PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use (“Terms”) govern your use of the MOVEcenter platform, including its software, tools, data analysis services, updates, patches, and related content (collectively, the “Platform”) provided by MOVEdot Inc. (“MOVEdot”).
These Terms set out the basis on which MOVEdot makes the Platform available to you (“User” or “You”) and how You may use it. The MOVEdot Privacy Policy forms an integral part of these Terms. By creating an account or using the Platform, You agree to be bound by both these Terms and the Privacy Policy.
The Platform is provided solely for use within Your organization and for activities related to the specific performance team and category contracted with MOVEdot. You agree not to share access to the Platform with any third parties, including sister teams or customer teams, without prior written consent from MOVEdot. Unauthorized use of the Platform beyond the scope described herein is strictly prohibited and may result in termination of access, as described in Section 6 below.
MOVEdot reserves the right to modify these Terms at any time as described in Section 7 below.
1.1 MOVEdot grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to access and use the Platform (in whole or in part) and its features for the time determined in the contract or until termination of these Terms. You must in no event use, nor allow others to use, the Platform or this License for commercial purposes without obtaining a license to do so from MOVEdot. Updates, upgrades, patches and modifications may be necessary to be able to continue to use the Product. This product is licensed to you, not sold.
1.1 MOVEdot grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to access and use the Platform (in whole or in part) and its features for the time determined in the contract or until termination of these Terms. You must in no event use, nor allow others to use, the Platform or this License for commercial purposes without obtaining a license to do so from MOVEdot. Updates, upgrades, patches and modifications may be necessary to be able to continue to use the Product. This product is licensed to you, not sold.
1.2 You shall not, directly or indirectly: (i) sell, rent out, lease, license, distribute, market, exploit the Platform or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Platform, (iii) create, use, share, or distribute any software, script, tool, or method intended to bypass licensing mechanisms, access restricted features, or modify the Product without authorization, including but not limited to 'cracks,' 'keygens,' or similar unauthorized programs, (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Platform, (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations. (vi) create, use, or distribute automation bots or tools intended for unauthorized sales, marketing, or other commercial activities involving the Platform.
OWNERSHIP AND INTELLECTUAL PROPERTY
2..1 All content, software, data analysis tools, visual elements, and intellectual property available on the MOVEcenter platform, including but not limited to AI agents, data models, and reports, are the exclusive property of MOVEdot. The Platform is protected by national and international laws, copyright treaties and conventions and other laws. Users may not copy, modify, distribute, or create derivative works without prior written consent from MOVEdot.
2.2 You acknowledge that this license grants usage rights only and confers no ownership rights.
3.1 To access the Platform, you’ll create a user account by providing accurate personal information, including a valid email address. You are responsible for safeguarding your password and maintaining the confidentiality of your account credentials.
3.2 You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. If you suspect unauthorized use of your account, you must notify MOVEdot immediately.
3.3 MOVEdot reserves the right to refuse service or access to the Platform and may delete accounts created using the name, likeness, email address, or other personally identifiable information of another individual without consent.
4.1 MOVEdot collects and processes personal data as described in its Privacy Policy. By using the Platform, you consent to data collection necessary for the operation of the service.
4.2 MOVEdot hereby informs you that, as part of its data processing activities, your performance data, collected from data acquisition systems for the purpose of analyzing driving performance and timing, may be transmitted to and processed by a third-party artificial intelligence platform. This transmission is solely for the purpose of generating analytical reports and insights regarding your performance metrics. By utilizing the Platform, you expressly consent to the disclosure and processing of your data by such AI service providers, subject to stringent contractual and technical safeguards that ensure compliance with applicable data protection laws and regulations. MOVEdot shall remain responsible for ensuring that any data shared with the AI platform is handled in accordance with the terms set forth in our Privacy Policy, and any further utilization of the generated analytical reports beyond the scope of performance analysis shall require your prior explicit consent.
WARRANTY DISCLAIMER, LIMITATION OF LIABILITY
5.1 You expressly acknowledge that the use of the Platform is at your own risk. To the fullest extent permissible under applicable law, the Platform is provided on an "as is" and "as available" basis. MOVEdot does not warrant that the Platform will be uninterrupted or error-free, that defects will be corrected, or that the Platform will be free of viruses or other harmful components. You assume all responsibility for selecting the Platform to achieve your intended results and for the use and results obtained from the Platform.
5.2 You further acknowledge that the Platform, including its AI agents and automation features, may generate output or recommendations that require verification by expert engineers. MOVEdot shall not be liable for any damages, injuries, or losses resulting from reliance on such outputs without proper validation.
5.3 To the fullest extent permitted under applicable law, MOVEdot, including its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising from (i) your access to, use of, or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; (iv) unauthorized access, use, or alteration of your transmissions or content; (v) reliance on outputs or recommendations provided by the Platform's AI agents or automation features without expert verification.
This applies whether such liability is based on warranty, contract, tort (including negligence), or any other legal theory, regardless of whether MOVEdot has been advised of the possibility of such damages, and even if any remedy set forth herein is found to have failed its essential purpose.
You agree to defend, indemnify, and hold harmless MOVEdot, its licensors, associated service providers, subcontractors from and against any and all claims, liabilities, losses, damages, costs, debts, and expenses (including but not limited to reasonable attorneys' fees) arising out of or resulting from: (i) Your use or misuse of the Product, including any use by a person using your account and password; (ii) A violation of any provision of this Agreement; or (iii) Any damage caused to MOVEdot, its licensors, associated service providers, subcontractors, other users of the Product, or any third party as a result of your breach of this Agreement.
MOVEdot reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with such defense. The provisions of this Section 5 shall remain in force after termination of these Terms of Use.
7.1 The license granted under these Terms becomes effective on the earlier of the date you purchase, access, or use the Product and will remain valid for a period of one (1) year from the date you receive the license, unless terminated earlier under this Section.
7.2 MOVEdot reserves the right to terminate these Terms and revoke your license if you breach any of its terms or conditions. MOVEdot may also terminate these Terms at its sole discretion by providing notice to you, discontinuing your access to the Product, or deciding to cease offering and/or supporting the Product.
7.3 Upon termination or expiration of these Terms, you will lose access to the Product, and all rights granted under this agreement will immediately cease.
UPDATES TO THESE TERMS OR THE PRODUCT
8.1 MOVEdot reserves the right, at its sole discretion, to revise, update, modify, add to, or remove terms of these Terms for security, legal, regulatory, or best practice reasons. Any changes to these Terms will become effective immediately upon being posted within the Product or on MOVEdot's official website. You are responsible for reviewing the most current version of these Terms periodically. Your continued use of the Product after any updates to these Terms will constitute your acceptance of the revised terms. If any modifications are unacceptable to you, you may terminate these Terms as outlined in Section 6.
8.2 MOVEdot may modify or update the Product at any time, including for technical improvements, security updates, or feature enhancements. These updates may occur automatically without prior notice. MOVEdot and its licensors, channel partners, and service providers are not obligated to provide maintenance or customer support unless expressly stated otherwise in a separate agreement. MOVEdot may also establish or amend usage policies and limitations necessary to ensure security, performance, and compliance with applicable laws.
9.1 Severance.
9.1.1 If any provision of these Terms is determined by a court or competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed modified or limited to the minimum extent necessary to make it valid, legal, and enforceable while reflecting MOVEdot's original intent as closely as possible. If such modification is not possible, the provision shall be deemed deleted.
9.1.2 The validity, legality, and enforceability of the remaining provisions of these Terms shall remain unaffected and continue in full force and effect.
9.2. No Waiver.
9.2.1 No failure or delay by MOVEdot (or its licensors) in exercising any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy. It shall not preclude or restrict the further exercise of that or any other right or remedy.
9.2.2 No single or partial exercise of any right or remedy under these Terms shall preclude or restrict the further exercise of that or any other right or remedy.
9.2.3 A waiver of any right or remedy will only be considered valid if it is expressly made in writing and signed by both MOVEdot and the User.
GOVERNING LAW AND DISPUTE RESOLUTION
To the fullest extent permitted by applicable law, these Terms and any disputes or claims arising out of or in connection with it, its subject matter, or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to principles of conflicts of laws.
To the fullest extent permitted by applicable law, these Terms and any disputes or claims arising out of or in connection with it, its subject matter, or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to principles of conflicts of laws.
For questions related to these Terms, you can contact MOVEdot at: admin@movedot.com
