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Terms & Conditions

Last updated: 7 March 2023

1. AGREEMENT TO TERMS.

The Terms of Use Agreement ("Agreement"), created on the effective date and last amended on the date above, is made between you ("user," "you," or "your") and MottleBot Pty Ltd ACN 667 211 734 ABN 84667211734 (www.mottle.com).

Contact Details

Our official email address: hello@mottle.com

The owner mentioned above includes its affiliated companies, websites, applications, software, and tools (the "Company," "we," "us," or "our"), and, with this Agreement, outlines the rights and obligations that you and all users share, as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the "website"), for the purpose of making use of any of the content, software, or other tools on the website ("services").

2. PAYMENT TERMS.

All or a portion of the services offered by the Company on the website are paid in accordance with the terms below:

  1. Forms of Payment. We accept payment through the methods offered at the time of purchase or when a balance is due. The provider and method of payment are determined by your location, device, and purchased item. We reserve the right, at any time, to reject payment for any reason.
  2. Subscriptions. If any of the services offered by us are only available with a paid subscription, you will be billed in advance and on a recurring and periodic basis (such as daily, weekly, monthly, annually, or other agreed upon timeframes) at the end of each period. With each successful payment, the subscription will automatically renew under the same conditions unless canceled.
    1. Cancellation. You are entitled to cancel a subscription at any time and in accordance with the terms of this Agreement. Cancellation does not entitle you to a refund for any prior payments made.
    2. Fee Changes. If any changes occur to the subscription amount, you will be given notice of at least one (1) billing cycle prior to the change taking effect. Notice will be provided by e-mail on your registered account or profile.
    3. Free Trials. Any free trial, sample, or other abridged versions of our services that are offered shall be considered a one (1) time use based on the registration of a user's e-mail. It is strictly prohibited for a user to create and register more than one (1) e-mail solely to access another free trial on the website.
    4. Currency. Payments will be accepted on the website in the currency based on your location and in accordance with local laws.
    5. Refunds. Refunds are not available for any purchases made on the website. If you are not satisfied with the services, you may cancel your subscription at any time.
    6. Payment Processing. All payments are processed by Stripe, Inc. and/or its affiliates. You agree to the terms of use and privacy policy of Stripe, Inc. and/or its affiliates.
    7. In-App Purchases. If the website's services are offered on an Android, iOS, or other mobile application ("mobile app"), this Agreement also applies to payments made on the mobile app. In addition, payments made on the mobile app must also be in accordance with the terms of the mobile app platform or "store."

3. ACCESS.

Your access to and use of the website and the services is conditional upon your acceptance of and compliance with this Agreement, which applies to all the website's visitors. If, for any reason, you do not agree with any of the terms of this Agreement, you may not access the website or its services.

Additionally, your access to and use of the services is conditional upon your acceptance of and compliance with our privacy policy which describes our policies and procedures on the collection, use, and disclosure of your personal information, which is initiated by and commences when you use the website. The privacy policy discloses details and discloses your privacy rights and protections under applicable laws. It is advised to read our privacy policy prior to accessing the website or its services.

  1. Minors (under the age of 18).
    If any user is a minor in the jurisdiction where they reside, they must obtain permission from their parent or guardian to use the website. If a minor accesses the website, it is assumed that their parent or guardian has read and agrees to this Agreement and has given permission to the minor to use the website.
  2. Children (under the age of 13).
    If any user is a child under the age of thirteen (13) years and from the United States, it is assumed that they have obtained permission and verifiable parental consent to use the website. Furthermore, this Agreement allows the protections mentioned under the Children's Online Privacy Protection, specifically, 15 U.S. Code § 6502.

We do not claim that the website's content is appropriate or suitable for you or any visitor. No information, data, or information provided on the website is intended for distribution or use in any location where such usage is prohibited or is contrary to any law or regulation which would subject the Company to legal liability of any type. Any such access or use of the website is to be utilized on your own initiative, and you are solely responsible for any legal compliance.

Any supplemental amendments or documents on the website following the effective date of this Agreement are to be considered expressly incorporated into this Agreement.

4. PROHIBITED ACTIVITIES

As a user of our services, whether on the website or mobile app, it is prohibited to engage in the following activities:

5. USER-GENERATED ACCOUNT.

Our website or services may allow you to chat, make postings (available for public or private viewing), or other communication functionalities, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on the website, including but not limited to, text, writings, video, audio, photos, graphics, comments, suggestions, personal information or other material (collectively known as the "content"). Content may be viewable by other users or the general public. As such, any content transmitted by you may be treated as nonconfidential and non-proprietary. When you create or make any content available on the website, you are accepting that:

By posting your content on our website, you grant us the right and license to use, modify and publicly perform, display, reproduce, and distribute such content. You retain any and all of your rights to any content you submit, post, or display and are responsible for protecting those rights. This license includes the right for us to make your content available to other users of the website, 3rd parties, and the general public, with or without your consent.

6. GUIDELINES FOR REVIEWS.

We may provide you, either on the website or by a 3rd party, the right to leave a review or rating of the services offered. Said review or rating requires that you:

In our sole discretion, we may decide to accept, reject, or remove reviews. Our responsibility is to screen reviews to ensure that any postings regarding the website and its services are accurate and verifiable. Any reviews made by you or other users of the website do not represent our opinions or statements of the services or our affiliates or partners. We do not assume liability, claims, or losses resulting from any review made on the website. By posting a review, you hereby grant us a perpetual, nonexclusive, worldwide, commercial, royalty-free, and assignable license (and sublicense ability) to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to such reviews made.

7. MOBILE APPLICATION LICENSE.

If a proprietary mobile application is offered in connection to the services offered on the website ("mobile app"), the following will apply:

  1. Use License. We grant you a revocable, nonexclusive, non-transferable, and limited license to install and use the mobile app to access the website and its services. Under such license, you agree that it is prohibited to conduct the following:
    1. Except as permitted by applicable law, to decompile, reverse engineer, disassemble, attempt to derive source code, or decrypt any part of the mobile app;
    2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the mobile app;
    3. Violate any applicable laws or regulations in connection with your use or access to the mobile app;
    4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the mobile app;
    5. Use the mobile app for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended;
    6. Allow the mobile app to be available over a network or other environment that permits access or use by multiple devices or users at the same time;
    7. Use the mobile app for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the mobile app;
    8. Use the mobile app to send automated queries to any other website or application for unsolicited use, commercial or non-commercial; and
    9. Use any proprietary information provided by or through the use of the mobile app for the design, development, licensure, or distribution of any other applications, accessories, or other devices for use with the mobile app.
  2. Apple and Android Devices. When using the mobile app on an Apple or Android device ("mobile platform"), the following will apply:
    1. The license granted to you when using the mobile app is limited to a nontransferable license on a device that utilizes either of the mobile platforms, as applicable, in accordance with the usage rules set forth in the applicable mobile platform's terms of service and any other applicable documents;
    2. It is known that we are responsible for providing any maintenance and support services with respect to the mobile app in regard to updates made by the mobile platform and in its day-to-day use;
    3. Any refund requests made by you from purchases made on the mobile app must be requested on the mobile platform in accordance with its refund policy. We cannot, on the website, assist in any refund request for payments made on the mobile app;
    4. You verify that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" countr and you are not listed on any U.S. government list of prohibited or restricted parties;
    5. You must comply with applicable 3rd party agreements that are used in combination with your wireless plan, network connection, or any other data service or device agreement; and
    6. You acknowledge that the mobile platforms used in connection with the mobile app are 3rd party beneficiaries in regard to this Agreement and that each mobile platform will have the right to enforce its terms and conditions regarding your access and activities when using the mobile app.

8. COPYRIGHT POLICY

  1. Intellectual Property Infringement.

    It is our duty to respect the intellectual property rights of others. Therefore, it is our policy to respond to any claim that infringes on any trademark, copyright, or other intellectual property protected under law.

    If you are an owner of any protected intellectual property that you feel is being used without your authorization, you must submit notice to us by any of the contact details mentioned herein and include a detailed description of the alleged infringement.

    If any request is made, and it is determined that you are not the owner of the intellectual property or do not have the authority to act on the owner's behalf, you may be held accountable for damages which may also include costs related to attorneys' fees for such misrepresentation.

  2. DMCA Notice and DMCA Procedure for Copyright Infringement Claims.

    You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

    1. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of the copyrighted work;
    2. A description of the copyrighted work that you claim has been infringed, including the URL(s) where the copyrighted work exists or a copy of the copyrighted work;
    3. Your contact details, including a personal name, address, phone number, and e-mail address;
    4. A statement that the copyright infringement is not authorized and that the request to remove the copyrighted work is in good faith; and
    5. A statement by you, with language that includes "under penalty of perjury," that the information included in the infringement removal is accurate.

    Upon receipt of a copyright infringement notification, we will take whatever steps are required to remove the copyrighted content from the website or the services.

9. INTELLECTUAL PROPERTY.

Except as otherwise indicated, all source coding, databases, functionalities, software, graphic designs, and media of any kind (e.g., audio, video, text, photos, etc.), content, trademarks, service marks, logos, and copyrights are considered to be intellectual and proprietary information ("intellectual property"). Such intellectual information is under our ownership and protected by local, state, national, and international laws and will be defended.

No intellectual property is permitted to be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purposes without our express prior written permission.

10. USER OBLIGATIONS.

You, as a user of the website or any of its services, agree to the following:

In regard to any of the information submitted by you, if it should be deemed inaccurate, out of date, or incomplete, we reserve the right to terminate your access to the website or account and any future intended use.

11. USER ACCOUNTS.

If our website allows the creation of a user account of any type, you agree to be responsible for safeguarding its information, including account data, connected e-mails, passwords, and any other personal information. If you are made aware of any breach or unauthorized use of the account, notify us as soon as possible. Furthermore, you agree not to disclose any password created with any 3rd party other than secured services used to assist with saving passwords on your behalf.

If the creation of a username is allowed when making an account, such username must be appropriate for public viewing and not violate any trademark, copyright, or other protected names or marks.

12. SOCIAL MEDIA.

As part of the website's functionality, you may be able to link and connect a social media profile with your account for sharing information, logging into the website, or for any other reason that is in accordance with the terms of this Agreement and the social media company's terms of use ("social media profile").

If connecting a social media profile with the website, it is acknowledged that you may be required to disclose its login information or grant us access. Such disclosure or access is within the terms of use of the social media profile, and you understand that:

Due to the policies commonly mentioned in a social media company's terms of use, we make no effort to review any content produced through the connection of a social media profile unless notified by other users, a 3rd party, or another event that triggers a review of the account.

13. SUBMISSIONS.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website ("submissions") provided by you is public and is not considered confidential unless otherwise stated. Upon submissions posted on the website, it becomes our exclusive property along with all intellectual property rights, which we may use for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

By posting your submissions, you agree to waive any rights to such submissions and acknowledge their transfer to us. In addition, you agree that after the posting of such submissions, there is no recourse. Therefore, you may not delete submissions to use them on another platform for your benefit or to reclaim their rights.

14. THIRD (3RD) PARTY WEBSITE AND CONTENT.

Our website or services may contain links to 3rd party websites or services that are not owned or controlled by us. Therefore, we assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or any other acts by 3rd parties. You acknowledge that if you are to be re-directed or forwarded to such 3rd party website, you hold us harmless and free of liability for any action that should occur on such websites, which may or may not include damages, losses, or any other claims.

15. ADVERTISING.

In the event that we host, display, recommend, or link to websites or services in exchange for a fee ("advertisements"), it shall be known that such websites and services are often not known to us and are provided via advertisement networks based on user data. We do not own or control such advertisements and assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or other acts. Our only affiliation with such advertisements is the payment per display, clicks, or any additional monetary benefit in accordance with its terms and conditions or affiliate terms.

Any advertisements used are subject to the Digital Millennium Copyright Act ("DMCA") policies. There will be no refund or compensation related to a DMCA takedown of said advertisements. Our relationship with advertisers begins and ends with us providing space for the placement of such advertisements.

16. SITE MANAGEMENT.

To ensure the best experience for all users of our website and services, we reserve the right, in our sole discretion, to do the following:

17. PRIVACY POLICY.

Your access to and use of our website or services is conditional upon your acceptance of our privacy policy. Our privacy policy describes our rules and procedures on the collection, use, and disclosure of your personal information and details your privacy rights and how the law protects you and such data. It is recommended for all users to read to know their rights.

We maintain the right to store certain data that you have transmitted by the use of the website or any of our services. You are solely responsible for the data you transmit and how it relates to any activity you have undertaken when using the website and any of its services. Therefore, you agree that we have no liability to you for any loss, breach, or corruption of any data and hereby waive any right of action against us that may or may not arise from such loss, breach, or corruption.

18. TERMINATION.

We may terminate or suspend your account for any reason and at our sole discretion. If your account is suspended or terminated, we may or may not provide prior notice. Upon termination, your access to the website and/or services will cease immediately.

If you wish to terminate your relationship with us, such termination can be made by simply discontinuing your use of the website and its services.

19. GOVERNING LAW

The laws of New South Wales, Australia shall govern this Agreement, including your use and access to the website and services. Your use of this website, services, and any mobile app may be subject to other local, state, national, and international laws.

20. DISPUTE RESOLUTION.

If you should raise any dispute about the website, its content, or any of the services offered, it is required first to attempt to resolve the dispute formally by contacting us.

  1. Mediation. If a dispute cannot be agreed upon by the parties, it shall be moved to mediation for a period of 30 days with at least 10 hours to be committed by each party in accordance with the procedures of the United States Arbitration & Mediation. All costs related to said mediation shall be shared equally by both parties.
  2. Arbitration. If the dispute cannot be agreed upon during the mediation period, then the dispute will be submitted to binding arbitration in the jurisdiction of governing law.

We maintain the right to bring proceedings regarding the substance of any dispute in the courts of the country where you or we reside.

21. "AS-IS" DISCLAIMER.

It is recognized to you, as a user of the website and any services offered, that they are provided on an "as-is," "where is," and "as available" basis, including faults and defects without warranty.

To the maximum extent permitted under applicable law, the company, on its own behalf and those of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the said website and any services offered, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind, that the content or any services provided will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, devices, or services, including operating without interruption, or meet any performance or reliability standards or be error and bug-free from any defects that can or will be corrected.

Without limiting the foregoing, neither we nor any of our providers make any representation or warranty of any kind, express or limited, in regard to the following:

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer. Therefore, some or all of the above exclusions and limitations may not apply to you. The exclusions and limitations outlined in this section will be applied to the greatest extent under applicable law.

22. INDEMNIFICATION.

You agree to defend, indemnify, and hold us harmless, including any of our subsidiaries, agents, or affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any 3rd party due to or arising out of the following:

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We agree to use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. NOTICES.

Except as explicitly stated otherwise, all notices sent to us must be sent to the e-mail mentioned in Section 1 of this Agreement. Any notices sent to you regarding any communication that must be sent in accordance with this Agreement will be sent to the email registered to any account created on the website.

24. ELECTRONIC MEANS.

When accessing the website or any of its services, sending e-mails, online forms, esignatures, or any type or kind of electronic records or communication, you consent that all agreements, notices, disclosures, and other communications we provide to you in such manner satisfies any legal requirement that such communication should be in writing. You hereby agree that the use of such electronic means will be regarded as sufficient and be viewed as the same as its physical counterpart. Furthermore, 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.

25. MISCELLANEOUS.

This Agreement and any policies or operating rules posted by us, on the website, or through any services or in respect to such constitute the entire Agreement and understanding between you, as a user, and us, as a company. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law in accordance with the jurisdiction where we are located and to the protections that you, as a user, are entitled to in your jurisdiction. We reserve the right to assign any or all of our liabilities, services, and obligations to another party at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by an event beyond our reasonable control.

If any provision, section, clause, or part of this Agreement is determined to be unlawful, void, or unenforceable, that said portion of this Agreement is determined to be severable and does not affect the validity and enforceability of any remaining language.

It is understood that this Agreement does not create a joint venture, partnership, employment, or agency relationship between you and us, the website, or any of its services. You agree that this Agreement will not be construed against us by virtue of having drafted and published on the website for your review. Therefore, you agree to waive any and all defenses that may have been assumed under this Agreement and the lack of signing by any party hereto.

If this Agreement has been translated, you agree that its original English text shall prevail in the case of a dispute.