Terms of services

MotilityViz Terms of Use

These Terms of Service are an agreement (the “Agreement”) between MOTILITYVIZ LLC (“MOTILITYVIZ”) and you (“Client” or “you” or “your”). This Agreement states the terms and conditions of your use of the products and services (the “Services”) made available by MOTILITYVIZ and the motilityviz.com (“Site”) website. By using any of the Services, you agree to be bound by all of these terms and conditions of these Terms of Use (“Terms”). If you do not agree to these Terms, please do not access the Site.

These Terms apply to all users, the Site, including without limitation, the software included in the Site. Specific terms applicable to features within the Site are also set forth below. MotilityViz may, in its sole discretion, add to, change, or remove any part of these Terms at any time without notice to you, and you agree to be bound by such revisions. If any future revision is unacceptable to you, you should discontinue using the Site. Your continued use of the Site after MotilityViz’ posting of any revised Terms will indicate your acceptance of the then-current Terms.

  1. Access to and use of the Site

As long as you comply with the Terms, MotilityViz grants you a personal, non-exclusive, non-transferable, non-sublicensable limited license and authorization to access and use the Site.

You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, alter, modify, create derivate works from, frame, mirror or otherwise exploit any part of the Site unless explicitly permitted by MotilityViz. Software sold by Motilityviz on the Site are for your internal, non-commercial, non-clinical, academic research purposes only, under these Terms.  MotilityViz and its licensors reserve all rights not expressly granted in and to the Site and the Content. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and all other materials you may view on, access through, or contribute to the Site.  Except for the rights granted herein, all rights, title, and interest in and to the Site are hereby reserved by MotilityViz and its licensors. Nothing herein shall transfer ownership of any intellectual property rights from MotilityViz to you.

MOTILITYVIZ or Site does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these providers at your own risk. MOTILITYVIZ does not warrant the accuracy or completeness of any information regarding third-party providers. In order to access some features of the Site, when using any of the features or content or software on the Site, you must provide current, accurate and complete information. You must notify MotilityViz immediately of any breach of security or unauthorized use of your MotilityViz related information.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content. You agree not to use the Site in any manner that could damage, disable, overburden or impair any MotilityViz systems, interfere with any other party’s use of the Site, or violate the legal rights of any other party. You agree not to attempt to gain unauthorized access to any feature of the Site or other accounts.

If you breach any of these Terms, your authorization to use the Site automatically terminates. MotilityViz reserves the right to temporarily suspend or permanently terminate your access to any or all areas on the Site in its sole discretion without any notices. MotilityViz reserves the right to discontinue any aspect of the Site at any time.

The above Terms also apply to any services, Apps or Software offered by Motilityviz on other Mobile/Portable platforms, such as Google Play Store or Amazon App Store.

  1. General

You affirm that you are either more than 18 years of age or the age of majority of your particular domicile jurisdiction, or possess legal parental or guardian consent, and are fully able and competent, to enter into these Terms.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by MotilityViz without restriction.

You agree that your use of the Site shall be at your sole risk.

You assume total responsibility and risk for your use of the Site and the Content. The Site and the Content, including without limitation any information that is provided by MotilityViz or MotilityViz employees, are provided “as is”. To the fullest extent permitted by law, MotilityViz, its officers, directors, employees, agents and affiliates disclaim all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement, in connection with the Site and your use thereof. MotilityViz makes no warranties or representations about the accuracy or completeness of the Site’s Content or the content of any sites linked from the Site, and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site; (iii) any unauthorized access to or use of MotilityViz’ servers and/or any and all information, including personal information, stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any loss of any kind incurred as a result of your use of the Site.

In no event shall MotilityViz, its officers, directors, employees, agents and affiliates, be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from your use of the Site or any Content, whether based on warranty, contract, tort or any other legal theory, and whether or not MotilityViz is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You waive, any legal or equitable rights or remedies you have or may have against MotilityViz with respect thereto, and to the extent permitted by applicable law, agree to indemnify and hold harmless MotilityViz, its officers, directors, employees, agents and affiliates to the fullest extent allowed by law from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorneys’ fees) arising from: (i) your use of and access to the Site and the Content; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation copyright, property or privacy right; and (iv) any claim that your Content caused damage to a third party. This indemnification obligation shall survive these Terms and your use of the Site and the Content.

These Terms shall be interpreted, enforced and construed and the rights of the parties hereunder governed in all respects by the laws of the State of California, United States of America, without regard to its conflicts of law provisions, and you consent to the jurisdiction of the federal and state courts located in said state and consent to the service of process, pleadings and notices in connection with any and all actions initiated in such courts.  You agree that a final judgment in any such action or proceeding shall be conclusive and binding and may be enforced in any other jurisdiction. To the extent any governing law, treaty, or regulation is in conflict with these Terms, the conflicting terms of these Terms shall be superseded only to the extent necessary by such law, treaty, or regulation.  If any provision of these Terms shall be otherwise unlawful, void, or otherwise unenforceable, that provision shall be enforced to the maximum extent permissible.

These Terms, and any other terms, policies or documents incorporated herein by reference, including without limitation any other policies and statements provided on www.motilityviz.com, contain the entire understanding between you and Motilityviz and may not be modified or amended except by Motilityviz’ posting of a revision on its website.

Notices to Motilityviz under these Terms shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial delivery services, or by certified or registered mail, return receipt requested, to: MotilityViz, LLC, Attention: Legal Services, 1225 Skylark Drive, La Jolla, California, 92037 United States. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Motilityviz’s discretion.

  1. Export Restrictions

Motilityviz products are subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license Motilityviz products(i.e. software). By accepting this license, you warrant and represent to Motilityviz that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export Motilityviz products to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.

  1. Claims of Copyright Infringement

If you believe your work has been copied in a way that constitutes infringement and appears on the Site, please provide the following information in writing to MotilityViz’ Copyright Agent at the address below (please consult your legal counsel to confirm these requirements):

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • Upon receiving your notification containing the information listed above, MotilityViz shall (1) remove or disable access to the material alleged to be infringing; (2) forward the written notification to the alleged infringer; and (3) take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
  • If you have received notice from MotilityViz that material you have posted is alleged to be infringing and believe that such material is the wrongful subject of a copyright takedown notice, you may file a counter notification with MotilityViz by providing the following information in writing to MotilityViz’ Copyright Agent at the address below (please consult your legal counsel to confirm these requirements):
  • Your electronic or physical signature;
  • A description 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;
  • 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
  • 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 your address is located, or if your address is outside the United States, for any judicial district in which MotilityViz may be found, and that you will accept service of process from the person who provided the infringement notification, or an agent of such person.
  • Upon receiving a counter notification containing the information listed above, MotilityViz shall (1) promptly provide the complaining party with a copy of the counter notification; (2) inform that complaining party that MotilityViz will replace the removed material or cease disabling access to it within ten (10) business days; and (3) replace the removed material or cease disabling access to it within ten (10) to fourteen (14) business days following receipt of the counter notification, provided MotilityViz’ Copyright Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the allegedly infringing material accessible on MotilityViz website.
  • MotilityViz Copyright Agent

1225 Skylark Drive, La Jolla, California, 92037 United States

For clarity, only claims of copyright infringement should be sent to the Copyright Agent noted above; other inquiries regarding MotilityViz website should be sent to Customer Support.

  1. Payment

Motilityviz provides subscription-based services that renew automatically on a recurring basis to prevent any disruption of said services.

Payment for all non-hourly services is due and payable in advance of the time in which said services are provided. Payment for all hourly services is due and payable on the first (1st) of every month for the usage of the service for the previous month.

Using payment information for Credit Card or PayPal at the time checkout will store that information on file for future use.

All invoices will be paid automatically using the payment information stored on file with Motilityviz, such as Credit Card or PayPal. This would include invoices for new orders, renewal of existing services, hourly service usage, invoices created from the Client Area, and fees of any kind.

Listed fees for Motilityviz services do not include any sales, use, revenue, excise, or other taxes imposed by any taxing authority. Any non-hourly service with an invoice that is outstanding for more than twenty-one (21) days may be terminated. All services billed on an hourly rate must be paid for within seven (7) days of their due date or risk suspension. Any hourly service that is unpaid beyond fourteen (14) days will be terminated.

Please note that if you have purchased Motilityviz products or software through ASCH Japan Co., Ltd, or an agent, or third person, or affiliate, Motilityviz shall not be responsible for any payment matters, including but not limited to refunds, transaction disputes, or financial liabilities associated with such purchases. It is your sole responsibility to resolve any payment-related issues directly with the company, agent, third person, or affiliate from whom you made the purchase. We disclaim any legal liability arising from transactions conducted through companies, agents, third persons, or affiliates.

  1. Refunds

Motilityviz allows for a refund of services (software licenses) if canceled within the first seven (7) Days of purchase if purchase was made through direct payment to Motilityviz by the user and not through ASCH Japan Co., Ltd. Motilityviz reserves the right to refuse refunds to Clients who have received abuse complaints during their use of the service. Moreover, payments made using Cryptocurrency and Skrill as the payment method are not eligible for refunds.

  1. Abuse Towards Motilityviz

At Motilityviz, Clients are treated with respect. In return, Motilityviz expects an equal level of respect from their Clients. If Motilityviz feels that a Client is being disrespectful or demeaning towards any staff member, Motilityviz reserves the right to completely remove/terminate the Client’s account. The Client will not be entitled to any refunds. However, refunds may be issued for advanced payments if Motilityviz chooses to do so.

  1. Violation of Motilityviz Service Agreement

Failure to fully comply with the Motilityviz Service Agreement or this Agreement may result in an immediate suspension and/or termination without any refund. There will be no refunds for payments made in advance. Motilityviz Clients must adhere to their Motilityviz Service Agreement and with this Agreement. If a Client is uncertain about the terms of the Motilityviz Service Agreement or this Agreement, or has any other questions about these Agreements, they should contact Motilityviz via the Motilityviz support portal (client area) for clarification.

Motilityviz reserves the right to remove/suspend any account without notice if the Motilityviz Service Agreement or this Agreement is violated. If a Client violates the Motilityviz Service Agreement or this Agreement, Motilityviz will either give the Client warning, if Motilityviz so chooses, or immediately terminate/delete Client’s account. No warning is required.

  1. Price/Plan Changes

The amount a Client pays for purchasing any Motilityviz products will never increase from the date of purchase, unless Motilityviz incurs undue costs associated with providing the service. In this event Motilityviz will provide all affected clients a minimum of 30 days’ notice. Motilityviz reserves the right to change prices listed on.

  1. Changes to the Agreement or the Services

Motilityviz may modify, add, or delete portions of this Agreement at any time. Motilityviz will post a notice on the Motilityviz website for a period of 30 days before the effective date of any such change. Thereafter, your use any of the Services shall constitute agreement to such change. Motilityviz may modify, change, or discontinue any aspect of the Services at any time. For Apps/Services offered by Motilityviz for portable devices, MotilityViz may allow free use of its services for a limited amount of time, and may disable, discontinue and remove these services at any time.

  1. Cancellations

All cancellation requests must be submitted in the client area and confirmed in the ticket that is generated from this action. Attempting to cancel through any other form of contact, method, or actions taken with third parties would not be considered a valid cancellation request.

Services that are not correctly canceled through the process outlined above will remain active. Failure to complete the cancellation process before the next billing cycle begins will result in your being automatically billed for the service’s renewal, for which refunds will not be given.

Motilityviz only offers immediate cancellations, and requests to cancel at a future date would not be considered a valid cancellation request and will not be completed. All cancellations once confirmed, are processed immediately; resulting in the service and data stored being purged from our systems. Please ensure you have full backups of all of your data prior to completing the cancellation process.

Motilityviz does not charge late fees, however, if a service is paid for late, the next due date for the service will not be adjusted. If a Client has multiple services with Motilityviz, failure to pay one of their active services without a proper cancellation may result in their other active service’s suspension due to the account having an outstanding invoice. Motilityviz will send several reminders and warnings prior to this action given the severity of full account suspension.

  1. Termination

Motilityviz may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; or (iii) as otherwise specified in this Agreement. In such event, Motilityviz shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

Upon termination of the services for any reason, user content, user websites, and other data will be deleted.

  1. Miscellaneous

Nothing in this Agreement will be construed to imply a joint venture, partnership or principal-agent relationship between MotilityViz and you, and neither party will have the right, power or authority to obligate or bind the other in any manner whatsoever.

These Terms shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of these Terms or of any other provision hereof. Should any provisions herein be declared void or unenforceable by any court of competent jurisdiction, the parties intend that a substitute provision will be added to these Terms that, to the greatest extent possible, achieves the intended commercial result of the original provision.