Motority Terms of Service

These Terms of Service ("Terms") control how you can access and use our services. This includes the website MOTORITY.com, APIs, notifications, applications, ads, commerce services, and other services covered by these Terms (together referred to as the "Services"). It also covers any information, text, links, graphics, photos, audio, videos, or other materials uploaded, downloaded, or appearing on the Services (collectively known as "Content"). Your use of the Services indicates your acceptance of these terms.

1. Eligibility to Use the Services

To utilize the Services, you must agree to engage in a legally binding contract with MOTORITY and not be prohibited from receiving services by the laws of your jurisdiction. You must be at least 13 years old to access the Services. If you accept these Terms and use the Services on behalf of a company, organization, government, or any other legal entity, you affirm that you are authorized to do so and possess the authority to legally bind that entity to these Terms. In such cases, the terms "you" and "your" in these Terms pertain to the entity you represent.

2. Privacy

The MOTORITY Privacy Notice outlines our approach to managing the information you furnish us with when utilizing our Services. By using the Services, you acknowledge that you consent to the collection and utilization of this information, as outlined in the Privacy Notice and Privacy Policy. This includes the potential transfer of such information outside of the European Economic Area ("EEA"), as applicable based on your jurisdiction.

3. Content Responsibility

You are accountable for both your utilization of the Services and any Content you contribute, ensuring adherence to relevant laws, rules, and regulations. Only share Content for which you possess the right and feel at ease disseminating to others.

Any reliance on Content or materials accessed through or posted via the Services is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications on the Services, nor do we endorse opinions expressed. Your use of the Services may expose you to offensive, harmful, inaccurate, or inappropriate Content. Content responsibility lies solely with its originator. While we may not actively monitor or control posted Content, we reserve the right to remove Content violating these Terms of Service, including but not limited to copyright or trademark violations, misappropriation of intellectual property, impersonation, unlawful conduct, or harassment.

If you suspect that your Content has been reproduced in a manner that infringes on your copyright, please notify our legal department at legal@wheeltech.ge.

You maintain ownership of the rights to any Content you submit, post, or display on or through the Services. Your content, including incorporated audio, photos, and videos, is considered an integral part of the Content. By submitting, posting, or displaying Content on or through the Services, you grant MOTORITY a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content through any and all media or distribution methods now known or later developed. This license encompasses the right to curate, transform, and translate the Content. It authorizes us to make your Content accessible to the global audience and to allow others to make it available. You acknowledge that this license includes the right to share Content with other companies, organizations, or individuals for syndication, broadcast, distribution, promotion, or publication on other media and services, subject to our terms and conditions for such Content use. The utilization of the Services by you is considered adequate compensation for the Content and the granted rights herein, and no additional compensation is provided for the use of the Content submitted, posted, transmitted, or made available through the Services.

You affirm and guarantee that you possess, or have acquired, all the rights, licenses, consents, permissions, power, and/or authority required to confer the rights outlined herein for any Content you submit, post, or display on or through the Services. You also agree that such Content will not include material subject to copyright or other proprietary rights unless you have the necessary permission or are otherwise legally entitled to post the material and provide Twitter with the license described above.

4. Using the Services

When utilizing the Services, it is imperative that you adhere to these Terms and all relevant laws, rules, and regulations. We maintain the authority to modify the Services at our sole discretion, temporarily or permanently cease providing the Services or any features within the Services to you or users in general. We also retain the right to impose limitations on use and storage at our sole discretion, remove or decline to distribute any Content, restrict the distribution or visibility of any Content, suspend or terminate users, and reclaim usernames without incurring liability to you.

In consideration for MOTORITY providing you with access to and use of the Services, you consent to MOTORITY, its third-party providers, and partners placing advertisements on the Services or in connection with the display of Content or information from the Services, whether submitted by you or others. Furthermore, you agree not to misuse our Services, which includes actions such as interfering with them or accessing them using a method other than the interface and instructions that we provide.

While accessing or using the Services, you are prohibited from doing any of the following: (a.) accessing, searching, or attempting to access or search the Services through any means (automated or otherwise) other than through our currently available, published interfaces provided by MOTORITY, unless specifically allowed in a separate agreement with MOTORITY; (b.) accessing, tampering with, or using non-public areas of the Services, MOTORITY's computer systems, or the technical delivery systems of MOTORITY's providers; (c.) probing, scanning, or testing the vulnerability of any system or network, or breaching or circumventing any security or authentication measures; (d.) forging any TCP/IP packet header or any part of the header information in any email or posting, or using the Services to send altered, deceptive, or false source-identifying information; or (e.) interfering with or disrupting the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, or spamming the Services, or scripting the creation of Content in a manner that interferes with or creates an undue burden on the Services.

We also retain the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to (a.) protect the rights, property, or safety of MOTORITY, its users, and the public, (b.) satisfy any applicable law, regulation, or legal process, (c.) enforce the Terms, including the investigation of potential violations, or (d.) detect, prevent, or address fraud, security, or technical issues.

You may be required to create an account to use certain features of our Services. It is your responsibility to safeguard your account by using a strong password and restricting its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with password protection.

We may need to send you certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you have added your phone number to your account and you later change or deactivate that phone number, you must update your account information to prevent us from communicating with anyone who acquires your old number.

5. Your License to Use the Services

MOTORITY grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided as part of the Services. This license aims to enable you to use and benefit from the Services as provided by MOTORITY, following the terms outlined in this agreement. The Services are protected by copyright, trademark, and other laws in the United States and other countries. The Terms do not grant you the right to use the MOTORITY name or any MOTORITY trademarks, logos, domain names, distinctive brand features, or other proprietary rights. All rights, title, and interest in and to the Services (excluding user-provided Content) are and will remain the exclusive property of MOTORITY and its licensors. Any feedback, comments, or suggestions you voluntarily provide about MOTORITY or the Services may be used freely by us without any obligation to you.

6. Termination of Agreement

You have the option to terminate your legal agreement with MOTORITY at any time by reaching out to us at unsubscribe@wheeltech.geand ceasing your use of the Services. Refer to the instructions on deactivating your account and review the Terms of Service for details on the handling of your information.

We reserve the right to suspend or terminate your account or discontinue providing you with all or part of the Services at any time, for any reason or without any reason, including but not limited to the following: (a.) if we have reason to believe you've violated these Terms, (b.) if your actions pose a risk or potential legal exposure to us, (c.) if your account should be removed due to unlawful conduct, (d.) if your account should be removed due to prolonged inactivity, or (e.) if providing the Services to you is no longer commercially viable for us. We will make reasonable efforts to inform you, either through the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the termination of the Terms will include, among other things, the revocation of your license to use the Services, except that certain sections, specifically 2, 3, 5, 6, and 7, shall continue to be applicable.

7. Liability Limitations

By utilizing the Services, you acknowledge and agree that MOTORITY, along with its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors, has its liability restricted to the maximum extent allowed under the laws of your jurisdiction.

8. Other terms

We retain the right to periodically modify these Terms of Service at our sole discretion. The alterations will not apply retroactively, and the most recent version of the Terms will regulate our association with you. With the exception of changes addressing new features or enacted for legal reasons, we will provide advance notice before implementing changes to these Terms that affect the rights or obligations of any party involved.

If any provision of these Terms is deemed invalid or unenforceable, that provision will be restricted or removed to the minimum extent required, and the remaining provisions will continue to be fully effective. MOTORITY's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

These Terms are an agreement between you and Motority Inc, a Republic of Georgia limited liability company with its registered office at Apartment #22, 3 Spiridon Kedia Street, Tbilisi 0154, Georgia.

Effective: October 18, 2023