Terms of service

 

TERMS OF SERVICE - MOTRIZ

SECTION 1 - ACCESS AND ACCOUNT

1.1 Eligibility
By using the Services, you represent that:

  • You are at least 18 years old (or the legal age of majority in your jurisdiction)
  • You have the legal capacity to enter into binding agreements
  • You are not prohibited by law from using the Services

1.2 Account Information
You agree to provide accurate, current, and complete information when creating an account. You are solely responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access

You may not transfer, sell, or assign your account to any third party.

1.3 Prohibited Use
You agree not to:

  • Create multiple accounts to circumvent our policies
  • Use another person's account without authorization
  • Provide false or misleading information
  • Use the Services for any unlawful purpose

SECTION 2 - PRODUCT INFORMATION & AVAILABILITY

2.1 Product Descriptions
We make reasonable efforts to provide accurate product descriptions. However:

  • Colors, appearance, and textures may vary due to device settings, screen resolution, and lighting
  • We do not warrant that products will exactly match online depictions
  • Product specifications are subject to change without notice

2.2 Product Availability

  • All products are subject to availability
  • We reserve the right to limit quantities per customer, region, or order
  • We may discontinue products at any time without notice

2.3 No Medical Claims
Our products are designed for athletic performance and daily comfort. We do not claim to diagnose, treat, cure, or prevent any medical condition. For serious injuries or medical concerns, consult a healthcare professional.

SECTION 3 - ORDERS & ACCEPTANCE

3.1 Order Process
When you place an order, you are making an offer to purchase. Your order is NOT accepted until:

  • We receive and process your payment
  • We send you an order confirmation email

3.2 Right to Refuse Orders
We reserve the right to:

  • Accept or decline any order for any reason
  • Cancel orders after they are placed (with full refund)
  • Limit quantities per customer
  • Suspend or terminate your account if you violate these Terms

3.3 Order Accuracy
You are responsible for reviewing your order before submission. We may be unable to accommodate cancellations after order confirmation.

3.4 Intended Use
You represent and warrant that purchases are for:

  • Personal use only
  • Not for resale, commercial use, or export in violation of applicable laws

SECTION 4 - PRICING & BILLING

4.1 Prices

  • Prices are subject to change without notice
  • The price charged is the price in effect at the time of order placement
  • Prices do not include taxes, shipping, duties, or customs charges (which are your responsibility)
  • Different pricing may apply in different regions or channels

4.2 Payment Information
You agree to:

  • Provide accurate, complete, and current payment information
  • Update your payment information promptly
  • Pay all charges including shipping, taxes, and applicable fees

4.3 Payment Authorization
You represent and warrant that:

  • All payment information you provide is accurate and authorized
  • You are authorized to use the payment method
  • Charges will be honored by your payment provider
  • You will pay all amounts due

4.4 Billing Disputes
You must notify us of any billing errors within 30 days of the charge. Claims made after 30 days may not be honored.

SECTION 5 - SHIPPING & DELIVERY

5.1 Delivery Estimates

  • All delivery times are estimates only and NOT guaranteed
  • We are not liable for shipping delays caused by:
    • Carrier delays
    • Customs processing
    • Weather or natural disasters
    • Events beyond our control

5.2 Risk of Loss

  • Once we transfer products to the shipping carrier, title and risk of loss pass to you
  • We are not responsible for damage or loss in transit
  • We recommend purchasing shipping insurance for high-value orders

5.3 Shipping Costs

  • Shipping costs are calculated at checkout
  • Free shipping promotions exclude taxes and duties
  • International customers are responsible for all customs duties and import taxes

5.4 International Shipping

  • Delivery times may be longer for international orders
  • Customs clearance delays are not our responsibility
  • You are responsible for all import duties, taxes, and customs fees
  • Some items may not be eligible for international shipment

SECTION 6 - RETURNS & REFUNDS

See our separate Return & Refund Policy [LINK] for complete details. In the event of a conflict between these Terms and the Return Policy, the Return Policy governs.

SECTION 7 - INTELLECTUAL PROPERTY

7.1 Ownership
All content on the Services—including text, images, graphics, logos, videos, designs, and trademarks—is owned by or licensed to us and protected by international intellectual property laws.

7.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to:

  • Access and view the Services for personal, non-commercial use only
  • Download information for personal use (not for distribution or resale)

7.3 Prohibited Uses
You may NOT:

  • Reproduce, copy, or distribute any content without permission
  • Create derivative works from our content
  • Remove or alter any copyright notices or proprietary marks
  • Use our content for commercial purposes
  • Reverse engineer or decompile any software

7.4 Third-Party Trademarks

  • Our trademarks and logos are protected
  • Shopify is a trademark of Shopify Inc.
  • All other trademarks belong to their respective owners
  • Unauthorized use of trademarks may violate law

SECTION 8 - THIRD-PARTY LINKS & CONTENT

8.1 No Endorsement
The Services may contain links to third-party websites. We:

  • Do not endorse or control third-party content
  • Are not responsible for third-party accuracy, quality, or legality
  • Do not monitor third-party websites

8.2 Use at Your Own Risk

  • Accessing third-party sites is entirely your responsibility
  • We are not liable for any harm from third-party sites or products
  • Review third-party terms before engaging in transactions

8.3 Third-Party Services
Any optional third-party tools integrated with our Services are provided "as is" and "as available." We disclaim all warranties related to third-party tools.

SECTION 9 - PRIVACY & DATA

9.1 Privacy Policy
All personal information collected is governed by our Privacy Policy [LINK]. By using the Services, you consent to our collection and use of personal data as described in the Privacy Policy.

9.2 Shopify Processing

  • The Services are hosted by Shopify
  • Shopify processes personal information to provide and improve the Services
  • Your information may be transmitted to third parties and stored internationally
  • Shopify's Privacy Policy also applies to your data

9.3 Data Security
While we implement reasonable security measures, no online transmission is 100% secure. You use the Services at your own risk.

SECTION 10 - USER FEEDBACK & REVIEWS

10.1 Feedback License
By submitting reviews, feedback, suggestions, or content ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to:

  • Use, reproduce, and distribute your Feedback
  • Modify and create derivative works
  • Publicly display or perform your Feedback
  • Use your Feedback for commercial purposes

10.2 Your Representations
You represent and warrant that:

  • You own all rights to your Feedback
  • Your Feedback does not violate any third-party rights
  • You disclose any incentives received for Feedback
  • Your Feedback is accurate and complies with these Terms

10.3 No Compensation

  • We have no obligation to compensate you for Feedback
  • We have no obligation to use or respond to Feedback
  • We may remove Feedback that violates these Terms

10.4 Content Moderation
We may (but are not obligated to) remove Feedback that is:

  • Unlawful, offensive, or threatening
  • Defamatory, obscene, or harassing
  • An infringement of intellectual property rights
  • Otherwise objectionable in our sole discretion

SECTION 11 - ERRORS & INACCURACIES

We reserve the right to:

  • Correct typographical errors and inaccuracies in product information, pricing, or availability
  • Update information at any time without notice
  • Cancel orders containing errors or inaccurate information
  • Take corrective action after order placement if necessary

SECTION 12 - PROHIBITED USES

You agree NOT to use the Services to:

12.1 Unlawful Activities

  • Violate any federal, state, local, or international law
  • Infringe intellectual property rights
  • Harass, defame, or threaten any person
  • Transmit false, misleading, or harmful information
  • Impersonate others or create false identities

12.2 System Abuse

  • Upload viruses, malware, or harmful code
  • Use bots, scrapers, or automated tools to access the Services
  • Interfere with site security or authorization features
  • Bypass or circumvent access controls
  • Collect personal information of others

12.3 Spam & Exploitation

  • Send unsolicited emails, spam, or chain letters
  • Engage in phishing, pharming, or social engineering
  • Exploit or abuse the Services in any way
  • Resell or redistribute our Services

12.4 AI & Agents

  • No AI agents, bots, or automated systems may access the Services without explicit permission
  • Agents must identify themselves in all requests
  • Automated scraping or data extraction is prohibited
  • Circumventing CAPTCHA or bot detection is prohibited

Violation of these provisions may result in immediate suspension or termination of your account without notice.

SECTION 13 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  • Merchantability or fitness for a particular purpose
  • Title or non-infringement
  • Accuracy, completeness, or usefulness of information
  • Uninterrupted, timely, or error-free service
  • Quality, durability, or safety of products

WE DO NOT GUARANTEE THAT:

  • The Services will meet your expectations
  • The Services will be error-free or uninterrupted
  • Defects will be corrected
  • Products will perform as depicted

SOME JURISDICTIONS LIMIT IMPLIED WARRANTIES. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES.

SECTION 14 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

  • Direct, indirect, incidental, or consequential damages
  • Lost profits, revenue, data, or savings
  • Business interruption or loss of use
  • Personal injury, emotional distress, or reputational harm
  • Any damages arising from use of the Services or products

THIS LIMITATION APPLIES EVEN IF:

  • We were advised of the possibility of such damages
  • The damages arise from negligence, breach of contract, or tort
  • The damage claims are based on warranty, statute, or common law

Some jurisdictions do not allow liability limitations. To the extent permitted by law, this limitation applies.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us from any claims, losses, damages, or liabilities (including attorney's fees) arising from:

  1. Your breach of these Terms
  2. Your violation of any law or third-party rights
  3. Your access to or use of the Services
  4. Your products or content

We will notify you of indemnifiable claims. You will cooperate in the defense and may not settle claims without our consent.

SECTION 16 - TERMINATION

16.1 Termination by Us
We may terminate or suspend your access to the Services at any time, in our sole discretion, for any reason or no reason, without notice or liability.

16.2 Your Obligations
You remain liable for all charges incurred up to the date of termination.

16.3 Survival
The following sections survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy Policy.

SECTION 17 - SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

SECTION 18 - ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and us and supersede all prior agreements, understandings, and communications—whether written or oral.

SECTION 19 - CHANGES TO TERMS

We reserve the right to modify these Terms at any time. Material changes will be posted on our website with notice. Your continued use of the Services after changes constitutes acceptance of the new Terms.

SECTION 20 - GOVERNING LAW & DISPUTE RESOLUTION

20.1 Governing Law
These Terms are governed by the laws of the United States of America, without regard to conflict of law principles.

20.2 Jurisdiction

  • You consent to the exclusive jurisdiction of the courts in the United States
  • You waive any objection to venue or inconvenient forum

20.3 Dispute Resolution
Before pursuing legal action, you agree to attempt to resolve disputes through good-faith negotiation with us at kneereliever@use.startmail.com.

SECTION 21 - CONTACT INFORMATION

For questions about these Terms of Service:

📧 Email: kneereliever@use.startmail.com

Response Time: Within 2 business days

SECTION 22 - ADDITIONAL NOTICES

22.1 No Waiver
Our failure to enforce any right under these Terms does not constitute a waiver of that right.

22.2 Assignment
You may not assign these Terms. We may assign these Terms without notice.

22.3 Severability
If any provision is found invalid, it shall be reformed to the minimum extent necessary while the rest remains valid.

22.4 Headings
Section headings are for convenience only and do not affect interpretation.