Terms of Use

Statement of Rights and Responsibilities

When you access or use our Services (defined below), you are entering into a legal agreement. You agree to and are governed by these User Terms of Use (these “Terms of Use”). You also agree to the TheMotivApp Inc. Privacy Policy (“Privacy Policy”), which covers how we collect, use, share, and store your personal information. The relationship between TheMotivApp Inc. and your Organization (as defined below) is governed by any separate Organization Terms of Service (“Organization Terms”), and certain definitions in these Terms of Use may refer to those Organization Terms. The Organization Terms are incorporated herein by reference.

You agree that by clicking “Join,” “Sign Up,” or similar buttons; by registering or opening an account with TheMotivApp Inc.; or by accessing or using our Services, you are entering into a legally binding agreement with us (even if you are using our Services on behalf of a company, team, league, or school). By doing so, you also acknowledge that you have read, understand, and agree to our Privacy Policy.

‌1. Your Acceptance of These Terms of Use
1.1 Binding Agreement
By accessing or using the Services, you represent that you have the legal authority to accept these Terms of Use. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms of Use on your behalf.

1.2 Privacy Policy
The TheMotivApp Inc. Privacy Policy (available at https://www.themotivapp.com) applies to your use of the Services and is hereby incorporated by reference. By using the Services, you expressly agree to the practices described in the Privacy Policy.

2‌. Modification of These Terms of Use and Our Services
2.1 Changes to Terms
We reserve the right, at any time and from time to time, in our sole discretion, to modify or update these Terms of Use. We may post a notice of changes to the Terms of Use on our website or otherwise notify you. Changes take effect immediately upon posting. If any change is not acceptable to you, you must stop using the Services. Your continued use of the Services after any modifications have been posted constitutes your acceptance of the revised Terms of Use.

2.2 Changes to Services
We may add to, update, delete from, or modify the Services at any time, at our sole discretion, with or without notice. You agree that TheMotivApp Inc. shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

‌3. Services; Site
3.1 Scope
These Terms of Use apply to anyone who uses or accesses Motiv or the TheMotivApp Inc. platform (“Services”), including but not limited to administrators or registered members within a particular organization, team, league, or school.

3.2 Site and Platform
The website https://www.themotivapp.com and any associated subdomains, mobile applications, online services, or other electronic means of accessing the Motiv platform are collectively referred to as the “Site.” Content on or made available through the Site (the “Content”) is provided for informational, educational, or organizational management purposes only.

3.3 Links to Third Parties
The Site or Services may contain links to third-party websites or resources that are not owned or controlled by TheMotivApp Inc. We do not endorse, guarantee, or assume responsibility for any third-party sites, content, products, or services.

3.4 Posting Restrictions
You are strictly prohibited from uploading or posting anything that is unlawful, harmful, hateful, harassing, threatening, abusive, invasive of privacy or publicity rights, defamatory, obscene, lewd, sexually explicit, objectionable, or that contains any virus or malware. TheMotivApp Inc. and any administrators designated within the Services reserve the right (but have no obligation) to remove any posting that violates these restrictions.

3.5 Removal of User Submissions and Suspension
TheMotivApp Inc. or designated administrators have the right, at their sole discretion, to censor, remove, edit, or reject any User Submissions and to restrict, suspend, or terminate access to all or part of the Services at any time, without notice and liability.

3.6 No Guarantees on Storage
You acknowledge that TheMotivApp Inc. may establish limits on the amount of storage available for User Submissions. We have no responsibility or liability for the deletion or failure to store any User Submissions.

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4. Access; Accounts
4.1 Age and Parental Consent
If you are under the age of 18, you must obtain parental or guardian consent before accessing or using the Services. Parents or guardians who grant consent are responsible for the conduct of minors in connection with the Services.

‌4.2 School and Organizational Authority
Schools, school districts, organizations, coaches, administrators, or other authorized representatives may create, manage, or approve accounts, teams, programs, or activities on behalf of minors or participants as permitted by applicable law. TheMotivApp Inc. relies on such representations of authority and is not responsible for internal authorization disputes.

4.3 Account Registration and Security
When you register, you agree to (a) provide accurate, current, and complete information;

(b) maintain the security of your password; and (c) accept all risks of unauthorized access to your account. You are fully responsible for all use of your account.

4.4 Prohibited Uses
You agree not to impersonate another user or individual, and acknowledge that the Services are for public or semi-public communications, not private. You have no expectation of privacy regarding User Submissions beyond what is described in our Privacy Policy. You are also prohibited from harvesting or collecting personal information of other users without their explicit consent.

‌5. Intellectual Property Rights
5.1 Ownership
All content within the Site or Services (excluding User Submissions) is the property of TheMotivApp Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws.

5.2 License and Restrictions
Subject to your compliance with these Terms of Use, TheMotivApp Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, educational, or organizational purposes. You may not reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content unless explicitly permitted by TheMotivApp Inc.

5.3 Marks
The trademarks, service marks, and logos (“Marks”) displayed on or within the Services are owned or licensed by TheMotivApp Inc. You may not use our Marks without prior written permission in each instance.

6‌. School and Organizational Intellectual Property
6.1 Authorization
By creating an account, joining a school or organization, or placing an order through the Services, you represent and warrant that you have the authority to use and authorize the use of any school names, organization names, team names, logos, mascots, seals, colors, or other branding elements submitted, selected, or otherwise used in connection with the Services.

6.2 License to TheMotivApp Inc.
You grant TheMotivApp Inc. a limited, non-exclusive, royalty-free license to use such branding solely for the purpose of operating the Services, producing merchandise, fulfilling orders, and providing related services, whether on a school-wide, organization-wide, program, or other approved basis.

6.3 Ownership
All school and organizational branding remains the property of its respective owner. TheMotivApp Inc. does not claim ownership of any such intellectual property.

6.4 Reliance on Authorization
TheMotivApp Inc. relies on the representations of schools, organizations, administrators, coaches, and other authorized representatives regarding permissions and shall not be responsible for disputes arising from unauthorized use of submitted or selected branding.

6.5 Removal or Restriction
TheMotivApp Inc. reserves the right to remove, restrict, or discontinue use of any branding if requested by the rights holder or if required to comply with applicable law or policy.

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7. Merchandise Orders and Fulfillment
7.1 Merchandise Availability
Certain features of the Services may allow users to purchase custom merchandise. Merchandise may be produced on demand and may include school-wide, organizational, program-related, or other approved branding.

7.2 Order Acceptance and Delivery
All merchandise orders are subject to availability and acceptance. Delivery timelines are estimates only and are not guaranteed.

7.3 Custom Merchandise and Refunds
Because merchandise is custom-produced, orders may be non-refundable except in cases of defect or error as determined by TheMotivApp Inc. in its sole discretion.

7.4 Order Modification or Cancellation
TheMotivApp Inc. reserves the right to cancel, refuse, or modify any order due to errors, availability issues, compliance concerns, or suspected misuse.

7.5 Branding Usage
Use of any school, organizational, or other branding on merchandise is subject to Section 6 (School and Organizational Intellectual Property) of these Terms of Use.

‌7.6 Defects, Sizing, and Exchanges
Determinations regarding defects or errors in merchandise shall be made by TheMotivApp Inc. in its sole discretion. Variations in sizing, fit, color, or appearance that are consistent with standard manufacturing tolerances do not constitute defects. Exchanges or replacements for sizing issues may not be available for custom-produced merchandise.

7‌.7 Shipping Information Responsibility
You are responsible for providing accurate and complete shipping information for merchandise orders. TheMotivApp Inc. is not responsible for delays, losses, or failed deliveries resulting from incorrect or incomplete shipping information provided by you.

7‌.8 Design Previews and Customization Disclaimer
Any previews, mockups, or digital representations of merchandise designs are provided for illustrative purposes only. Final printed products may vary slightly in color, placement, scale, or appearance due to manufacturing processes, materials, or equipment limitations.

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8. Payments and Third-Party Processing
8.1 Payment Processing
Payments for merchandise or other paid features are processed through third-party payment providers, including platforms integrated with InkSoft and its affiliated payment processors. TheMotivApp Inc. does not store or process payment card information directly.

8.2 Third-Party Terms
By making a purchase, you agree to be bound by the applicable third-party payment

processor’s terms and privacy policies.

8.3 Processor Responsibility
TheMotivApp Inc. is not responsible for errors, interruptions, or security issues arising from third-party payment services.

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9. User Submissions
9.1 Definition
“User Submissions” means text, information, data, audio, video, photographs, and any other content or media that you submit, post, or upload through the Services.

9.2 Your Responsibility
You are solely responsible for your User Submissions. By submitting User Submissions, you represent and warrant that:

You own or have the necessary rights to use and authorize TheMotivApp Inc. to use all proprietary rights in your User Submissions.
Your submission does not violate any confidentiality obligations or infringe any intellectual property, privacy, or publicity rights of third parties.

9.3 License to TheMotivApp Inc. (Non-Video Content)
Except as otherwise provided for Video Content below, you hereby grant TheMotivApp Inc. a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, reproduce, distribute, transmit, display, perform, modify, create derivative works of, and otherwise exploit your User Submissions in connection with providing the Services and for TheMotivApp Inc.’s business purposes. You also grant TheMotivApp Inc. the right to use your name, image, and likeness in connection with your User Submissions.

9.4 Video Content
By uploading or submitting video content (“Video”), you grant TheMotivApp Inc. a non-exclusive, royalty-free, perpetual license to use, reproduce, transmit, display, edit, distribute, index, comment on, modify, create derivative works from, perform, and otherwise exploit the Video within or in connection with the Services. If you choose to “release” the Video (make it viewable or accessible to other users or third parties through the Services), you further grant TheMotivApp Inc. the right to sublicense such Video to third-party distributors or platforms in conjunction with offering the Services.

9.5 Prohibited Content
User Submissions that are false, misleading, defamatory, pornographic, obscene, or promote illegal activities are prohibited. You also must not upload any content that contains harmful code such as viruses or malware.

‌10. Digital Millennium Copyright Act (DMCA)
10.1 Notification
If you believe that any content in the Services infringes your copyright, you may submit a DMCA notice with the following information:

Your physical or electronic signature
Identification of the copyrighted work(s) claimed to be infringed
Identification of the material that is claimed to be infringing and its location
A statement of your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
Your contact information (address, telephone number, and email address)
A statement under penalty of perjury that the information in your notification is accurate and that you are authorized to act on behalf of the copyright owner

Please direct DMCA notices to:

Email: Connect@theMotivapp.com

10.2 Counter-Notification
If your content was removed in error, you may file a counter-notice in accordance with the DMCA. Upon receipt of a valid counter-notice, we may restore your content in our discretion unless the claiming party files an action seeking a court order.

10.3 Repeat Infringers
We may terminate user accounts that are subject to multiple claims of infringement.

1‌1. Member Disputes
You are solely responsible for your interactions with other users, administrators, teams, leagues, or schools. TheMotivApp Inc. reserves the right (but has no obligation) to monitor disputes and take appropriate action at its sole discretion.

1‌2. Warranty Disclaimer
12.1 Services Provided “AS IS”
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

12.2 Third-Party Content
TheMotivApp Inc. does not warrant or endorse any third-party content, nor does it assume liability for any product, service, or content advertised or offered by a third party on or through the Services.

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13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THEMOTIVAPP INC. OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, USER SUBMISSIONS, OR CONTENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

THEMOTIVAPP INC.’S TOTAL LIABILITY FOR ANY CLAIM RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO THEMOTIVAPP INC. FOR ACCESS TO OR USE OF THE SERVICES.

Some jurisdictions do not allow the limitation or exclusion of certain liabilities, so the above limitations may not apply to you.

1‌4. Indemnification
You agree to defend, indemnify, and hold harmless TheMotivApp Inc., its members, managers, employees, agents, affiliates, officers, and directors from any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys’ fees) arising from your use of the Services, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity.

‌15. Wireless Features
15.1 Mobile Access
Accessing the Services via a mobile device may result in data or messaging charges from your provider. You are responsible for such charges.

15.2 Text Messages and Notifications
By providing a mobile number, you consent to receive text messages, alerts, or notifications from TheMotivApp Inc. You can opt out by following the unsubscribe instructions in those messages or by adjusting your user account settings.

‌16. Assignment
You may not assign or transfer your rights or obligations under these Terms of Use without prior written consent from TheMotivApp Inc. TheMotivApp Inc. may freely transfer or assign any or all of its rights under these Terms of Use without restriction.

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17. Dispute Resolution; Arbitration; Class Action Waiver
17.1 Informal Resolution
If you have a dispute with TheMotivApp Inc., you agree to first attempt to resolve the dispute informally by contacting us at Connect@theMotivapp.com

17.2 Binding Arbitration
Any dispute arising out of or relating to these Terms of Use or your use of the Services that cannot be resolved informally shall be resolved by binding arbitration under the JAMS Streamlined Arbitration Rules & Procedures. Arbitration means you waive your right to a jury trial.

17.3 Class Action Waiver
YOU AGREE THAT ANY CLAIMS AGAINST THEMOTIVAPP INC. MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17.4 One-Year Limitation
Any claim arising out of or related to these Terms of Use must be filed within one (1) year after the claim arose; otherwise, it is permanently barred.

1‌8. Governing Law and Venue
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions, and the Federal Arbitration Act to the extent applicable. Subject to the arbitration provisions, you consent to the exclusive jurisdiction of the federal and state courts located in Delaware state, for resolving any dispute regarding these Terms of Use that is not otherwise arbitrable.

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19. California Consumer Rights
If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 400 R St., Suite 1080, Sacramento, California 95814 or by telephone at (916) 445-1254.

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20. Connectivity
You are responsible for obtaining and maintaining your Internet connection and any devices used to access the Services. TheMotivApp Inc. makes no warranties regarding the speed or availability of your data connection.

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21. Additional Terms for Apple iOS Users
If you access the Services through an Apple device:

You acknowledge that these Terms of Use are between you and TheMotivApp Inc., not Apple. Apple is not responsible for the Services or its content.
Apple has no obligation to provide maintenance or support services with respect to the Services.
If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price.
Apple is not responsible for addressing any claims by you or a third party relating to the Services or your use.
Apple is a third-party beneficiary to these Terms of Use and has the right to enforce them against you.

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22. Force Majeure
Neither TheMotivApp Inc. nor any administrator or Organization using the Services will be liable for any delay or failure to perform resulting from causes outside the reasonable control of such party, including acts of God, labor disputes, accidents, or any other causes beyond such party’s control.

‌23. Invalidity and Waiver
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, that provision will be replaced with a valid, enforceable provision that best reflects the intent of the original provision, and the remaining provisions will remain in full force and effect. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.

‌24. No Spam Policy
You understand and agree that sending unsolicited email advertisements to users or administrators of the Services is expressly prohibited. Any unauthorized use of the Services for spam may result in legal consequences, including under the Computer Fraud and Abuse Act, the CAN-SPAM Act, and various state laws.

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25. Termination / Exclusion
We may, at our sole discretion, revoke or suspend your access to the Services at any time if you violate these Terms of Use or if we suspect any misconduct. You agree that TheMotivApp Inc. shall not be liable to you or any third party for terminating or suspending your access.

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26. User Suggestions
You acknowledge and agree that any suggestions, ideas, comments, or other feedback provided by you to TheMotivApp Inc. related to the Services (“Feedback”) are not confidential, and TheMotivApp Inc. may use such Feedback for any purpose without any compensation to you.

‌27. NCAA Regulations / Other Regulations
TheMotivApp Inc. is not affiliated with or sponsored by the NCAA. You are responsible for complying with any applicable NCAA (or other) regulations that may apply to you or your Organization. TheMotivApp Inc. is not liable for any violation of such regulations.

‌28. State or Local Government Organizations
If you are a state or local government entity, any provisions regarding governing law, venue, or indemnification may not apply to the extent they are legally prohibited. TheMotivApp Inc. reserves all rights and defenses under the law.

‌29. Effective Date
These Terms of Use are effective as of December 27th, 2025, and remain in effect unless otherwise amended by TheMotivApp Inc.

‌30. Contact Information
If you have questions, comments, or concerns about these Terms of Use or the Services, please contact us at:

TheMotivApp Inc. Attn: Terms of Use

Email: Connect@themotivapp.com

Website: https://www.themotivapp.com

Last Updated: December 27th, 2025