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Motiw8 – Terms & Conditions

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Version: 1.0.0 | Effective Date: 2025-01-01 | Jurisdiction: Lithuania (EU GDPR) | Contact: legal@motiw8.com

1. Overview

Welcome to Motiw8, a platform where adults participate in skill-based fitness challenges using verified steps, weight measurements, and healthy-habit competitions. These Terms and Conditions ("Terms") explain how you use the app, enter challenges, submit evidence, receive payouts, and interact with other users.

By creating an account or using Motiw8, you agree to these Terms. If you do not agree, you must not use the app.

2. Who We Are

Controller / Operator:

Motiw8 UAB (placeholder)
Registered in Lithuania
Email: legal@motiw8.com

We operate globally. For users in the European Union and the rest of the world (except the United States), these Terms are governed by Lithuanian law, with disputes resolved in Vilnius, Lithuania. For users in the United States, certain disputes are resolved through binding arbitration under the American Arbitration Association (AAA) as described in Section 21.

Motiw8 is not a gambling service and does not offer games of chance. All challenge outcomes are based entirely on your verified fitness performance.

3. Eligibility & Age Requirements

To use Motiw8 you must:

You may not use Motiw8 if:

4. Your Account

You must provide accurate information, which may include:

You agree to:

We may suspend or close accounts involved in repeat violations, suspected fraud, cheating, chargeback abuse, or harmful behavior towards other users or the platform.

5. Health & Safety Disclaimer

Motiw8 is a fitness accountability tool, not a medical program or a substitute for professional healthcare.

By participating in challenges, you confirm that:

We do not provide medical advice, diagnosis, or treatment. You must not use Motiw8 if weight loss or intense exercise could harm your health based on medical advice or known conditions.

6. How Motiw8 Challenges Work

Motiw8 offers different types of challenges, including:

Typical challenge phases:

  1. Join a challenge;
  2. Pay a stake (if required);
  3. Submit a baseline (weight or steps) before the challenge starts;
  4. Complete optional weekly check-ins;
  5. Submit final proof at the end of the challenge;
  6. Undergo verification and review;
  7. Receive a ranking and payouts (if applicable).

General timelines (exact values may vary per challenge):

6.1 Verification & Evidence Requirements

For premium challenges that require body fat percentage verification, the following requirements apply:

7. Stakes, Fees & Payouts

7.1 Stakes

Some challenges require you to pay a stake to participate. This is a participation fee in a skill-based competition, not a wager in a game of chance.

7.2 Platform Fees

Platform fees may apply as follows:

Actual fees are shown clearly in the app before you confirm payment and may change over time with appropriate notice.

7.3 Payouts

After a challenge ends and all evidence is verified, a prize pool is distributed to winners based on:

Payouts are handled via Stripe Connect. Funds typically move from Motiw8's Stripe platform account to your Stripe Express account and then to your bank account using Stripe's payout tools.

7.4 Taxes

You are responsible for reporting income and paying any applicable taxes in your country. Payouts may be considered taxable income.

In the United States, you may be subject to forms such as 1099-K or other reporting requirements if your payouts exceed certain thresholds. Stripe or other payment processors may perform some reporting automatically.

In the European Union, VAT on subscriptions is typically handled by the App Store or Google Play. Winnings and prize income remain your own responsibility to declare.

8. Refund Policy

8.1 Stakes

You may request a refund of your stake within 24 hours after paying the stake, provided the challenge has not yet started.

After this window:

If a challenge is cancelled or fails to start (for example, not enough participants), participants will receive automatic refunds for their stakes.

8.2 Subscriptions

Subscription purchases and refunds are managed by the Apple App Store and Google Play Store via RevenueCat. Their rules apply. We cannot override or change store-level refund decisions.

9. Subscriptions

Subscription features may include:

All subscription payments are handled through the Apple App Store and Google Play Store, using their in-app purchase systems.

Subscriptions renew automatically until canceled. You can cancel through your Apple or Google account settings. Deleting the app does not cancel your subscription.

10. Evidence You Must Submit

To participate in and complete challenges, you may be required to submit different types of evidence, such as:

Video and more advanced checks are usually required when stakes are at or above certain thresholds (for example, ≥ €50 / $50) or when suspicious activity is detected.

All evidence must be:

We may reject evidence that is blurry, manipulated, missing timestamps, clearly reused, or appears to belong to another person.

11. How Verification Works

Motiw8 uses a combination of automated and manual tools to verify your evidence, including but not limited to:

AWS may store mathematical face vectors for comparison, but original images are stored in Motiw8's storage (Supabase) and not permanently in AWS Rekognition.

Typical retention periods include:

High-stakes challenges (for example, stakes ≥ €50 / $50) require biometric consent before using liveness and face comparison features.

12. Anti-Cheat & Fair Play Rules

You agree not to:

Automatic flags for review may include:

We may, at our discretion:

13. Verification Failure Consequences

If verification fails or if you refuse to provide required verification data or consent:

This applies to all types of verification, including photo/video evidence, lab document verification, and any other verification methods required by the challenge.

14. Disputes, Appeals & Re-Checks

If your submission is rejected or your result is disputed, you may request a manual review where available in the app.

In such cases, you may be asked to:

Final decisions regarding verification and results are made by Motiw8's internal review team, taking into account fairness, evidence, and overall platform integrity.

15. Payouts & Withdrawals

When a challenge ends, the following steps generally occur:

  1. Verification: Final submissions undergo AI verification, metadata checks, and manual review where needed.
  2. Ranking: Scores and rankings are calculated based on challenge rules and verified results.
  3. Prize Distribution: Prize pools are allocated to winners based on final rankings.

Payout conditions:

KYC / AML triggers may include:

If a payout fails or is reversed (for example, incorrect bank info), you will be notified and may need to correct your payout details. Motiw8 is not responsible for failed payouts caused by incorrect user information or bank errors.

16. User Conduct

You agree not to:

Violations may result in:

17. Intellectual Property

All intellectual property rights in the Motiw8 platform belong to Motiw8 UAB or its licensors, including:

You may not:

You retain ownership of your own photos, videos, and content, but grant Motiw8 a limited license to use them solely for operating the service, including verification, fraud detection, and moderation.

18. Health, Fitness & Weight-Loss Risks

By using Motiw8, you acknowledge that:

Motiw8 is not liable for injuries, health complications, or adverse outcomes arising from your use of the app or from your fitness and nutrition decisions.

19. No Gambling Disclaimer

Motiw8 challenges are skill-based fitness competitions, not games of chance.

Outcomes depend on:

There is no element of chance determining who wins.

As a result:

20. Termination & Suspension

We may suspend, restrict, or permanently close your account if we believe you have:

You may delete your account at any time within the app. Certain data, especially financial and audit records, may be retained for up to 7 years for legal and compliance reasons, even after account deletion, as described in our Privacy Policy.

21. Tax Responsibilities

Earnings through Motiw8 challenges may be considered taxable income under the laws of your country.

You are responsible for:

In some regions, payment processors or platforms may report income to tax authorities once certain thresholds are exceeded (for example, $600/year in the U.S. for 1099-K reporting). Such reporting does not replace your own duty to comply with tax laws.

Motiw8 does not provide tax or legal advice.

22. Dispute Resolution & Arbitration

22.1 Non-U.S. Users

For users outside the United States, these Terms and any disputes arising from or related to them are governed by the laws of Lithuania, without regard to conflict-of-law principles.

Any disputes will be resolved exclusively by arbitration in Vilnius, Lithuania, under the rules of the Vilnius Court of Commercial Arbitration or similar recognized arbitration institution. Proceedings are individual only; class actions or collective proceedings are not permitted.

22.2 U.S. Users

For users located in the United States, you agree that most disputes will be resolved through binding arbitration by the American Arbitration Association (AAA), rather than in court.

Key points:

22.3 Exceptions

The arbitration requirements do not apply to:

23. Limitation of Liability

To the maximum extent permitted by law, Motiw8 and its affiliates are not liable for:

Where liability cannot be fully excluded, our total aggregate liability to you for all claims under these Terms is limited to the greater of:

24. Indemnification

You agree to indemnify and hold harmless Motiw8 UAB, its directors, employees, and partners from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of:

25. Changes to These Terms

We may update these Terms from time to time to reflect changes to our services, legal requirements, or business practices.

When we make changes, we will:

Your continued use of Motiw8 after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the new Terms, you should stop using the app and may delete your account.

26. Contact

For legal questions, complaints, or requests related to these Terms, you can contact us at:

Motiw8 UAB (placeholder)
Lithuania
Email: legal@motiw8.com

For data protection and privacy matters, please refer to our Privacy Policy and the contact details provided there.


End of Motiw8 Terms & Conditions – Version 1.0.0