Right to restrict or object to processing
- Right to data portability
- Right to withdraw consent
To exercise these rights, please contact us at support@motivmouse.com
7.1. User Content. "User Content" means any content that users submit, post, or transmit through the Service, including:
- Goals and progress tracking data
- Communications with the ChatGPT integration
- Profile information
- Any other user-generated content
7.2. Content License. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license, solely for your personal and non-commercial use, to (i) access the Service; and (ii) download or print a copy of any portion of the content to which you have properly gained access. You retain ownership of your User Content. However, by submitting User Content to the Service, you grant Motiv Mouse a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised to provide and improve the Service.
7.3. Content Restrictions. You agree not to create, post, store or share any User Content that:
- Violates any applicable law or regulation
- Infringes any third party's intellectual property rights
- Contains viruses or malicious code
- Is false, misleading, or deceptive
- Is defamatory, obscene, pornographic, or offensive
- Promotes discrimination or hatred
- Could harm minors in any way
- Constitutes unsolicited commercial communications
7.4. Monitoring and Enforcement. We reserve the right, but are not obligated, to:
- Monitor or review User Content
- Remove or disable access to any User Content
- Suspend or terminate users' access to the Service
- Take any other action we deem appropriate
8.1. Ownership of Service. The Service, including all content, features and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof), are owned by Motiv Mouse, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
8.2. License to Use Service. Subject to these Terms, Motiv Mouse grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to:
- Download, install, and use the Service on compatible devices that you own or control
- Access and use the Service for your personal and non-commercial use
8.3. Restrictions. You may not:
- Copy, modify, or create derivative works of the Service
- Reverse engineer, decompile or disassemble the Service
- Remove or alter any copyright, trademark, or other proprietary notices
- Transfer, sublicense, lease, lend, rent or otherwise distribute the Service to third parties
- Use the Service for any commercial purpose
- Use the Service in violation of these Terms
9.1. Use of ChatGPT. The Service includes conversational AI features powered by OpenAI's ChatGPT. By using these features, you agree to:
- Use the AI features in compliance with OpenAI's Terms of Use
- Not attempt to manipulate or exploit the AI system
- Not use the AI features for any prohibited purposes
- Acknowledge that AI-generated responses may not always be accurate or appropriate
9.2. Content Moderation. All interactions with ChatGPT are subject to:
- Automated and manual content moderation
- ChatGPT interactions are processed through OpenAI's API, which does not retain conversation data beyond 30 days. However, Motiv Mouse retains ChatGPT conversation history in Firebase for user experience enhancement. Users can request deletion of their stored conversations."
- OpenAI's content filtering and safety systems
9.3. AI-Generated Content. You acknowledge that:
10.1. General Prohibitions. You may not access or use the Service for any purpose other than that for which we make the Service available.
You agree not to:
- Use the Service for any illegal purpose
- Harass, threaten, or intimidate other users
- Impersonate any person or entity
- Attempt to gain unauthorized access to any portion of the Service which is not made or intended to be accessible to you
- Interfere with or disrupt the Service
- Upload or transmit malware or other malicious code
- Engage in automated data collection without permission
- Attempt to circumvent any technological measure implemented by Motiv Mouse
- Use the Service in any manner that could disable, overburden, or impair the Service
10.2. API and System Abuse. You may not:
- Make automated requests to our servers
- Exceed rate limits on API calls
- Attempt to probe, scan, or test the vulnerability of our systems
- Access areas of the Service not intended for users
10.3. Commercial Restrictions. Unless explicitly authorized, you may not:
- Sell, resell or lease the Service
- Use the Service for commercial purposes
- Create derivative applications based on the Service
- Copy or mirror any part of the Service
- Use the Service as part of any effort to compete with us or otherwise use the Service and/or the content for any revenue-generating endeavor or commercial purpose.
- Use the Service to advertise or offer to sell goods or services
10.4. Enforcement. Violation of these prohibitions may result in:
- Immediate account termination
- Loss of access to the Service
- Legal action if appropriate
- Reporting to law enforcement authorities
11.1. Term. These Terms commence on the date you first accept them and continue until terminated as described below.
11.2. Termination by You. You may terminate these Terms at any time by:
- Canceling your subscription through your device's app store settings
- Deleting your account through the Service
- Uninstalling the application and discontinuing use of the Service
11.3. Termination by Motiv Mouse. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including:
- Violation of these Terms
- Suspected fraudulent, abusive or illegal activity
- Extended periods of inactivity
- Non-payment of any fees
- Upon request by law enforcement or government agencies
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name or the name of any third party, even if you may be acting on behalf of a third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive relief.
11.4. Effect of Termination. Upon termination or suspension of your account:
- Your right to use the Service will immediately cease
- Your access to your account will be disabled
- Any outstanding payment obligations will become immediately due
- We may delete your account and User Content
- Sections 8.1, 11, 12, 13, 14, 20, and 21.1 of these Terms will survive termination
11.5. Data Retention. Following termination or suspension of your account:
12.1. Service "As Is." THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. MOTIV MOUSE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- TITLE AND NON-INFRINGEMENT
- WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
12.2. Technical Disclaimers. MOTIV MOUSE DOES NOT WARRANT THAT:
- THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
- DEFECTS WILL BE CORRECTED
- THE SERVICE OR SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS
- THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE
12.3. AI Feature Disclaimers. REGARDING THE CHATGPT INTEGRATION:
- RESPONSES ARE GENERATED BY AI AND MAY NOT BE ACCURATE
- THE SERVICE MAKES NO GUARANTEES ABOUT THE APPROPRIATENESS OF AI-GENERATED CONTENT
- USERS SHOULD EXERCISE JUDGMENT WHEN ACTING ON AI-GENERATED ADVICE
- AI FEATURES MAY BE MODIFIED OR DISCONTINUED AT ANY TIME
12.4. Third-Party Service Disclaimers. MOTIV MOUSE MAKES NO WARRANTIES REGARDING:
- THIRD-PARTY SERVICES INTEGRATED WITH THE SERVICE
- THE CONTINUED AVAILABILITY OF THIRD-PARTY SERVICES
- THE SECURITY OF DATA TRANSMITTED TO THIRD-PARTY SERVICES
13.1. Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOTIV MOUSE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION:
- LOSS OF PROFITS
- LOSS OF DATA
- LOSS OF GOODWILL
- SERVICE INTERRUPTION
- COMPUTER DAMAGE
- SYSTEM FAILURE
- PERSONAL OR BODILY INJURY
- EMOTIONAL DISTRESS
ARISING OUT OF OR IN CONNECTION WITH:
- USE OF THE SERVICE
- INABILITY TO USE THE SERVICE
- UNAUTHORIZED ACCESS TO YOUR ACCOUNT
- ANY COMMUNICATIONS OR USER CONTENT
13.2. Maximum Liability. IN NO EVENT SHALL MOTIV MOUSE'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF:
- $100 USD
- THE AMOUNT YOU PAID MOTIV MOUSE IN THE 12 MONTHS PRECEDING THE CLAIM
13.3. Basis of Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOTIV MOUSE AND YOU.
14.1. Agreement to Arbitrate. You and Motiv Mouse agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be settled by binding arbitration, except that each party retains the right to:
- Bring an individual action in small claims court
- Bring an action for injunctive relief to stop unauthorized use or abuse of the Service
- Bring an action regarding intellectual property rights
14.2. Arbitration Procedures. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in English. The arbitration will be held inthe State and County of New York, unless agreed otherwise.
14.3. Class Action Waiver. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST MOTIV MOUSE ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14.4. Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. In the event you prevail, we will reimburse you for those fees for claims totaling less than $10,000.
14.5. Opt-Out Right. You have the right to opt out of this agreement to arbitrate by sending written notice to support@motivmouse.com within 30 days after first accepting these Terms.Upon receiving your opt-out request, we will send you a written confirmation via email. If you do not receive confirmation within 7 days, please follow up to ensure your request was processed.
15.1. Use of AI Features
- The Service integrates OpenAI's ChatGPT for conversational interactions
- Users aged 13-18 require parental consent for AI features
- AI interactions must comply with OpenAI's Terms of Use
- AI features may be modified or limited based on availability
15.2. Content Generation and Responsibility
- AI-generated content is for informational purposes only
- Users are responsible for evaluating AI suggestions
- We do not guarantee accuracy of AI-generated content
- AI responses are subject to content moderation
15.3. AI Feature Limitations
- AI features may be unavailable at times
- Responses may be filtered or modified for safety
- Usage limits may apply to prevent abuse
- We reserve the right to monitor AI interactions
16.1. Premium Features
- Certain features require paid subscription
- Premium features may change over time
- Access continues only with active subscription
- Premium status may affect AI feature limits
16.2. Beta Services
- Beta features provided "as is"
- No guarantee of feature permanence
- May require additional terms of use
- Subject to modification without notice
16.3. Testing and Feedback
- Users may be invited to test new features
- Feedback is voluntary and non-confidential
- Beta features may be unstable
- No compensation for testing or feedback
17. Platform-Specific Requirements
17.1. Apple App Store Requirements
- These Terms are between you and Motiv Mouse
- Apple has no maintenance obligations
- Refunds handled through Apple App Store
- Apple is a third-party beneficiary
- Must comply with App Store guidelines
17.2. Google Play Store Requirements
- Must follow Google Play policies
- Google may enforce these Terms
- Payments processed through Google Play
- Downloads only through official store
17.3. Platform Updates
- App updates may be required
- Platform-specific features may vary
- Different platforms may have different features
- Subject to platform-specific restrictions
We will maintain certain data that you transmit to us in connection with the use of the Service for the purpose of managing the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service.
California Residents: If you are a California resident, you have rights under the California Consumer Privacy Act ("CCPA") and other applicable California laws. These include the right to know what personal data we collect, the purposes for which it is used, and the right to request deletion of your personal data. For more details on your rights and how to exercise them, please refer to our Privacy Policy.
European Union Users: If you are located in the European Union ("EU"), we process your personal data in accordance with the General Data Protection Regulation ("GDPR"). This includes your rights to access, correct, delete or restrict the processing of your personal data, as well as your right to data portability and the right to withdraw consent for processing. For more details on your rights please refer to our Privacy Policy.
Other International Users: For users located outside of California or the EU, we comply with the data protection and privacy laws applicable in your jurisdiction. By using our services, you consent to the processing of your information in accordance with these laws and our Privacy Policy.
19. Changes and Modifications
We reserve the right to change, modify or remove any aspect of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information included as part of the Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
We cannot guarantee the Service will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays or errors.
We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.
Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates or releases in connection therewith.
You agree to defend, indemnify and hold us harmless, including our affiliates and all of our owners, officers, agents, partners and employees from and against any loss, damage, liability, claim or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of:
- Use of the Service
- breach of these Terms
- any breach of your representations and warranties set forth herein
- your violation of the rights of third parties, including any intellectual property rights
- any overt harmful act toward another user of the Service
21.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
21.2. Electronic Communications, Transactions and Signatures. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email or post on our website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto.
21.3. Entire Agreement. These Terms constitute the entire agreement between you and Motiv Mouse regarding the Service and supersede all prior agreements and understandings.
21.4. Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and does not affect the validity and enforceability of any remaining provisions.
21.5. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.
21.6. No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
21.7. Force Majeure. We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control.
21.8. Corrections. There may be information that contains typographical errors, inaccuracies or omissions that may relate to the use of the Service, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time without prior notice.
21.9. Contact Information. Questions about these Terms or use of the Service should be sent to support@motivmouse.com
