Motil Terms of Service
Effective Date: September 27, 2019
These Terms of Service constitute a legally binding agreement between you and P2 LLC d/b/a Motil (“Company” or “Motil”) governing your use of the Motil Platform (as defined below), Company’s website (https://www.motil.com or the “Site”) and mobile applications (the “Apps”). The Motil Platform and related Services provided by Company, the Site, and Apps, including without limitation communications and information (whether in writing, orally, or otherwise howsoever) provided by Motil to you (“You” or “User”) in relation to the Services, together are hereinafter collectively referred to as the “Motil Platform.” The term “User” may also refer to any other “User” of the Motil Platform. ​

Any personal data you submit to the Motil Platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”). A copy of our Privacy Policy is available here. You acknowledge that by using the Motil Platform you have reviewed the Privacy Policy. Your use of the Motil Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, the Privacy Policy, the Motil Promise (the “Motil Promise”), and any future amendments and additions to this Agreement (as defined below) as we may publish from time to time. The Privacy Policy and the Motil Promise are incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement” or “Terms of Service.” ​​

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND MOTIL CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 19 OR 20, AS APPLICABLE). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION. ​

IN ADDITION, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 19 OR 20, AS APPLICABLE) AND YOU ACCEPT ALL OF ITS TERMS. ​

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE MOTIL PLATFORM.
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By installing Motil, clicking to accept or agree to these Terms of Service, or by otherwise accessing and using any aspect of the Motil Platform, you represent and warrant that: (a) you are at least 18 years old, are of legal age to form a binding contract with Motil in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; (b) you have the right, authority and capacity to enter into this Agreement; and (c) if you are using the Motil Platform on behalf of a company, entity, or other organization, then you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms of Use, and agree to be bound by these Terms of Use on behalf of that entity. If you do not meet all of these requirements or agree to be bound by the terms and conditions of these Terms of Use you must not use or access the Motil Platform or the Services. ​

MATERIAL TERMS AND NOTICES
As provided in greater detail in these Terms of Service (and without limiting the express language of these Terms of Service), you acknowledge the following highlights of these Terms of Service include:

  • The Motil Platform connects you to other Users. You are neither an employee nor subcontractor of Motil.
  • Your agreement that the Motil Platform is provided “as is” and without warranty (Section 17).
  • Your agreement that Company has no liability regarding the Motil Platform or the performance of jobs or Services (as defined below, including at Sections 2 and 17).
  • Your agreement that Company has no liability regarding the Motil Platform or the performance of jobs or Services (as defined below, including at Sections 2 and 17).
  • Your acknowledgment and agreement that Customers, and not Motil, scope, supervise, direct, control, and monitor a Provider’s work and the jobs or Services (including at Sections 2, 12, and 23).
  • Your acknowledgement and agreement that Users are solely responsible for determining if the Users they hire are qualified to perform the job or Service at hand.
  • Your acknowledgement and agreement that Users are independent contractors of other Users and not employees, independent contractors or Service providers of Motil (including at Sections 2, 4 and 12)
  • Your consent to release Company from liability based on claims between Users (including at Section 3) and generally (including at Sections 12 and 17).
  • Your agreement to indemnify Motil from claims due to your use or inability to use the Motil Platform or content submitted from your account to the Motil Platform (including at Section 18).
  • Your consent to submit any claims against Company to binding arbitration, and on an individual basis only, to the extent permissible by law (including at Section 19).
  • The use of the Motil Platform may be subject to separate third-party terms of Service and fees, including, without limitation, such terms of Service and fees imposed by your mobile network operator (the “Carrier”), including fees charged for data usage and overage, which are your sole responsibility;
  • You consent to the collection, use, and disclosure of your personally identifiable information in accordance with the Privacy Policy;
  • Access to certain features of the Motil Platform may require access to information about the location of your device, such as GPS coordinates;
  • We may, without further notice or warning and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users (as defined in Section 2) that occur through the Motil Platform for our business purposes, including to provide and improve customer Service and the Motil Platform, fraud prevention, and to identify violations of this Agreement;
  • You agree not to circumvent the Motil Platform by soliciting, scheduling and/or paying for Services and/or Additional Services outside the Platform;
  • You agree to and acknowledge the “Notice Regarding Apple” in Section 38 below.
1. Changes to the Terms of Service
Motil may revise and update these Terms of Service from time to time in our sole discretion. Please check these Terms of Service periodically for changes. If a change to these Terms of Service materially modifies your rights or obligations, you will be required to accept the modified Terms of Service to continue to use the Moil Platform. Material modifications are effective upon your acceptance of the modified Terms of Service. Immaterial modifications are effective upon publication. Disputes arising under the Terms of Service will be resolved in accordance with the version of the Terms of Service that was in effect at the time the dispute arose.
2. The Motil Platform Connects Users and is Strictly for Communications
For purposes of this Agreement, the Services provided by Providers (“Providers”) to their Customers (“Customers”) that are scheduled through the Motil Platform shall be referred to as the “Jobs” or "Services.” Jobs or Services specifically do not comprise “Excluded Services” (particular jobs deemed ineligible for scheduling or performing through the Motil Platform due to applicable requirements). Unless otherwise disclosed, Providers are deemed to be unlicensed. Please note that in certain markets Providers may be required to have a license to perform certain Services that will exceed a monetary threshold. For example, regulations applicable in certain markets require a license for work that will total more than $500.00. Accordingly, Customers must determine for themselves whether a Provider is qualified to perform the requested Service. Customers should consult their state or local requirements to determine whether certain Services are required to be performed by a licensed professional.

ANY DECISION BY USERS TO OFFER OR ACCEPT SERVICES THROUGH THE MOTIL PLATFORM IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. EACH SERVICE PROVIDED BY A PROVIDER TO A CUSTOMER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN THAT PROVIDER AND CUSTOMER. PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR SUBCONTRACTORS OF MOTIL. MOTIL MAKES NO REPRESENTATION AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OF USERS, NOR DOES IT HAVE CONTROL OVER OR MAKE REPRESENTATIONS REGARDING THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER RELATING TO ANY SERVICES. MOTIL DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING OR LEGALITY OF SERVICES DELIVERED BY PROVIDERS. MOTIL HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO CUSTOMERS BY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANT OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE. EXCEPT AS OTHERWISE SET FORTH HEREIN, MOTIL IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY PROVIDER.
3. User Vetting and User Representations and Warranties
User Vetting
​ In Motil’s sole discretion, Users may be subject to an extensive vetting process before they can register for and during their use of the Motil Platform, including but not limited to a verification of identity, using third party Services as appropriate (“Identity Checks”). Although Motil may perform Identity Checks, Motil is not required to do so and cannot confirm that each User is who they claim to be. Motil cannot and does not assume any responsibility for the accuracy or reliability of Identity Check information or any information provided through the Motil Platform.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Motil will not be liable for any false or misleading statements made by Users of the Motil Platform. NEITHER MOTIL NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “MOTIL AND AFFILIATES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MOTIL PLATFORM AND YOU HEREBY RELEASE MOTIL AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MOTIL PLATFORM.
User Representations and Warranties
​ You represent and warrant that: (1) you are 18 years of age or older (for U.S. based users) or are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

You further represent and warrant that you have read, understand, and agree to be bound by these Terms of Service, the Motil Promise, and the Privacy Policy in order to access and use the Motil Platform. You hereby warrant and represent that you will respect the privacy (including without limitation private, family and home life), property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any Service or any interaction by or with any User and/or Motil in connection with the Motil Platform without the prior written consent of Motil and/or the relevant User, as applicable. You further represent and warrant that you will fulfill the commitments you make to other Users, including paying/receiving payment through the Motil Platform using the PSP (as defined below), performing the Service(s) agreed upon as between the Providers and Customers, communicating clearly and promptly through the chat thread and/or responding to invitations promptly, being present and/or available at the time you agree upon with your Provider or User as the case may be, and only utilizing the third party payment processing system specified or approved by us to make or receive payment for Services provided through the Motil Platform (the “PSP”). You also represent and warrant that you will act professionally and responsibly in your interactions with other Users. You warrant that you will not purchase or deliver controlled substances on the Motil platform. You further represent and warrant that when using or accessing the Motil Platform, you will act in accordance with any applicable local, state, provincial, national, or international law or custom and in good faith.

You hereby warrant and represent that, other than as fully and promptly disclosed to Company as set forth below, you do not have any motivation, status, or interest which Motil may reasonably wish to know about in connection with the Motil Platform, including without limitation, if you are using or will or intend to use the Motil Platform for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to Company in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Motil Platform.

Providers additionally represent and warrant that you will provide timely, high-quality Services to your Customers, you will only offer and provide Services for which you have the necessary skills and expertise, and you will provide the Services safely and in accordance with all applicable laws, and that you have the legal right to work in the country in which you are performing Services. ​
Excluded Services
Excluded Services deemed ineligible for scheduling or performing through the Motil Platform include, but are not limited to, Services that make a User unsafe, Services involving the handling of weapons, explosives, or hazardous materials, and/or any Service that is illegal or criminal in nature in the state or locality in which it is posted or takes place.
4. Contract between Providers and Customers
You acknowledge and agree that a legally binding contract (the “Service Agreement”) is formed when you agree on the terms of a Service or job with another User. The terms of the Service Agreement include the terms set forth in this Section 4, the engagement terms proposed and accepted on the Motil Platform, and any other contractual terms accepted by both the Provider and their Customer to the extent such terms do not conflict with the terms in this Agreement, including this Section 4, and do not expand Motil’s obligations or restrict Motil’s rights under this Agreement. You agree that Motil is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other Service relationship between Motil and the Provider (or Assistants (as defined below)), nor will it create an employment relationship between the Customer and the Provider (or Assistants (as defined below)). Motil’s role is restricted solely to acting as a limited payment collector for the Provider to facilitate payment on behalf of the Provider through the Motil Platform using the PSP in respect of Services or Jobs they perform. In acting as the limited payment collector for particular Services or Jobs on the Motil Platform, Motil disclaims any other agency or authority to act on behalf of the Provider, and assumes no liability or responsibility for any acts or omissions of the Provider, either within or outside of the Motil Platform.

Where approved in advance by the Customer, the Provider is not obligated to personally perform the job or Service. Before any Jobs or Services are performed by any assistants, helpers, subcontractors or other personnel engaged by the Provider (collectively “Assistants”), the Provider shall require any such individuals to become fully registered, oriented and verified Providers on the Motil Platform. A Provider’s failure to comply with this provision by bringing an Assistant who is not a registered Provider could lead to removal from the Motil Platform. The Provider assumes full and sole responsibility for the acts and omissions of such Assistants, including without limitation the payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable income tax withholdings as to the Provider and all persons engaged by the Provider in the performance of the Jobs or Services.

While using the Motil Platform, Customers, in their sole discretion, determine whether they will be present or not when a Job or Service is performed and/or completed. Customers who elect not to be present when a Job or Service is performed and/or completed agree that if someone other than them (i.e. spouse, roommate, friend, etc.) is present when the Job or Service is performed, they are appointing that person as their agent (“Customer’s Agent”) and the Provider may take and follow direction from the Customer’s Agent as if such direction was given from the Customer him or herself.

The Customer shall pay their Provider directly for completed Job or Service Services through the PSP as indicated on the Motil Platform at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Job or Service. Both Users agree to notify Company of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Company representatives for at least thirty (30) days before initiating any proceeding. Motil reserves the right to suspend or terminate any account, Job or Service pending the resolution of any dispute.
5. Billing, Payment, and Cancellations
Users of the Motil Platform contract for Jobs or Services directly with other Users. Motil will not be a party to any contracts for Job or Services or Services. Payment for Jobs or Services through the Motil Platform is made directly from the Customer to the Provider via the PSP, and not by Company. Company is not obligated to pay Provider for Customer’s failure to pay for Services.

Users of the Motil Platform will be required to provide their payment method details to Company and the PSP. Providers are responsible for invoicing their Customers within 24 hours of the work being performed, even if the Job or Service is not completed in its entirety or is designated as “ongoing”. Customers will be responsible for paying the invoice for each Job or Service (the “Invoice”), which will include (i) the pricing terms of the Job or Service agreed with and provided by a Provider (“Job or Service Payment”), (ii) any out of pocket expenses agreed with and submitted by a Provider in connection with the Job or Service, (iii) any tip or gratuity, if applicable, (iv) the Service charge Company assesses to the Customer as payable for the use of the Motil Platform, variable based on the Job or Service Payment amount, and (v) the platform fee (sometimes referred to as Safety & Support Fee) Company assesses to the Customer, which is used to offset Company’s cost of providing Users with customer support, providing the Motil Promise set forth in Section 13, and other various business objectives, and (vi) cancellation fees, if applicable. Providers will be responsible for paying (i) registration fees, if applicable and (ii) cancellation fees, if applicable and (iii) repayment of erroneous payments. Reasonable cancellation fees not to exceed $50 may be imposed upon Customers who cancel less than 24-hours before an appointment. Cancellation by a Provider with less than 24-hours notice is a violation of these Terms of Service. PLEASE BE ADVISED THAT CANCELLATION BY A PROVIDER WITH LESS THAN 24-HOURS NOTICE MAY RESULT IN A SUSPENSION OR DEACTIVIATION OF A PROVIDER ACCOUNT. Customers may also be charged credit card processing fees equal to three percent (3%) of the aggregate expense amount if expenses related to a Job or Service individually, or Jobs or Services in the aggregate over a 30-day period, exceed $300.00.

Providers may be required to register with the PSP, agree to terms of Service of the PSP, and go through a vetting process at the request of the PSP to set up their account with the PSP (the “PSP Services Agreement”). By accepting these Terms of Service, each Provider agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Motil is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Motil has no obligations, responsibility or liability to any Provider or other party under the PSP Services Agreement.

To help prevent fraud and safeguard User information from the risk of unauthorized access, Company and/or the PSP may validate an account before activation. As part of the account validation, a temporary charge is placed on the account associated with the User and then refunded within 1-3 business days. Due to the difference in PSP and credit card issuer requirements, this temporary charge may vary between $0.01 to $5,000.00, depending on the estimated value of the Job or Service and expenses.

When Customer receives confirmation through the Motil Platform or via email that a Job or Service has been completed, Customer automatically authorizes the PSP to process the Invoice. Users may be charged a one-hour cancellation fee through the PSP if you book (or accept) a Job or Service, but cancel it before the scheduled time for performance. Company reserves the right (but not the obligation), in its sole discretion, upon request from Customer or Provider, or upon notice of any potential fraud, unauthorized charges or other misuse of the Motil Platform, to (i) place on hold any Job or Service Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the PSP to do so.

Job or Service Payments and fees must be paid through the PSP as indicated on the Motil Platform. Users of the Motil Platform will be liable for any taxes required to be paid on the Jobs or Services provided under the Agreement.
6. Public Areas; Acceptable Use
The Motil Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, applications, Job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Motil Platform, you should not share your personal contact information with other Users.

Without limitation, while using the Motil Platform, you may not:
  • Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Motil staff, or use information learned from the Motil Platform or during the performance of Jobs or Services to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any other User or Company staff;
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the Motil Platform;
  • Use the Motil Platform for any unauthorized purpose, including, but not limited to posting or completing a Job or Service in violation of local, state, provincial, national, or international law;
  • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Company;
  • Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer;
  • Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;
  • Advertise or offer to sell any goods or Services for any commercial purpose through the Motil Platform which are not relevant to the Jobs or Service Services offered through the Motil Platform;
  • Post or complete a Job or Service requiring a User to (i) purchase or obtain gift cards or money orders (ii) purchase high value items (over $300) without obtaining pre-authorization from Company, (iii) provide ridesharing or other peer to peer transportation Services, (iv) post ratings or reviews on any third party website in breach of such third party website’s terms of use, or (v) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by Company in its sole discretion;
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters;
  • Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments;
  • Post the same Job or Service repeatedly (“Spamming”) – Spamming is strictly prohibited;
  • Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Motil Platform;
  • Restrict or inhibit any other User from using and enjoying the Public Areas;
  • Imply or state that any statements you make are endorsed by Motil, without the prior written consent of Motil;
  • Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Motil Platform, or the electronic addresses or personal information of others, in any manner;
  • Frame or utilize framing techniques to enclose the Motil Platform or any portion thereof;
  • Hack or interfere with the Motil Platform, its servers or any connected networks;
  • Adapt, alter, license, sublicense or translate the Motil Platform for your own personal or commercial use;
  • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Motil and Affiliates;
  • Upload content to the Motil Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
  • Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
  • Use the Motil Platform to solicit for any other business, website or Service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Motil Platform as set forth herein;
  • Use the Motil Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;
  • Use the Motil Platform or the Jobs or Services in violation of this Agreement;
  • Use the Motil Platform in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes;
  • Attempt to circumvent the payments system or Service fees in any way including, but not limited to, processing payments outside of the Motil Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
  • Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number; or
  • Cause any third party to engage in the restricted activities above.
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Motil will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
7. Mobile App Updates and Upgrades
By installing Motil (or the “App”), you consent to the installation of the App and any updates or upgrades that are released through the Motil Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Motil’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App at any time.
8. Termination and Suspension
Company may terminate or limit your right to use the Motil Platform in the event that we are investigating or believe that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.

If Company terminates or limits your right to use the Motil Platform pursuant to this Section 8, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. If Company terminates or limits your right to use the Motil Platform as a Customer due to a User Breach, you will not be entitled to any refund of unused balance in your account.

Even after your right to use the Motil Platform is terminated or limited, this Agreement will remain enforceable against you. Company reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 19 of these Terms of Service.

Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Motil Platform at its sole discretion. Company is not liable to you for any modification or discontinuance of all or any portion of the Motil Platform. Company has the right to restrict anyone from completing registration as a Provider if Company believes such person may threaten the safety and integrity of the Motil Platform, or if, in Company’s discretion, such restriction is necessary to address any other reasonable business concern.

You may terminate this Agreement at any time by ceasing all use of the Motil Platform. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
9. Account, Password, Security, and Mobile Phone Use
You must register with Motil and create an account to use the Motil Platform (an “Account”). You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Company for accessing the Motil Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. If you are accessing and using the Motil Platform on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein. Company has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to contact Company immediately.

By providing your mobile phone number and using the Motil Platform, you hereby affirmatively consent to Motil’s use of your mobile phone number for calls and recurring texts in order to (a) perform and improve upon the Motil Platform, (b) facilitate the carrying out of Job or Services through the Motil Platform, (c) provide you with information and reminders regarding your registration, orientation, upcoming Jobs or Services, product alterations, changes and updates, Service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming Jobs or Services and/or in follow up to any push notifications delivered through our mobile application. Company will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving texts messages from us by emailing support@motil.com and specifying you want to opt-out of texts. You may opt-out of receiving calls from us by stating that you no longer wish to receive calls during any call with us, or by emailing support@motil.com and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.
10. User Generated Content
“User Generated Content” is defined as any information and materials you provide to Company, its corporate partners, or other Users in connection with your registration for and use of the Motil Platform, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Motil is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Motil has no obligation to monitor, review, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the Motil Platform at its sole discretion.

You hereby represent and warrant to Company that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassi