Terms of Service

1. Eligibility and Accounts

1.1 Age requirement

You must be at least 13 years old (or the minimum age of digital consent in your country) to use the App. If you are under the age of majority where you live, you represent that you have permission from a parent or legal guardian to use the App and that they accept these Terms on your behalf where required.

1.2 Account required

An account is required to use MotionXY. You agree to provide accurate information and keep it up to date.

1.3 Account security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us promptly if you suspect unauthorized access or use.

2. License Grant and Restrictions (EULA)

2.1 License

Subject to these Terms and your compliance with them, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App for your personal or internal business use (e.g., coaching) on devices you own or control.

2.2 Restrictions

You must not (and must not permit anyone else to):

• copy, modify, translate, adapt, or create derivative works of the App;
• rent, lease, sell, sublicense, distribute, or transfer the App to any third party;
• reverse-engineer, decompile, disassemble, attempt to discover source code, or otherwise attempt to derive the App’s underlying ideas or algorithms, except to the extent such restriction is prohibited by law;
• circumvent, disable, or interfere with security or abuse-prevention measures, or access the App using automated means not provided by us;
• use the App to build or benchmark a competing product where prohibited by applicable law.

3. User Responsibilities and Consents (Recording Others)

MotionXY is a sports video recording and analysis tool. When you record, upload, analyse, store, share, or otherwise process video/audio or other data relating to other people, you do so at your own risk and responsibility.

3.1 Mandatory consent and lawful basis

You represent and warrant that before recording or processing any individual (and, in the case of minors, their parent or legal guardian), you have obtained all necessary rights, permissions, notices, and lawful consents required by applicable law and any applicable organizational policies (including safeguarding policies).

This includes, without limitation, consent/authority to:

• record video and audio (including voices and likeness);
• upload/store that media and related data;
• invite individuals to a Space and share content with them; and
• analyse or generate outputs from that media within the App.

3.2 Safeguarding and minors

If you record or process media involving minors, you agree to comply with all safeguarding requirements, club/school/organization policies, and applicable laws. You must not use MotionXY in a way that endangers minors or violates child protection rules.

3.3 Your role for third-party content

Where you upload or share content that includes third parties, you are responsible for determining the purpose and lawful basis for that processing (for example, as a coach/club). We provide the platform and process the content only to operate and provide the Services.

3.4 Indemnification for consent failures

To the maximum extent permitted by law, you agree to indemnify and hold harmless Motion Exclusives Ltd (and its directors, employees, contractors, and agents) from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• your failure to obtain required consents/permissions/notices;
• unlawful recording, processing, or sharing of third-party content; or
• your breach of safeguarding obligations.

4. Acceptable Use and Spaces

MotionXY supports private collaboration via “Spaces.” You agree not to use the App, Spaces, or the Services to:

• upload, store, transmit, or share content that is illegal, threatening, abusive, harassing, defamatory, or otherwise harmful;
• upload, store, transmit, or share sexually explicit content, including any content involving minors;
• upload, store, transmit, or share child sexual abuse material (CSAM) or content that exploits or endangers children. We may immediately terminate accounts and, where appropriate, report suspected CSAM to relevant authorities;
• violate the intellectual property, privacy, publicity, or other rights of others;
• distribute spam, malware, or malicious code, or attempt to gain unauthorized access to systems or data;
• scrape, probe, or use automated means to access the Services except through our intended interfaces;
• interfere with or disrupt the Services, including security or abuse-prevention measures;
• use the Services for illegal surveillance or unlawful monitoring of individuals.

4.1 Enforcement and moderation

We reserve the right (but do not assume an obligation) to:

• review, restrict, remove, or disable access to content or Spaces;
• suspend or terminate accounts or Spaces; and/or
• cooperate with law enforcement

where we reasonably believe there is a violation of these Terms, our policies, or applicable law.

Additionally, we provide in-app mechanisms for users to flag and report objectionable content or abusive users.

5. User Content and Ownership

5.1 Your content

You retain ownership of the videos, annotations, analysis outputs, and other content you create or upload (“User Content”), subject to the rights you grant in these Terms.

5.2 License to us (to run the service)

You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display your User Content solely to operate, provide, secure, and improve the Services, including enabling features you use (such as cloud access across your devices and sharing within Spaces).

We will not sell your User Content or use it for marketing without your explicit permission.

5.3 Responsibility for User Content

You are solely responsible for your User Content and for any harm resulting from it. You represent and warrant that you have all rights necessary to upload and use your User Content in the Services.

6. Subscriptions, Billing, Cancellations, and Refunds

6.1 Subscription access

Certain features of MotionXY require a paid subscription.

6.2 Payment processing

Subscriptions are processed by platform payment providers (for example, Apple’s in-app purchase system). We do not collect or store your full payment card details. The platform may provide us with subscription status and related information needed to enable access.

6.3 Auto-renewal

Subscriptions may automatically renew unless cancelled at least 24 hours before the end of the current billing period (subject to the platform’s rules).

6.4 Managing subscriptions

You must manage or cancel your subscription through your platform account settings (for example, Apple ID settings).

6.5 Refunds and statutory rights

Refunds are administered by the platform under its policies. Nothing in these Terms limits any statutory consumer rights you may have under applicable law.

7. Subscription Lapse, Retention, Export, and Deletion

7.1 Feature restrictions after cancellation or lapse

If your subscription ends, we may restrict subscription-gated features. For example, you may be able to view existing content but may not be able to record/create new content or use certain premium functionality.

7.2 Retention window after cancellation

If you cancel, we may retain your cloud-stored content for up to 12 months after cancellation so you can view and export it (where the feature is available). If you do not resubscribe within that period, your cloud-stored content may be permanently deleted.

7.3 Export responsibility

You are responsible for exporting and backing up any User Content you wish to keep.

8. Account Deletion (In-App)

If you created an account in MotionXY, you can delete your account directly within the App’s settings. Account deletion is intended to permanently remove your account and associated data, subject to reasonable processing time and limited operational backups.

9. Service Availability and Changes

We may change, update, or discontinue the Services (or any part of them) at any time, including features, storage limits, and availability, for example to improve performance, address security concerns, or comply with law. Where a change is material, we will provide notice as required by applicable law or platform rules.

10. Third-Party Services and Links

The Services may interact with third-party platforms or services (for example, device operating system features, file providers, and payment providers). Your use of those third-party services is governed by their terms and policies. We are not responsible for third-party services.

11. Apple App Store Required Terms

If you downloaded the App from Apple’s App Store, the following apply:

• Acknowledgment: These Terms are between you and Motion Exclusives Ltd only, not Apple. We are solely responsible for the App and its content.
• Scope of license: Your license is limited to use on Apple-branded devices you own or control and as permitted by Apple’s usage rules.
• Maintenance and support: We are solely responsible for providing maintenance and support for the App. Apple has no obligation to furnish support services.
• Warranty: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund any purchase price paid for the App (if any). To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App.
• Product claims: We, not Apple, are responsible for addressing any claims by you or a third party relating to the App, including product liability, legal compliance, and consumer protection claims.
• Intellectual property claims: If a third party claims the App infringes their intellectual property rights, we, not Apple, are responsible for investigation, defense, settlement, and discharge of such claims.
• Third-party beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

12. Intellectual Property

All rights, title, and interest in and to the App and Services (excluding User Content), including design, code, features, trademarks, and other intellectual property, are and will remain the exclusive property of Motion Exclusives Ltd and its licensors.

13. Disclaimer of Warranties

To the maximum extent permitted by law, the App and Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13.1 Not professional advice

Any analysis, metrics, or outputs generated by the App are for informational and coaching purposes only and do not constitute medical, biomechanical, or professional health advice. You should consult qualified professionals regarding injuries or health concerns.

14. Limitation of Liability

To the maximum extent permitted by law, Motion Exclusives Ltd will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, goodwill, or data, arising out of or related to your use of (or inability to use) the App or Services, including:

• your User Content or the content/behavior of any third party;
• unauthorized access to or alteration of your transmissions or content;
• any interruption or cessation of transmission to or from the Services.

14.1 UK/EU consumer carve-outs

Nothing in these Terms excludes or limits liability that cannot be excluded by law, including liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation; or
• any other liability that cannot be limited under applicable law.

15. Termination

15.1 Termination by us

We may suspend or terminate your access to the Services (including your account and/or Spaces) immediately if you breach these Terms, if we reasonably believe your use poses a security, legal, or safety risk, or if required by law.

15.2 Termination by you

You may terminate these Terms at any time by deleting your account within the App settings and uninstalling the App.

15.3 Effect of termination

Upon termination, your license to use the App ends. Sections that by their nature should survive termination will survive, including (without limitation) intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales, without regard to conflict of law rules. Subject to applicable consumer protection laws, the courts of England and Wales will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services.

Nothing in this section limits any right you may have to bring a claim in your country of residence where such right cannot be excluded by law.

17. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting updated Terms within the App, on our website, and/or via email. Your continued use of the App after changes take effect constitutes acceptance of the updated Terms.