Terms and Service

Last Updated: 04/01/2024

Welcome, and thank you for your interest in HK Mootion Limited (“Mootion,” “we,” or “us”) and our website at  www.mootion.com, along with our related websites www.mootion.ai, hosted applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Mootion regarding your use of the Service.

 

PLEASE READ THE FOLLOWING TERMS CAREFULLY

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE,  YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING MOOTION’S  PRIVACY POLICY  (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND MOOTION’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY MOOTION AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 16 AND SECTION 17, YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND MOOTION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

  1. Mootion Service Overview. Mootion’s Service allows users to turn unstructured data such as texts, images, radio, videos and other modalities of data, information into 3D models, textures, skyboxes, and animations. To make use of the Service, you will be required to provide data such as text, image, radio, video to describe your input. We will then use our proprietary methodology to turn your input data into any expected form of file (3D Model, 3D Texture, Skyboxes, Animations) and send the file back to you.
  2. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
  3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at Mootion Discord Server.
  4. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable unless otherwise specifically provided for in these Terms.
    1. Price. Mootion reserves the right to determine pricing for the Service. Mootion will make reasonable efforts to keep pricing information published on the Service up to date. Mootion may change the fees for any feature of the Service, including additional fees or charges, if Mootion gives you advance notice of changes before they apply. Mootion, at its sole discretion, may make promotional offers with different features and different pricing to any of Mootion’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
    2. Authorization. You authorize Mootion to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Mootion, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Mootion may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
    3. Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Mootion or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee”, please see our Pricing Page. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Mootion or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by contacting us at Mootion Discord Server. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.
    4. Delinquent Accounts. Mootion may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Mootion reserves the right to delete your account and any information, captures, or Models associated with your account without any liability to you.
    5. Returns and Refunds. The products and services on the Site are sold as final sale or non-returnable. We reserve the right to analyze returns on a case-by-case basis.

  5. Licenses

    1. Limited License. Subject to your complete and ongoing compliance with these Terms, Mootion grants you: (a) solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service, and (b) a non-exclusive license to use, modify, copy, display, publicly perform, commercialize, market, distribute, and otherwise exploit any pre-existing Mootion intellectual property included in the Models solely in connection with your use of the Models we provide to you. For avoidance of doubt, nothing in these Terms will prevent Mootion from creating or providing Models to other users which are similar to the Models Mootion provides to you under these Terms.
    2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
    3. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Mootion an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
  6. Ownership; Proprietary Rights. The Service is owned and operated by Mootion. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Mootion, including all pre-existing Mootion intellectual property included in the Models, (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Mootion or its third-party licensors. Except as expressly authorized by Mootion, you may not make use of the Materials. There are no implied licenses in these Terms and Mootion reserves all rights to the Materials not granted expressly in these Terms.
  7. Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

  8. Captures and Assets

    1. Captures and Assets Generally. Certain features of the Service may permit users to submit Captures to the Service. You retain any copyright and other proprietary rights that you may hold in the Captures that you submit to the Service, subject to the licenses granted in these Terms. Subject to Mootion’s ownership of the Materials, all models, videos, images, and files made from your Captures will be owned by you.
    2. Limited License Grant to Mootion. By submitting any Capture to or via the Service, you grant Mootion a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to: (a) host, store, transfer, reproduce, modify for the purpose of formatting for display, create derivative works of such Captures as authorized in these Terms in order to provide the Service and Assets to you, and (b) use your Assets and any data we generate from the use of your Captures in order to improve and enhance the Service. You agree to pay all monies owing to any person or entity resulting from Mootion’s exercise of the license set forth in this Section.
    3. You Must Have Rights to the Captures you Submit; Capture Representations and Warranties. You must not submit Captures if you are not the owner of or are not fully authorized to grant rights in all of the elements of that Capture. Mootion disclaims any and all liability in connection with your Captures. You are solely responsible for your Captures and the consequences of providing your Captures via the Service. By providing a Capture via the Service, you affirm, represent, and warrant to us that:
      1. you are the creator and owner of the Capture, or have the necessary licenses, rights, consents, and permissions to authorize Mootion to use and distribute your Capture as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Mootion, the Service, and these Terms;
      2. your Capture, and the submission or other use of your Capture as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Mootion to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
      3. your Capture could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, political, discriminatory or otherwise inappropriate.
    4. Monitoring Captures. Mootion does not control and does not have any obligation to monitor: (a) your Captures; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Mootion reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Mootion chooses to monitor the Captures, then Mootion still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of such Captures. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). Mootion may remove or reject any Capture uploaded to or transmitted through the Service without any liability to the user who submitted such Capture to the Service.
  9. Email Communications. We may send you emails concerning your use of the Service, the Models, our products and services, as the products and services of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

  10. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

    1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    2. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
    3. access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Mootion;
    4. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
    5. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
    6. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;
    7. use our models, videos, images, files, tools, and services for expresses, incites, or promotes hate based on identity
    8. sell or otherwise transfer the access granted under these Terms; or
    9. attempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts described in this Section 10.

  11. Intellectual Property Rights Protection

    1. Respect of Third-Party Rights. Mootion respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
    2. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following email address: Mootion Discord Server

    12. 11.1 Procedure for Reporting Claimed Infringement.  If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
    2. a description of the copyrighted work or other intellectual property right that you claim has been infringed;
    3. a description of the material that you claim is infringing and where it is located on the Service;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
    6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.

    Your Notification of Claimed Infringement may be shared by Mootion with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Mootion making such disclosures.

    11.2 Repeat Infringers. Mootion’s policy is to: (a) remove or disable access to material that Mootion believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Mootion will terminate the accounts of users that are determined by Mootion to be repeat infringers. Mootion reserves the right, however, to suspend or terminate accounts of users in our sole discretion.

    11.3 Counter Notification. If you receive a notification from Mootion that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Mootion with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Mootion’s Designated Agent through one of the methods identified in Section 11.3, and include substantially the following information:

    1. your physical or electronic signature;
    2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
    4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Mootion may be found, and that you will accept service of process from the person who provided notification under Section 11.2 above or an agent of that person.

    A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

    1. Reposting of Content Subject to a Counter Notification.  If you submit a Counter Notification to Mootion in response to a Notification of Claimed Infringement, then Mootion will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Mootion will replace the removed Capture in 10 business days, and Mootion will replace the removed Capture not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Mootion’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Mootion’s system or network.
    2. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “any person who knowingly materially misrepresents under Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Mootion] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Mootion reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 12, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

  12. Term, Termination, and Modification of the Service

    1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.b
    2. Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Mootion may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting customer service at Mootion Discord Server.
    3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Mootion any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5, 6, 810, 11, 12，13, 14, 15, 16, and 17will survive. You are solely responsible for retaining copies of any Captures you submit to the Service and any Models you receive from the Service since upon termination of your account, you may lose access rights to any Captures or Assets on the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
    4. Modification of the Service. Mootion reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Mootion will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any Captures you have submitted to the Service and Models you have received from the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to such Captures and Models.

  13. Indemnity.

    To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Mootion, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

  14. Disclaimers; No Warranties by Mootion

    1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING ALL MODELS, IMAGES, FILES, AND VIDEOS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. MOOTION DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS, CONTENT, AND MODELS AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Mootion DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS, CONTENT, OR MODELS OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND Mootion DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
    2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR MOOTION ENTITIES OR ANY MATERIALS, CONTENT, OR MODELS AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MOOTION ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA.
    3. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. MOOTION DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT MOOTION IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

  15. Limitation of Liability

    1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MOOTION ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, THE MODELS, OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MOOTION ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
    2. EXCEPT AS PROVIDED IN SECTIONS 17.5 AND 17.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE MOOTION ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, THE MODELS, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO MOOTION ENTITY FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.
    3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 7 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  16. Dispute Resolution and Arbitration

    1. Generally. You and Mootion agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. The Dispute shall be referred to and finally settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules (“HKIAC Rules”) in force when the Arbitration Notice is submitted. The place of arbitration shall be Hong Kong. The law governing this arbitration clause shall be Hong Kong Laws. The language of the arbitration will be English.
    2. No Class Actions. YOU AND MOOTION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND MOOTION AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
    3. Modifications to this Arbitration Provision. If Mootion makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Mootion’s address for Notice of Arbitration, in which case your account with Mootion will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
    4. Enforceability. If Section 8 or the entirety of this Section 8 is found to be unenforceable, or if Mootion receives an Opt-Out Notice from you, then the entirety of this Section 17 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 will govern any action arising out of or related to these Terms.

  17. Miscellaneous.

    1. General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Mootion regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your Captures, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
    2. Governing Law. These Terms are governed by the laws of Hong Kong without regard to conflict of law principles. 
    3. Privacy Policy. Please read the Mootion Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Mootion Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
    4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
    5. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
    6. Contact Information. You may contact us by sending correspondence to that address or by emailing us at Mootion Discord Server.
    7. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
    8. International Use. We make no representation that the Service is appropriate or available for use outside of the United States and Canada. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.