Terms of Service Agreement for UserMotion
Last Updated: 20 April 2023
Effective: 20 April 2023
1. General Terms of Use
This Terms of Service Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and Ekin Koc (“Kovan,” “we,” “us,” or “our”), the owner and operator of the UserMotion product-led revenue platform (“Service”).
By using the Service, you agree to be bound by this Agreement. You may not use the Service if you do not agree to this Agreement.
We reserve the right to change these Terms at any time, and you agree (by virtue of your continued use of our Site) to be bound by any such changes. The customer will be notified in writing regarding any changes prior to publishing new Terms to the Terms of Service. The then-current version of these Terms will supersede all earlier versions. Any new features that augment or enhance the current Site and Services, including the release of new tools and resources, will be subject to these Terms. If a user violates the terms outlined below, we reserve the right to terminate the Account without notice.
2. Description of the Service
The Service is a product-led revenue platform that enables Users to create, manage, and track the performance of product revenue programs. The Service includes a variety of tools, features, and functionalities that are designed to help users maximize their revenue from their products.
3. Use of the Service
3.1 Eligibility
To use the Service, you must be at least 18 years old or the legal age of majority in your jurisdiction, and have the capacity to enter into and be bound by this Agreement. By using the Service, you represent and warrant that you meet these eligibility requirements.
3.2 User Account
To access the Service, you must create a User account. You are responsible for maintaining the confidentiality of your User account login information, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3.3 Prohibited Conduct
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all applicable laws and regulations in connection with your use of the Service. You may not engage in any of the following prohibited activities:
Use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service in any manner.
Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Service or to extract data.
Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or to obtain any information from the Service.
Rent, lease, loan, trade, sell/re-sell access to the Service or related data, or otherwise monetize any part of the Service.
Post, upload, publish, submit, or transmit any Content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; or (vi) is violent or threatening or promotes violence or actions that are threatening to any other person.
3.4 Content
The Service allows you to post, upload, publish, submit, or transmit content (“Content”). You retain all rights in and are solely responsible for, the Content you post to the Service.
By posting Content to the Service, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Content in all formats and distribution channels
4. Intellectual Property Rights
Kovan Studio owns all intellectual property rights in the Service, including but not limited to any trademarks, copyrights, patents, trade secrets, or other proprietary rights. You may not use the UserMotion name or logo without our prior written consent.
5. Fees and Payment
5.1 Fees
Kovan Studio offers various pricing plans for the Service. You may choose a pricing plan that best suits your needs. We reserve the right to change our pricing plans at any time.
5.2 Payment
You agree to pay all fees and charges associated with your use of the Service. Payment must be made through the payment method provided by Kovan Studio. If your payment method fails or your account is past due, we may take steps to collect fees owed, including but not limited to legal action and/or suspension or termination of your account.
6. Privacy
Kovan Studio respects your privacy and is committed to protecting your personal information. Our Privacy Policy, which is incorporated into this Agreement by reference, explains how we collect, use, and protect your information when you use the Service.
7. Termination
We may terminate or suspend your access to the Service at any time, with or without cause, and without notice. Upon termination, all rights granted to you under this Agreement will immediately cease. Any fees paid in advance will not be refunded.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. USERMOTION EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability
USERMOTION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE.
10. Indemnification
You agree to indemnify, defend, and hold harmless Kovan Studio, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Service or your violation of this Agreement.
11. Governing Law and Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law provisions. Any dispute arising out of or related to this Agreement will be submitted to the exclusive jurisdiction of the state or federal courts located in the state of Delaware, the USA.
12. Miscellaneous
This Agreement constitutes the entire agreement between you and Kovan Studio regarding the use of the Service. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. You may not assign this Agreement, in whole or in part, without our prior written consent. Kovan Studio may assign this Agreement, in full or in part, at any time without notice to you.
