Terms of Service

These Terms of Use (“Terms”) explain the terms that apply when you use our online and/or mobile services, website (“Site”), software, care coordination services, and all related applications (a “User” or “You”) in connection with the services (collectively, the “Services”) provided by MOTA Care LLC (“MOTA,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the MOTA website, applications, and related services (collectively, the “Service”).

By accessing or using the Services, you represent that:

Your access and use of the Services will be subject to additional terms (“Additional Terms”), and such Additional Terms will either be linked to from the Terms or will be presented to you for your acceptance when you register for the Services. All Additional Terms are incorporated into the Terms by reference. If the Terms are inconsistent with the Additional Terms, the Additional Terms control with respect to such Service. Please note that we reserve the right to modify or supplement these Terms at any time and will provide notice of these changes as described below. This Agreement applies to all visitors, Users, and others who access or use the Services.

MOTA provides organizational and planning tools designed to help users better understand and navigate health-related information, including information derived from publicly available clinical guidelines and user-provided inputs. MOTA provides its online and/or mobile services to the public for educational purposes only, and the information provided through this Site should in no way be taken to be the provision or practice of medical, health care, or cancer diagnosis; advice; or be considered a substitute for a call, visit, consultation, or advice from your health care providers.

Use of MOTA is at your own discretion and risk. The Services are intended for users located in the United States.

To access certain Services, you must register for an account (“Account”) and provide information about yourself (collectively “Account Information”). You warrant that: (a) You are at least eighteen (18) years old, and (b) all required Account Information provided over the course of your use of the Services is, and will be, truthful, up-to-date, complete, and accurate. You are responsible for safeguarding your account credentials and for all activity conducted through your account. You agree to notify MOTA promptly of any actual or suspected unauthorized access to or use of your account, or of any other security incident, by contacting us at hello@mota.care.

MOTA is not responsible for any losses or damages resulting from your failure to protect your account information or comply with these requirements. We may take reasonable measures as necessary to help maintain the security of the Services and your account information. For your protection, we recommend avoiding access to the Services on shared or public computers and refraining from saving account passwords in browsers or other software.

You may request to terminate your Account at any time by contacting us at hello@mota.care

You agree not to use the Services to collect, upload, transmit, display, publish, or distribute any User Content that:

(i) infringes, misappropriates, or otherwise violates any third party’s intellectual property, proprietary, privacy, or other legal rights;
(ii) is unlawful, fraudulent, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, or patently offensive, or that promotes discrimination, racism, bigotry, hatred, or physical harm against any individual or group;
(iii) is harmful to minors in any manner; or
(iv) violates any applicable law, regulation, or any obligations or restrictions imposed by a third party.

You agree that you will not, and will not attempt to, engage in any of the following activities:

(a) falsely represent yourself as another person or entity, or otherwise misstate your relationship or affiliation with any individual or organization;

(b) access or use the Services in a manner that violates any applicable local, state, federal, or international law or regulation;

(c) attempt to access, derive, or recreate the source code or underlying structure of the Services by reverse engineering, decompiling, disassembling, translating, or similar means, except where such conduct is expressly permitted by applicable law;

(d) distribute or transmit through the Services any unauthorized advertising, promotional content, spam, junk mail, chain messages, pyramid schemes, or other unsolicited or repetitive communications;

(e) interfere with, disrupt, compromise, or attempt to gain unauthorized access to the Services or any related systems or networks, including by introducing malicious software or engaging in activities such as flooding, spamming, mail bombing, or system crashes;

(f) collect, extract, or compile information about other users without their explicit permission;

(g) engage in conduct that harasses, threatens, or otherwise interferes with another user’s ability to access or enjoy the Services; or

(h) use the Services in any way that goes beyond, bypasses, or conflicts with the access and usage rights granted under these Terms.

In addition, you agree to communicate respectfully and professionally when interacting with MOTA personnel, contractors, affiliates, or agents involved in providing or supporting the Services. Abusive, obscene, threatening, or otherwise unlawful or inappropriate conduct is strictly prohibited.

MOTA reserves the right, but has no obligation, to review, monitor, or remove any User Content and to investigate and take appropriate action, in its sole discretion, if you violate this Acceptable Use Policy, any other provision of these Terms, or otherwise create potential liability for MOTA or any third party. These measures may include removing or editing User Content, temporarily suspending or permanently terminating your account in accordance with the Privacy Policy, and, where appropriate, referring the matter to law enforcement or other governmental authorities.

If you provide MOTA with any feedback, comments, or suggestions regarding the Services (“Feedback”), you hereby irrevocably assign to MOTA all right, title, and interest in and to such Feedback. MOTA may use, reproduce, modify, distribute, and otherwise exploit the Feedback for any purpose, without restriction or compensation to you. All Feedback will be treated as non-confidential and non-proprietary.

The information provided by MOTA through its Services is for general educational and informational purposes only and does not constitute medical, health, or professional advice.

MOTA does not provide medical advice, establish a doctor-patient or other healthcare provider-patient relationship, or offer personalized medical guidance or treatment recommendations. The Services are not intended to replace professional medical advice, diagnosis, or treatment, or consultations with licensed physicians or other qualified healthcare professionals.

Any information, recommendations, or guidance made available through the Services are intended to support, not substitute for, discussions with qualified clinicians. You should always seek the advice of a licensed healthcare provider with any questions you may have regarding a medical condition or before making decisions related to your health or treatment.

MOTA makes no guarantees regarding outcomes, health results, diagnoses, or decisions made by users. We do not guarantee that the Service will meet your expectations, be error-free, or be continuously available.

The Services are intended for use solely within the United States of America. MOTA makes no representation that the Services are appropriate, available, or lawful for use outside the United States or in all states or territories within the United States.

If you access, visit, or use the Services from outside the United States, you acknowledge and agree that: (i) any information you provide to MOTA, or that is otherwise collected through your use of the Services, may be transferred to, stored, and processed in the United States; and (ii) by accessing or using the Services or submitting information through the Services, you expressly consent to the transfer, storage, and processing of such information in the United States in accordance with these Terms and MOTA’s Privacy Policy.

Access to the Services from jurisdictions where such access is illegal is prohibited. MOTA does not warrant or represent that the Services are available for use in all states and territories of the United States. You are solely responsible for complying with all applicable local laws regarding your access to and use of the Services.

Except for any User Content that you submit, you acknowledge and agree that all right, title, and interest in and to the Services, including all content, software, functionality, design, text, graphics, images, audio, video, and other materials (collectively, the “Service Content”), are owned by or licensed to MOTA and are protected by United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

The compilation, selection, arrangement, and presentation of the Service Content, as well as all software and underlying technology used in connection with the Services, are the exclusive property of MOTA or its licensors and are protected by applicable intellectual property laws.

Subject to your compliance with these Terms, MOTA grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and Service Content solely for your personal, non-commercial use. No rights, title, or interest in or to the Services or any intellectual property rights are transferred to you, except for the limited access rights expressly granted in these Terms.

You may not copy, reproduce, distribute, publicly display, perform, modify, create derivative works from, sell, license, or otherwise exploit any portion of the Services or Service Content, in whole or in part, without MOTA’s prior written consent, except as expressly permitted by these Terms or applicable law.

All rights not expressly granted to you are reserved by MOTA and its licensors. Any unauthorized use of the Services or Service Content automatically terminates the license granted under these Terms without notice.

Subject to your compliance with these Terms, MOTA grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial use, and only as expressly permitted by these Terms and any additional terms you may have entered into with MOTA (the “Access Rights”).

The Access Rights granted to you are subject to the following restrictions. You may not, directly or indirectly:

(a) sell, rent, lease, license, sublicense, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion thereof;
(b) access or use the Services to build or support a competing or substantially similar product, service, or website;
(c) frame or use framing techniques to enclose any MOTA trademark, logo, or other proprietary information, including images, text, page layout, or forms;
(d) use meta tags or other “hidden text” using MOTA’s name, trademarks, or service marks;
(e) modify, adapt, translate, merge, create derivative works from, disassemble, decompile, reverse compile, or reverse engineer any portion of the Services, except to the extent expressly permitted by applicable law;
(f) use any manual or automated tools, software, devices, or processes (including spiders, robots, scrapers, crawlers, or data-mining tools) to access, scrape, or download data from the Services; or
(g) copy, reproduce, distribute, republish, download, display, post, or transmit any portion of the Services except as expressly authorized by these Terms.

MOTA reserves the right to modify, suspend, or discontinue the Services, in whole or in part, at any time, with or without notice, to the extent permitted by applicable law. MOTA shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

Except for any User Content you submit, all right, title, and interest in and to the Services, including all content, software, functionality, design, text, graphics, images, and other materials, are owned by or licensed to MOTA or its third-party licensors and are protected by United States and international intellectual property laws.

The compilation, selection, arrangement, and presentation of the Services are the exclusive property of MOTA. These Terms do not grant you any ownership interest in the Services or any intellectual property rights, except for the limited Access Rights expressly granted above. All rights not expressly granted are reserved by MOTA and its licensors. Any unauthorized use of the Services automatically terminates the licenses granted under these Terms.

The Services may contain links to third-party websites or services and/or display advertisements for third parties (“Third-Party Links & Ads”). Such Third-Party Links & Ads are not under MOTA’s control, and MOTA does not review, approve, monitor, endorse, or make any representations regarding them.

Your interactions with Third-Party Links & Ads are solely between you and the applicable third party and are subject to that party’s terms, policies, and privacy practices. You access Third-Party Links & Ads at your own risk, and MOTA disclaims all responsibility and liability arising from such interactions.

You are solely responsible for your User Content and interactions with other users. MOTA does not control User Content and is not responsible for any User Content provided by you or others. MOTA has no obligation to become involved in disputes between users and disclaims liability for any loss or damage resulting from such disputes or interactions.

Our Privacy Policy is located here www.mota.care/privacy-policy. By using the Services, you consent to our processing of your information consistent with our Privacy Policy. Please review the Privacy Policy for a description of how we may collect and use your personal data. The Privacy Policy is hereby incorporated into these Terms by reference and constitutes a part of these Terms.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOTA CARE LLC (“MOTA”) AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY (EXCEPT AS REQUIRED BY LAW), WRONGFUL DEATH, LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, MOTA’S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:
(a) THE TOTAL AMOUNT PAID BY YOU TO MOTA FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR
(b) ONE HUNDRED U.S. DOLLARS (US $100).

THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING CALIFORNIA LAW, SUCH AS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR ANY LIABILITY THAT MAY NOT BE DISCLAIMED UNDER CALIFORNIA CONSUMER PROTECTION STATUTES. TO THE EXTENT ANY IMPLIED WARRANTY OR LIABILITY CANNOT BE DISCLAIMED OR LIMITED AS A MATTER OF LAW, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF MOTA’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MOTA, and its parents, subsidiaries, affiliates, officers, directors, members, managers, employees, contractors, agents, partners, and licensors (collectively, the “MOTA Parties”) from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

(a) your access to or use of the Services in violation of these Terms; (b) any User Content you submit, post, transmit, or otherwise make available through the Services; (c) your violation of any rights of any third party, including intellectual property, privacy, or publicity rights; or (d) your violation of any applicable law, rule, or regulation.

MOTA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with MOTA in asserting any available defenses and in the conduct of such defense. You may not settle any such matter without MOTA’s prior written consent, which shall not be unreasonably withheld, if the settlement imposes any obligation or liability on any MOTA Party.

This indemnification obligation will survive any termination or expiration of these Terms and your access to or use of the Services.

The Effective Date of these Terms is set forth at the top of this page. MOTA may update or modify these Terms from time to time in its discretion.

If MOTA makes material changes to these Terms that affect your rights or obligations, MOTA will provide you with advance notice, where required by applicable law, by one or more of the following methods: (i) sending an email to the most recent email address you have provided to MOTA, and/or (ii) posting a prominent notice of the changes on the Services or website. You are responsible for keeping your contact information up to date.

Notice will be deemed effective when sent, regardless of whether the notice is actually received, including if an email is returned as undeliverable or filtered as spam, to the extent permitted by applicable law.

Unless otherwise stated, any changes to these Terms will become effective no earlier than thirty (30) days after notice is provided. Changes will apply immediately to users who first access or use the Services after the effective date of the updated Terms.

Your continued access to or use of the Services after the effective date of the updated Terms constitutes your acknowledgment of and agreement to be bound by the revised Terms. If you do not agree to the updated Terms, you must discontinue your use of the Services before the effective date of the changes.

By accessing or using the Services, you consent to receive electronic communications from MOTA (“Communications”), including notices, disclosures, and updates related to the Services. Communications may be provided via email, SMS text message, push notification, or posting within the Services, using the contact information you have provided.

You agree that electronic Communications satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law. Communications are deemed provided when sent, regardless of whether you actually receive or read them.

By providing your mobile telephone number and affirmatively opting in to receive text messages, you expressly consent to receive SMS and MMS text messages from MOTA Care LLC (“MOTA”) at the mobile number you provide. These messages may include service-related, account-related, administrative, and support communications, and, if you separately consent, promotional or marketing messages.

Your consent to receive non-marketing, service-related messages is required to use certain features of the Services. Your consent to receive marketing or promotional text messages is not a condition of purchasing or using the Services.

Message frequency may vary. Message and data rates may apply based on your wireless carrier and plan. MOTA does not charge for text messages, but your carrier may.

You may opt out of SMS messages at any time by replying “STOP” to any message. After you opt out, you may receive a single confirmation message, and no further text messages will be sent unless you re-enroll. For help, reply “HELP” or contact us at hello@mota.care.

You represent that you are the authorized user of the mobile number you provide and that you have the authority to consent to receive text messages at that number. You agree to notify MOTA promptly if your mobile number changes.

MOTA may deliver text messages using an automatic telephone dialing system or similar technology, as permitted by law. Consent may be withdrawn at any time, but withdrawal may limit your ability to receive certain service-related communications.

Subject to this Section, these Terms will remain in full force and effect while you access or use the Services. MOTA may suspend or terminate your account or access to the Services at any time, with or without cause, upon reasonable notice where required by applicable law, including by sending notice to the email address associated with your account.

Without limiting the foregoing, MOTA may suspend or terminate your account or access to the Services, in whole or in part, if MOTA reasonably determines, in its discretion, that:

(a) you have violated these Terms or any incorporated policies;
(b) your use of the Services violates applicable law or regulation, or poses a risk of harm to MOTA, other users, or third parties;
(c) Such action is necessary to comply with a request or requirement of law enforcement, a court order, or other governmental authority;
(d) MOTA discontinues, materially modifies, or sunsets the Services (in whole or in part);
(e) Your eligibility for the Services has ended or changed based on criteria established by MOTA or, where applicable, a third-party payer, plan administrator, or service provider; or
(f) Suspension or termination is required due to technical failures, security issues, or other circumstances beyond MOTA’s reasonable control.

Upon termination or suspension of your account or access to the Services, all licenses and rights granted to you under these Terms will immediately cease. Termination or suspension will not limit any of MOTA’s other rights or remedies at law or in equity.

Any provisions of these Terms that by their nature should survive termination—including, without limitation, provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law—shall survive termination.

These Terms, your use of the Services, and any related action are governed by the laws of the State of California, without regard to conflict of law principles.

No failure or delay by MOTA in exercising any right or remedy under these Terms shall operate as a waiver of such right or remedy. Any waiver must be in writing and signed by an authorized representative of MOTA to be effective.

If you have questions about these Terms, you may contact us at: hello@mota.care