Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and MotionCRE Inc ("MotionCRE," "we," "us," or "our") governing your access to and use of the MotionCRE platform, website, and related services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Service. If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

3. Accounts & Workspaces

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us immediately at support@motioncre.com if you suspect unauthorized access to your account.

Workspace administrators are responsible for managing team members, roles, and permissions within their workspace. Administrators may grant or revoke access to workspace data at their discretion.

4. Subscription & Billing

4.1 Plans & Pricing

The Service is offered under paid subscription plans (Solo, Team, and Enterprise) as described on our Pricing page. Pricing is subject to change with 30 days' prior notice to active subscribers.

4.2 Billing & Payment

Subscriptions are billed in advance on a monthly or annual basis via Stripe. By subscribing, you authorize us to charge your payment method on file for recurring subscription fees and any additional seat or AI credit purchases. All fees are quoted in U.S. dollars.

4.3 Cancellation

You may cancel your subscription at any time through the billing settings in your account. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of that period. We do not provide prorated refunds for partial billing periods.

4.4 Money-Back Guarantee

New subscribers may request a full refund within 14 days of their initial subscription purchase by contacting support@motioncre.com. This guarantee applies to the first subscription payment only.

4.5 Failed Payments

If a payment fails, we will attempt to retry the charge per Stripe's retry schedule. If payment remains unsuccessful, your subscription may be suspended or downgraded. We will notify you via email before any service interruption.

5. Your Data & Content

5.1 Ownership

You retain all rights to the data, files, and content you upload to or create within the Service ("Your Content"). We do not claim ownership of Your Content.

5.2 License to Us

You grant MotionCRE a limited, non-exclusive, worldwide license to host, store, process, and display Your Content solely as necessary to provide and improve the Service. This license ends when you delete Your Content or close your account.

5.3 AI Processing

When you use AI features (copilot, document analysis), portions of Your Content are sent to our AI provider (Anthropic) for processing. This processing is governed by Anthropic's commercial API terms, under which your data is not used to train AI models. You may use the platform without AI features if you prefer not to have your data processed in this way.

5.4 Data Export

You may export your data at any time. Upon account closure, you will have a reasonable period (at least 30 days) to export your data before it is permanently deleted.

6. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable law
• Upload malicious files, viruses, or code designed to disrupt the Service
• Attempt to gain unauthorized access to other users' accounts or data
• Reverse-engineer, decompile, or disassemble any part of the Service
• Use automated scripts, bots, or scrapers to access the Service without our written permission
• Resell, sublicense, or redistribute the Service without authorization
• Interfere with or disrupt the integrity or performance of the Service
• Circumvent rate limits, access controls, or other security measures

We reserve the right to suspend or terminate accounts that violate these restrictions.

7. Intellectual Property

The Service, including its design, code, features, documentation, branding, and all related intellectual property, is owned by MotionCRE Inc and protected by U.S. and international copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or brand assets without our prior written consent.

8. Third-Party Services

The Service integrates with third-party providers including Clerk (authentication), Stripe (payments), Amazon Web Services (infrastructure), and Anthropic (AI). Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices or availability of third-party services.

9. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). This includes Your Content, account credentials, and billing information. Neither party will use or disclose the other party's Confidential Information except as necessary to fulfill its obligations under these Terms or as required by law.

10. Service Availability & Support

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may perform scheduled maintenance, deploy updates, or experience downtime due to factors beyond our control. We will make reasonable efforts to provide advance notice of planned maintenance.

Support is available via email at support@motioncre.com. Response times may vary by plan tier.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTIONCRE INC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AI-generated outputs (summaries, suggestions, analysis) are provided for informational purposes only and should not be relied upon as legal, financial, or professional advice. You are responsible for independently verifying any AI-generated information before making business decisions.

13. Indemnification

You agree to indemnify, defend, and hold harmless MotionCRE Inc, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any third-party rights.

14. Termination

You may close your account at any time through the account settings or by contacting support. We may suspend or terminate your access to the Service if you violate these Terms, fail to pay subscription fees, or engage in activity that threatens the security or integrity of the Service.

Upon termination, your right to use the Service ceases immediately. Sections 5.1 (Ownership), 9 (Confidentiality), 11 (Limitation of Liability), 12 (Disclaimer), 13 (Indemnification), and 17 (Governing Law) survive termination.

15. Changes to These Terms

We may update these Terms from time to time. We will notify active users of material changes via email or an in-app notification at least 15 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

16. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond the party's reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure outages, pandemics, or third-party service provider failures.

17. Governing Law & Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Delaware. Both parties consent to personal jurisdiction in those courts.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its original intent.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.

20. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of MotionCRE Inc.

21. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MotionCRE Inc regarding the Service and supersede all prior agreements and understandings.

22. Contact Us

If you have questions about these Terms, contact us at:

MotionCRE Inc
legal@motioncre.com