Terms of Service

These Terms of Service form a legally enforceable agreement between you, whether you are acting in your individual capacity or on behalf of a company or other organization (“you”, “You”, “Customer”, or “user”), and Motomarks (“Company”, “we”, “us”, “our”, or “motomarks”). They govern your access to and use of the https://motomarks.io website, our browser extensions or plugins, our application programming interfaces that connect to third‑party services (APIs), and any related websites, mobile sites, applications, or other online properties that link to these Terms (collectively, the “Site” or the “Services”). By visiting or using the Site in any way, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. If you are using the Site on behalf of a legal entity, you represent and warrant that you are authorized to bind that entity to these Terms. From time to time, you and Company may agree to custom or supplemental terms that modify or supersede portions of these Terms of Service.

By using our Site, you agree to the following guidelines:

1. You will comply with these Terms of Service whenever you access or use our Services.
2. You will not infringe or misappropriate the privacy, intellectual property, or other rights of any third party.
3. You will only use our APIs, data, and related tools in accordance with all applicable privacy, data protection, and other laws. Our Services must not be used for any unlawful or unauthorized purpose, and we expressly prohibit such use. We reserve the right to investigate, suspend, or terminate access, or take any other appropriate action, if we learn of actual or suspected illegal activity involving our Services. If you become aware of abuse or misuse, please contact us at support@motomarks.io.
4. If Motomarks does not immediately enforce a particular right or provision in these Terms of Service, that will not be considered a waiver of that right or provision. If any part of these Terms is found to be invalid or unenforceable, that portion will be enforced to the maximum extent permitted or limited to the minimum degree necessary, and the remaining provisions will continue in full force and effect.

Additional terms, policies, or documents that we may post on the Site from time to time are incorporated by reference into these Terms of Service and are part of your agreement with us. We may revise or update these Terms of Service at any time and for any reason, in our sole discretion. When we make changes, we will update the “Last updated” date above, and by continuing to use the Site after those changes take effect, you agree to the revised Terms of Service. You are responsible for reviewing these Terms periodically so that you stay informed about any updates.

User representations

By accessing or using the Site, you represent and warrant that: (1) all information you provide during registration and account creation will be truthful, accurate, current, and complete; (2) you will keep that information accurate and promptly update it as needed; (3) you have the legal capacity and authority to agree to and abide by these Terms of Service; (4) you are of legal age in the jurisdiction where you reside; (5) you will not access the Site by means of any unauthorized automated tools or non‑human methods, including bots, scripts, or scrapers, except as expressly permitted by us; (6) you will not use the Site for any unlawful, harmful, or otherwise prohibited purpose; and (7) your use of the Site will comply with all relevant laws, rules, and regulations.

Customer license

Subject to your ongoing compliance with these Terms of Service, Company grants you a personal, worldwide, royalty‑free, non‑exclusive, and non‑transferable license to use the software and tools we provide as part of the Site. This license exists solely so that you can access and benefit from the Services as we make them available, and only in the ways allowed under these Terms of Service.

Company rights

Some parts of the Services may be offered at no charge, while others may require payment of fees or a subscription. We may change our pricing, introduce new tiers, or modify what is included at each pricing level at any time. Unless we have entered into a separate, signed agreement with you that specifically provides otherwise, we do not guarantee any particular level of accuracy, performance, or uptime for the Services.

Availability, uptime, support

We aim to keep the Site available and functioning reliably, and we will use commercially reasonable efforts to do so. However, we do not promise that the Services will be available at all times or free from interruptions, delays, or errors. If you require specific uptime or performance commitments, those may be negotiated separately in a dedicated service level agreement (SLA). In many cases, our APIs and Services rely on the operation and availability of third‑party platforms, tools, or infrastructure that we do not control. We are not responsible for any downtime, bugs, or performance issues in your own products, services, or offerings that may result from using our Services. We will make reasonable efforts to detect and address issues that materially affect the proper functioning or availability of the Site.

Third Party IP or content

When using our Services, you may ask Company to access, process, transmit, or display content, data, or intellectual property provided by third parties (“Third Party IP”). You acknowledge that Company does not create, own, control, or endorse Third Party IP, and we make no representations regarding its accuracy, completeness, legality, quality, usefulness, or safety, or regarding any intellectual property rights that may exist in such content. The fact that Third Party IP is accessible through the Services does not mean that we endorse it, are affiliated with the provider, or have any special relationship with that provider. You understand that Third Party IP may be protected by the rights of third parties and that Company’s role is solely to provide technical access to such content at your direction. We do not grant you any license to Third Party IP, and you are solely responsible for how you use it in connection with the Site.

Fees and payment

Certain features or portions of the Site may require payment before you can access or continue using them. When you make a purchase or subscribe to paid Services, you agree to provide accurate, current, and complete billing and account information, and to keep that information up to date, including your email address, payment method, and payment card details such as expiration dates. You authorize us to charge your designated payment method through our online billing system for all fees associated with your use of the paid Services. We may charge applicable taxes as required by law. We reserve the right to change prices, introduce new charges, or modify our billing practices at any time. Unless we state otherwise, all amounts are payable in U.S. dollars.

Termination

Upon expiration, non‑renewal, or termination of your agreement with Company for any reason:

1. Company will cease providing you with access to the Site and the APIs, and you must immediately stop using them;
2. All rights and licenses granted to you under these Terms will end immediately, and we may disable or revoke any credentials, tokens, or accounts associated with your access;
3. Any fees that you have already paid are non‑refundable, and you remain responsible for promptly paying any amounts that are still outstanding as of the effective date of termination.

Limitations of Liability

To the maximum extent permitted by law, in no circumstance will we or our owners, directors, officers, employees, agents, or affiliates be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses arising out of or relating to your use of, or inability to use, the Site or the Services, even if we have been advised of the possibility of such damages. Except where a greater limitation is prohibited by law, our total aggregate liability to you for any and all claims arising out of or related to these Terms of Service or your use of the Services will not exceed $1,000.00 USD. Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain types of damages, so some of the above limitations may not fully apply to you, and you may have additional rights under those laws.

Indemnification

You agree to indemnify, defend, and hold harmless Company, our subsidiaries and affiliates, and each of our respective officers, directors, employees, partners, and agents from and against any and all losses, damages, liabilities, claims, demands, or expenses (including reasonable attorneys’ fees and costs) arising out of or related to:

1. Your access to or use of the Site or the Services;
2. Your breach or alleged breach of these Terms of Service;
3. Any inaccuracy in or breach of your representations or warranties set forth in these Terms of Service;
4. Your violation or alleged violation of any third party’s rights, including intellectual property, privacy, or other proprietary rights; or
5. Any intentional, negligent, or otherwise harmful act or omission by you in connection with another user or any third party in relation to the Site.

We reserve the right, at our option and at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with us (at your expense) in defending such matters. We will make reasonable efforts to notify you promptly of any claim, action, or proceeding that appears to fall within the scope of this indemnification after we become aware of it.