Terms of Service
This document represents a legal document that serves as our Terms of Service. It governs the legal terms of motth, our (“Application”).
If you do not accept our Legal Terms, you should not access our Application. If you have already accessed our Application and do not accept our Legal Terms, you should immediately discontinue use of our Application.
The last update to our Terms of Service were posted on December 22, 2020.
The terms “us” or “we” or “our” refers to motth, the owner of the Application.
A “Child” is any person under the age of 18.
A “User” is an individual that has registered with our Application to use any features of our Service.
A “Posting” is any text communicated from one User to another.
A “Profile” is an online representation of a User, which contains specific information about that User created within the Profile section of our Application and may include a photo uploaded by a User through our Application.
A User Profile and Posting on our Application are collectively known as our “Content”. We may refer to Content provided by our Users “User Content” which includes Content offered through a User Profile as well as Postings. When we refer to our Application, our Service and Content are included by reference, though we may refer to these separately.
Through our Application, we offer a service (“Service”) allowing Users to interact socially. Our Service is oriented towards connecting caregivers who have loved ones struggling with addiction and depression. Your use of our Service is subject to our Legal Terms.
motth grants you a non-exclusive, non-transferable, revocable license to access and use our Application strictly for your personal use and solely in accordance with our Legal Terms. Your use of our Application is solely for your personal and non-commercial purposes, unless otherwise provided in our Legal Terms.
Our Relationship to You
motth offers our Service strictly as a venue and does NOT enter into any other relationship with you, other than that of an independent contractor. Our Legal Terms in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and motth or our affiliates.
YOU AGREE THAT THE SERVICE OFFERED BY OUR APPLICATION IS NOT A MENTAL HEALTH SERVICE. IT IS A VENUE FOR OUR MEMBERS TO MEET AND INTERACT WITH OTHER MEMBERS WHO ARE IN A SIMILAR SITUATION. THE content is not intended to be a substitute for professional advice, diagnosis, or treatment. Always seek the advice of your mental health professional or other qualified health provider with any questions you may have regarding your SITUATION. MOTTH does not recommend or endorse any clinicians, counselors, psychiatrists, social workers, physicians, TREATMENT FACILITIES, products, procedures, opinions, or other information that may be mentioned on the APPLICATION. If you are SOMEONE YOU CARE FOR IS in crisis or you think you may have an emergency, call your doctor or 911 immediately.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT MOTTH DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. MOTTH ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. MOTTH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR BEHAVIOR WITH ANY CURRENT OR FUTURE MEMBERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Eligibility and Registration for Usership
to use functionality offered through our Application, you must register and become a User. Your membership is not transferable or assignable and is void where prohibited. By registering with our Application, you certify that you are at least age 18 years of age or older (i.e. not a Child). If you are under the age of 18, you may NOT become a User of our Application.
Any registration by any User in contravention of the above limitations is unauthorized, unlicensed and in violation of our Legal Terms. You agree to and to abide by all of the terms and conditions of our Legal Terms. motth has sole right and discretion to determine whether to accept a User, and may reject a User’s registration, with or without explanation.
When you complete the registration process, you will create a password that will allow you to access our Application. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security regarding your account or information. You agree that motth shall not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Any Posting you make through our Application is considered User Content. For any Posting you make, you warrant to motth that you have legal right, whether by ownership, license, or otherwise, to transmit, display, and use the underlying associated text or image. You are solely responsible for insuring that you do not infringe the rights of any third parties in such Posting and for any legal damages caused by your transmission, use, or display of your Posting.
You agree that your User Content should not contain material that is considered offensive, indecent, or objectionable. However, you understand that we have little control over the User Content provided by our Users and do not in any way guarantee the decency, legality, quality, accuracy or integrity of such User Content. If your User Content is reported to motth as being illegal, in violation of third party rights, offensive or inappropriate, motth has full authority to either restrict your ability to use our Application OR to immediately terminate your account without further notification to you.
motth is not responsible for the monitoring or filtering of any User Content. Without limiting the foregoing, you understand and agree that motth may review and delete any User Content, including but not limited to messages, profile photos, in each case in whole or in part, that in the sole judgment of motth violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.
You acknowledge that motth is NOT liable for loss or damage to User Content nor do we warrant that we may have a backup of your User Content.
motth does not make any ownership claims to your User Content. However, by uploading User Content, you grant motth a perpetual, worldwide, royalty-free, irrevocable license to use, display, and redistribute your User Content in any form we see fit.
Digital Millennium Copyright Act Compliance
motth follows the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on our Application;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; AND
A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
motth will only respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
You agree not to use our Application to do any of the following:
1. make any Posting that: (a) violates any local, state, federal, or international laws, (b) infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party, (c) harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable, (d) links directly or indirectly to any materials to which you do not have a right to link, (e) contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers, (f) contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or hardware or telecommunications equipment, or to extract information from our Application, (g) contains any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, (h) you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements), and/or (i) in the sole judgment of motth, is objectionable or which restricts or inhibits any other person from using or enjoying our Application, or which may expose motth, our affiliates, or our Users to any harm or liability of any type.
2. use our Content to: (a) develop a competing Application or help anyone else to do the same, (b) create compilations or derivative works as defined under copyright laws, (c) re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism, (d) decompile, disassemble or reverse engineer our Application and any related Application, and/or (e) use our Application in any manner that violates our Legal Terms or any local, state, federal, or international laws.
3. use your account to: (a) allow another person to login as you and/or (b) violate any local, state, federal, or international laws.
Our Application may contain Application marks or trademarks in the form of words, graphics, and logos. Your use of our Application does not constitute any right or license for you to use such trademarks, without the prior written permission of the corresponding trademark owner. The copying, redistribution, use or publication by you of any portion of our Application is strictly prohibited. Your use of our Application does not grant you ownership rights of any kind.
Linking to Our Application
You may provide links to our Application, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Application, (b) your Application does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Application immediately upon request by us.
Links to Other Applications
Our Application may contain links to third party Applications. These links are provided solely as a convenience to you. By linking to these Applications, we do not create or have an affiliation with, or sponsor such third party Applications. The inclusion of links within our Application does not constitute any endorsement, guarantee, warranty, or recommendation of such third party Applications. motth has no control over the legal documents and privacy practices of third party Applications; as such, you access any such third party Applications at your own risk.
motth reserves the right to change any and all Content, features of our Application, and features of our Service, at any time without notice. While our Application is currently free to use, we may begin charging for use of all or part of its features at any time, without notice to you. Our Application may be temporarily unavailable from time to time for maintenance or other reasons.
motth assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. motth is not responsible for any technical malfunction or other problems of any telephone network or website, computer systems, servers or providers, computer or mobile phone equipment, website, failure of email or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Application, related to or resulting from using, uploading, or downloading materials in connection with our Application. Under no circumstances will motth be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Application, or for any interactions between Users of our Application, whether online or offline.
OUR SERVICE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
MOTTH HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SERVICE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. MOTTH CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SERVICE. MOTTH DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR SERVICE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR SERVICE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MOTTH. OUR SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.
Limitation of Liability
Motth shall not be liable for any loss, injury, death, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Application; (b) the unavailability or interruption of our Application; (c) your or other Users’ use of our Application; or (d) any delay or failure in performance of our Application.
MOTTH IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. MOTTH HAS NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR SERVICE, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.
IN NO EVENT WILL MOTTH OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR SERVICE, EVEN IF MOTTH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOTTH’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF OUR SERVICE.
Use of Information and User Content
You agree to indemnify, defend and hold harmless motth and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and Application providers, and affiliates, from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of our Legal Terms or your use of our Application.
Termination of Your Account
You acknowledge that if you violate the terms of our Legal Terms, motth reserves the right to terminate your account without notice. You may also voluntarily terminate your account. You understand that if your account is terminated, you will lose access to our Application and any User Content you have provided. You understand that we are not required to provide you with copies of such User Content nor continue to maintain copies of such User Content on our Application.
Any legal controversy or legal claim arising out of or relating to our Legal Terms and/or our Application, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Application operations or intellectual property infringement, shall be settled solely by binding arbitration in accordance with Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction as necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs, but the prevailing party may seek return of their fees and costs, including reasonable attorney fees.
Our Legal Terms shall be treated as though it were executed and performed in the State of Texas in the United States, and shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Application, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Application conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of motth under our Legal Terms shall survive the termination of your Account.