Terms of Service

We welcome applications for the use of the Motiff Software (hereinafter referred to as the “Software”) provided by MOTIFF PTE. LTD. (hereinafter referred to as “Motiff”). Before using the services provided by Motiff (hereinafter referred to as the “Services”), you (hereinafter referred to as the “user”) must carefully read, fully understand and choose to accept or not accept the terms and conditions of the Terms of Service (hereinafter referred to as the “Agreement”) and the Privacy Policy, including but not limited to the terms and conditions that exclude or limit the liability of Motiff, especially the terms and conditions regarding the exclusion or limitation of liability, dispute resolution and applicable law. A minor should be accompanied by his/her legal guardian while reading the Agreement.

When you fill in the information as prompted on the registration page, read and agree to the Agreement and complete all the registration procedures, when you fill in the information as prompted on the activation page, read and agree to the Agreement and complete all the registration procedures, or when you actually use the Services in other ways allowed by the “Motiff” software, you shall be deemed to have fully read, understood and accepted the entire content of the Agreement, and the Agreement shall become legally binding. You undertake to accept and abide by the Agreement, and you shall not claim that the Agreement is invalid, or that it can be revoked, on the grounds that you have not read the contents of the Agreement or that you have not received an answer to your inquiry from the Software.

The Agreement may be updated by Motiff from time to time, and the updated terms and conditions will be sent to you by way of publication on the webpage and replace the previous terms and conditions once they are posted, and the user may review the latest version of the Agreement on the Software. After Motiff has amended the terms of the Agreement, if you do not accept the amended terms, please immediately discontinue use of the Software and services provided by Motiff; the user’s continued use of the services provided by Motiff will be deemed the acceptance of the amended terms of the Agreement.

The content of the Agreement also includes the relevant agreements and business rules that Motiff may issue from time to time regarding the Services. Once the above-mentioned contents are officially published, they are an integral part of the Agreement, and the user is also required to abide by them.

If you are registering, logging in, and using the Software on behalf of an organization and not on your own behalf, you will be deemed to be fully authorized by that organization to agree to this Agreement, as well as to modifications and additions to the Agreement from time to time, on behalf of that organization.

If you have any questions, please contact us using the contact information at the end of the Agreement.

Date of Issue: May 13, 2024

Effective Date: May 13, 2024

I. Parties to the Agreement

This Agreement is jointly entered into by the user who uses the Software and Services displayed on motiff.com (i.e., the official website of Motiff) that is applicable to the “Motiff” products, including but not limited to those who use the software and services through webpages, PC clients, mobile apps, mini-programs, community services, and other methods.

1.1 When you use the Services, there may be two different identities, including customers and authorized users. The relevant definitions are as below:

(1) Authorized users refer to natural persons who are authorized or invited to join the organizational structure built on Motiff and use the Services.

(2) Customers refer to legal persons or other organizations that register accounts for the Services through authorized natural persons, build organizational structures, and have management authority. Customers can invite individuals to join their organization as authorized users.

1.2 Individual users may use the Service for personal purposes after registering as individuals. After logging in as an individual user, you can decide to upload, view, or delete user content or personal information within the scope permitted by law and this Agreement.

1.3 Customers may invite authorized users by sending us authorization lists or other means. You also agree that in order for you and other authorized users of the customer to enjoy certain functions of the Services, the customer may provide your information to us and other authorized users of the customer. The collection, use, and sharing of your information by the customer shall comply with relevant laws and regulations. We will only process your information at the request of the customer and shall not be legally liable for the customer’s related actions. Please refer to the Privacy Policy for the detailed processing of personal information and user content of authorized users.

1.4 As an authorized user, the customer may manage your identity as an authorized user and related rights based on that identity, including but not limited to joining, removing, and adjusting permissions and restricting service content. You undertake to use the Services in accordance with the customer’s authorization scope and regulations while complying with the relevant specifications of the Services. If you lose your identity as an authorized user, we have the right to delete or transfer the service content based on that identity as instructed by the customer. Please be aware that the customer shall be solely responsible for all customer policies and practices related to your use of the Services, as well as any settings that may affect or restrict your use of the Services or access to customer data, and shall provide you with full explanation and notification about the same. In this regard, we shall not be held liable in any way.

1.5 If you register for the Services on behalf of the customer, you undertake that you have obtained full authorization from the customer to accept and fulfill all the contents of this Agreement on its behalf. In this case, the customer shall be legally and financially responsible for all actions arising from your use of the Services. If the customer separately reaches other agreements with Motiff regarding the use of the Services, and if there is a conflict between the contents of this Agreement and other agreements, the relevant contents of the other agreements separately reached shall prevail. For matters not covered in the Agreement, the provisions in other agreements shall prevail.

II. Registration and Account Management

2.1 Users who become users of the Software upon registration shall receive an ID (hereinafter referred to as “account”). Some functions or services provided by the Software may require you to open an account. You are required to maintain the confidentiality of the information you hold in your account, including your password, account number, etc., in a proper manner. You are responsible for the confidentiality of your account and any passwords, authentication keys, or security credentials used to enable you to access the Services and all activities under your account, whether by you or your end users. You agree to immediately notify Motiff of any unauthorized use of your account or password or any other breach of security.

2.2 If you are an enterprise/organization user, you can create your enterprise or organization after logging into the Software. You can choose to invite authorized users to join the Software as your end users by sending us an authorization list or other means (specific methods are subject to the actual methods provided by Motiff).

2.3 Motiff shall possess the ownership of the “Motiff” account. You only obtain the right to use the Motiff account after completing the application procedures for registration. The right to use an account only belongs to the initial applicant. You shall not grant, lend, rent, transfer, or sell the account.

2.4 The user shall abide by the terms and conditions hereof and use the Services in a proper way. In case of violation of any provisions hereof by users, Motiff shall have the right to suspend or terminate the Services provided to the account of a user in breach after sending a notice.

2.5 If Motiff finds or receives a report from others complaining that users violate the Agreement, Motiff shall be entitled to delete and block the relevant content at any time without notice, and impose penalties on the illegal account including, without limitation, warning, restricting or prohibiting the use of some or all functions, blocking or canceling the account, etc. depending on the circumstances of the behavior, and shall be entitled to announce the processing results.

2.6 All the other rights not expressly authorized by the clause or other clauses in the Agreement shall still be reserved by Motiff, and you must get another written permission from Motiff to exercise such rights. Failure to exercise any aforesaid rights shall not constitute Motiff’s waiver of such rights.

2.7 If you provide us with your email address, we may use the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other marketing or advertising messages, such as changes to features of our Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by clicking the unsubscribe link within each marketing or advertising message. Opting out will not prevent you from receiving Services-related notices.

III. Software Acquisition, Installation and Upgrades

3.1 You can acquire the Software from a third party that has been authorized by Motiff. If you acquire the Software or the installation program with the same name as the Software from a third party that has not been authorized by Motiff, Motiff cannot guarantee that it will be used normally and Motiff accepts no liability for any loss thereby caused to you.

3.2 Motiff may develop different software versions for different terminal devices, and you should choose the appropriate version for installation and use according to the actual situation.

3.3 In order to improve user experience and service content, Motiff will continuously develop new services and provide you with software updates (such updates may take the form of software replacement, modification, feature enhancement, version upgrade, etc.) from time to time. In order to ensure the security and functional consistency of the Software and the Service, Motiff shall be entitled to update the Software without special notice to you, or change or limit some functions of the Software. After a new version of the Software is released, the old software version may be unusable. Motiff does not promise that old versions of the Software are continually usable or can serve corresponding users appropriately. You are advised to check it from time to time and use the latest version.

IV. Service Introduction to the Software

4.1 To the extent provided in the terms and conditions of this Agreement., we grant you the right to access and use the Services, and access Motiff content, which can only be accessed by using the Services. The License is a non-exclusive, restricted, non-transferable, non-sublicensable, and irrevocable license. Motiff reserves all rights with respect to the Service and the contents of Motiff. You may not copy, adapt, reproduce, distribute, transmit, broadcast, display, sell, license, vertically search, mirror, or otherwise unauthorized access to and use the Services and Motiff content in any form for any purpose, without our (or our authorized party’s) prior written consent,

4.2 You understand and acknowledge that the services described herein may only be available to certain users or in certain ways (e.g., for a fee) and that the actual features available to you when you access and use the Service are those, we actually provide for you.

V. Use Guidelines for Users

When using the Software, the user shall comply with the relevant laws and regulations of Singapore and provisions of the relevant international conventions. A user shall agree that it will not use the service for any illegal or improper activities, including but not limited to:

5.2 The user may not use his/her ID to capture the Services to produce, upload, copy, publish, transmit, or disseminate content that disrupts the normal operation of the Software and infringes on the legitimate rights and interests of other users or third parties, including but not limited to:

(1) Contents containing any sexual or sexual connotation;

(2) Contents containing insults, threats, or intimidation;

(3) Contents containing harassment, spam advertising, malicious information, or deceptive information;

(4) Contents that involve privacy and personal information or data of any other person;

(5) Contents that infringe the legitimate rights such as general personality right, reputation right, portrait right, intellectual property rights, and trade secrets of others;

(6) Contents that interfere with the normal operation of the Software and infringe on the legitimate rights and interests of other users or third parties;

(7) Contents that contain false, harmful, threatening, invasion of privacy, harassment, infringement, defamation, vulgar, obscene, or other morally repugnant content.

5.3 Users shall not use the Software for any other illegal purpose or engage in the following acts when using the Software:

(1) without permission, entering the computer information network or using computer information network resources;

(2) without permission, making deletions, changes, or additions to the functions of the computer information network;

(3) without permission, making deletions, changes, or additions to the data and application stored, processed, or transmitted in the computer information network;

(4) deliberately making or disseminating destructive programs such as computer viruses;

(5) having other behavior that would endanger computer network information security.

5.4 The user may not engage in the following activities using the Software:

(1) Submitting or publishing false information, or impersonating or using others’ names by stealing others’ avatars or information;

(2) Forcing or inducing other users to follow, click on links, or share information;

(3) Fabricating facts or concealing truth to mislead and deceive others;

(4) Infringing the legitimate rights such as reputation right, portrait right, intellectual property rights, and trade secrets of others;

(5) Carrying out promotion or mutual promotion by using Motiff accounts and any functions thereof without written permission from Motiff;

(6) Creating a number of fake accounts through technological means;

(7) Producing or releasing methods or tools related to the aforementioned behaviors, or operating or spreading such methods or tools, regardless of whether it is for commercial purposes;

(8) Engaging in other behaviors that break the law, infringe upon other users’ lawful rights and interests, or interfere with the normal operations of the Software.

5.5 Motiff reserves the right to block, lock, or even deregister any user whose nickname, or avatar, or other profile contains the following information (including but not limited to):

(1) Nicknames containing information that severely violates laws and regulations and social order, including or containing reactionary or pornographic information (including symbols, addresses, etc.);

(2) Using the real names, words, aliases, stage names, pseudonyms, or titles of leaders of the influential political/historical and contemporary figures at home and abroad, and well-known figures on the Internet as nicknames;

(3) Using the names and logos of state agencies, enterprises and institutions, well-known companies, or brands as nicknames;

(4) Nicknames containing gender discrimination, racial discrimination, regional discrimination, etc.;

(5) Nicknames containing self-humiliation, indecent assault, or uncivilized and unhealthy information that insults, provokes, abuses, or attacks others;

(6) Nicknames containing information that is easily misunderstood or causes misunderstanding;

(7) Using nicknames bearing “Motiff” related names without official permission from Motiff;

(8) Nicknames that are similar to or identical to the nicknames of Motiff’s official managers and may cause confusion or disputes; nicknames with obvious advertising nature;

(9) Information contained in other laws and regulations and Motiff’s prohibition rules, or information contained in user avatars, nicknames, and other personal information as Motiff deems to be detrimental to the protection of children’s physical and mental health.

5.6 In case of any claim, demand, or loss claimed by any third party arising from or caused by a user’s violation of the Agreement or the relevant service terms (including but not limited to legal costs, and litigation costs incurred in resolving such disputes), you agree to indemnify and hold harmless Motiff and its related companies and cooperative companies and indemnify from and against any lose and damage. In this regard, Motiff reserves the right to take measures against users, including but not limited to deleting user-posted content, suspending usage licenses, terminating the Services, restricting usage, reclaiming IDs, and pursuing legal responsibilities, depending on the nature of the user’s behavior.

For malicious registration of IDs or engaging in illegal activities using IDs, disrupting, harassing, deceiving other users, or any other violations under this Agreement, Motiff has the right to reclaim their accounts. Additionally, Motiff will cooperate with judicial authorities upon their request for investigation.

The user shall be legally responsible for his/her actions during the use of the Software, taking full responsibility for the authenticity, legality, harmlessness, accuracy, and effectiveness of transmitted information. Forms of legal liability for users include but are not limited to compensating the injured party, and recovering damages from the user by Motiff after the Software has first assumed responsibility for administrative penalties or tortious damages resulting from the user’s actions.

VI. Intellectual Property Rights

6.1 The intellectual property rights of the content you submit on Motiff belong to you. The Services allow you to upload, create, or send digital information or materials (referred to as the “User Content”). You may also overlay or add other elements such as patterns, stickers, and virtual avatars provided by us on user content. You undertake and warrant that you own all necessary rights to, or have been legally authorized to, the content that you upload, store in, or share through the Software, and that our use, display, and retention of your content will not violate any law or the legal rights of others. You understand that Motiff is not responsible in any way for any content you provide and Motiff has no obligation to pre-screen such content. However, Motiff reserves the right to determine at any time whether any content provided by you complies with applicable laws and regulations or this Agreement, and to pre-screen, transfer, reject, modify, and/or delete content uploaded by you at any time without prior notice to you. If you use the Services in a manner that violates or is suspected of violating any national laws or regulations or infringes on the legitimate rights and interests of any third party, Motiff reserves the right to directly delete such violating information and may suspend or terminate the Services to you.

6.2 If you share your User Content with other users of the Software, you agree to grant these users the right to use your User Content (including any intellectual property rights and other related rights and interests) without restriction and free of charge, unless you explicitly state such restriction to the other party, but such statement and restriction can only bind on you and the other party. You undertake to upload, transmit, make available, and share only such User Content to or through the Software as you are willing and able to grant such rights.

6.3 All text, icons, user interfaces, visual interfaces, graphics, trademarks, logos, sounds, music, artwork, and computer code (collectively, the “Content”) contained in the Software, including, without limitation, the design, structure, selection, coordination, expression, appearance, and sequencing of such Content, are owned by Motiff or other right holders and are protected by copyright, patent, trademark, and various other intellectual property laws. The user shall not implement, use, or transfer such intellectual property rights, information, or materials in any way without the written consent of Motiff and the relevant right holders.

6.4 Except as expressly provided in this User Agreement, you may not copy, reproduce, reprint, upload, distribute, publicly display, encode, translate, transmit, or disseminate any part of the Software and any of its contents in any way to any other terminals, websites, or other media for the purpose of publication or distribution, or for any other commercial purpose, without the prior express written consent of Motiff and/or the relevant right holders.

6.5 Except as expressly permitted in this Agreement, the user may not modify, rent, lease, loan, sell, distribute, reproduce, create derivative works from, or use for any commercial purpose, in any form or by any means, any part or all of the Motiff Services.

6.6 This Agreement does not grant users the right to use any trademarks, service marks, logos, domain names, and other distinctive brand features of Motiff.

6.7 You agree to grant Motiff a non-exclusive, non-transferable, royalty-free right to use all of the above data to the extent of reasonable commercial use.

6.8 If you believe that your intellectual property or other legitimate rights have been infringed, please contact Motiff.

VII. Protection of Users’ Personal Information

Protecting users’ personal information is one of the basic principles of Motiff. Motiff will take reasonable measures to protect users’ personal information. Unless otherwise prescribed by laws and regulations, Motiff will not disclose the user’s personal information to a third party without the user’s permission. Motiff will store and transmit related information by means of specialized encryption, and guarantee the safety of users’ personal information. Please refer to the Privacy Policy for details.

VIII. Terms of Service for Minors

If the user is a minor under the age of 18, the Software and related services can only be used after he/she carefully reads and agrees to the Agreement under the guardianship, guidance, and consent of their guardian.

Motiff attaches great importance to the protection of minors’ personal information. The minors should strengthen their awareness of personal protection and be cautious when filling in their personal information. They should also use the Software and related services with the consent and under the guidance of their guardian.

To better protect the privacy rights and interests of minors, Motiff especially reminds you to carefully publish the contents containing materials of the minors. Once published, it is deemed that you have obtained the consent of the right holders to display the portraits, voices, and other information of the minors in the Software and related services, and allow Motiff to use and process the contents related to such minors according to the Agreement.

Special Note for Guardians: If your ward uses the Software and related services, you, as the guardian, should guide and supervise your ward’s registration and use behavior; if your ward applies for a registered account, Motiff will consider that he/she has obtained your consent.

Any minor user and his/her guardian understand and acknowledge that if you violate the laws and regulations and the contents of the Agreement, you and your guardian shall bear all the legal liabilities that may be caused thereby in accordance with the law.

IX. Precautions for Users

9.1 You understand and agree that the resources such as a processor of your terminal equipment and bandwidth will be utilized by the Software in order to provide you with competent services. The use of the Software may generate data traffic costs, the user needs to understand the relevant tariff information from the operator and be responsible for the relevant costs by themselves.

9.2 You understand and agree that Motiff will use its commercially reasonable efforts to ensure the security of your data storage during the use of the Software and the Service, but Motiff cannot guarantee it is absolutely safe, including but not limited to the following circumstances:

1. Motiff is not liable for your failure in data deletion or storage when accessing the software and its services.
2. Motiff has the right to decide, at its sole discretion, the maximum storage life of data obtained from the Software and the Service according to the actual situation for a single user, and may allocate the largest storage space on the server. You may back up relevant data obtained from the Software and the Service to your own needs;
3. Motiff may permanently delete your data if you stop using the Software and the Service or the Service is terminated or canceled. After the Service is suspended, terminated, or canceled, Motiff has no obligation to return any data to you.

9.3 When using the Software and the Services, the user shall bear the following risks on his/her own that are beyond Motiff’s control, including but not limited to:

1. The risk of loss or leakage of personal information that may be caused by irresistible factors;
2. Users must select the Software version that matches the terminal device installed. Otherwise, any problems or damages resulting from a mismatch between the Software version and the terminal device model shall be solely assumed by users;
3. When users use the Software to access third-party websites, the risks that may be caused by the third-party websites and related contents shall be borne by the users themselves;
4. The risks of failing to log in to Motiff, incomplete synchronization of data, slow opening of pages, etc. caused by unstable wireless network signals and small wireless network bandwidth.

9.4 You understand and agree that the Software, like most other Internet software, may be affected by a number of factors including but not limited to reasons related to the user, network service quality, social environment, etc., and may also be subject to harassment relating to various security problems, including but not limited to illegal usage of a user’s data by others, resulting in harassment in real life; other software downloaded and installed by a user or other websites visited by the user containing viruses, Trojans or other malware, threatening the security of your end device information and data, and then affecting normal use of the Software. Therefore, you shall enhance the awareness of protecting your information safety and personal information, and pay attention to password protection so as to avoid losses.

9.5 You understand and agree that you can upload and publish the Content (including but not limited to text, images, audio, video, live content and other forms of content and all components included in it such as music, sound, lines, visual design, dialogues, etc.) through the Software and related services after you have logged in, and that the sharing of content uploaded in the Software may give rise to re-dissemination, and that the Software shall not be held liable for any infringement resulting from such sharing.

X. Disclaimers

10.1 Motiff will strive to provide you with secure, stable, and high-quality Services. However, Motiff does not promise that any content, service, or function of the Software will be error-free or uninterrupted, or that your use of the Software will produce specific results. The Software and its contents are provided on an “as is” and “as available” basis. All information provided by the Software is subject to change without notice. Motiff makes no express or implied warranties, including any warranties of correctness, non-infringement, merchantability, and fitness for a particular purpose. Motiff shall not be liable for any acts, omissions, or behaviors of any third party related to your use of the Software and/or Motiff Services. If you are dissatisfied with the Software or any Content, you may stop using the Software or any such Content. The above disclaimer applies to any damages, liabilities, or injuries caused by any non-performance, error, negligence, interruption, deletion, defect, operation or transmission delay, virus, communication line failure, theft or destruction, or unauthorized, alteration or use (whether for breach of contract, tort, negligence or any other cause of action).

10.2 Motiff reserves the right, at any time and without notice, to (1) modify, suspend, or terminate the operation of or access to the Software or any portion thereof for any reason; (2) modify or change the Software or any portion thereof and the applicable policies or terms; and (3) interrupt the operation of the Software or any portion thereof as may be necessary to carry out any scheduled or unscheduled maintenance, error correction or other changes.

XI. Violations of the Agreement

11.1 You agree that Motiff may terminate your authority to use the Software if Motiff believes that you have violated this Agreement or any other agreements or guidelines that may be relevant to your use of the Software.

11.2 You agree that Motiff may, in its sole discretion and without prior notice, terminate your access to the Software for any of the following reasons, including (but not limited to): (1) at the request of governmental and judicial authorities; (2) discontinuance or material modification of the Software or any of the Services provided by the Software; and (3) unanticipated technical problems.

11.3 If Motiff brings a legal action against you as a result of your breach of the Agreement, Motiff shall be entitled to obtain from you, and you agree to pay, all reasonable attorneys’ fees and such legal costs, in addition to any other remedies granted to Motiff by law. You agree that Motiff shall not be liable to you or any third party for any breach of the Agreement that results in Motiff’s termination of your access to the Software.

XII. Dispute Resolution

The Agreement and your relationship with Motiff shall be governed by the laws of Singapore, excluding rules of its conflict of laws. You and Motiff agree to submit to the jurisdiction of the courts where Motiff is located.

XIII. Miscellaneous

13.1 If any provision of the Agreement is determined to be invalid or unenforceable by a lawfully competent court, such provision shall be limited or excluded to the minimum extent necessary and replaced with a new provision that most closely reflects the intent of the Agreement so that the Agreement will remain in full force and effect.

13.2 The Agreement constitutes the entire agreement between you and Motiff with respect to your use of the Software and hereby supersedes and cancels any prior agreements or understandings, written or oral, between you and Motiff with respect to such use.

13.3 If any provision of the Agreement is invalid or unenforceable for any reason, the remaining provisions shall remain in effect and binding on the Parties.

XIV. Contact Information

If you have any questions, comments, or suggestions regarding the Agreement, please contact us via service@motiff.com.