Muuvment IQ - Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE

The basics

1. What's in these Terms of Service (“terms”)?

These terms tell you the rules for using Muuvment IQ, which can be accessed through our websites www.muuvment.com, muuvment.ai and the app.muuvment.com sub-domain (collectively referred to as "our site").

2. Who we are and how to contact us:

Our site is operated by Muuvment IQ Canada Inc. (we or us). We are registered in Canada and have our registered office at LaBarge Weinstein LLP, 515 Legget Drive, Suite 800, Ottawa, Ontario K2K 3G4, Canada. To contact us, please email customer services at info@muuvment.com.

Use of the website

3. By using our site you accept these terms. 

You confirm that you accept these terms of service and that you agree to comply with them. If you do not agree to these terms, you must not use our site. By proceeding to use this site, you are confirming your agreement to these terms. We recommend that you save a copy of these terms for future reference.

4. There are other terms that may apply to you. 

These Terms of Service refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing, including processing by AI technologies, and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out information about the cookies on our site.

If you are also using one of our other products or services such as Muuvment Purpose, please refer to the terms of service of that product, which may apply to and which may be different than the terms herein. 

5. We may make changes to these terms.

We amend these terms from time to time. If we make significant changes to these terms, we will send you an email notification of the updated terms of service. 

6. We may make changes to our site.

We may update and change our site from time to time to reflect changes to our products, our users' needs, and our business priorities. Our site utilizes Artificial Intelligence (AI) technologies, which may be updated or modified without notice. We may suspend or withdraw our site.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Due to the nature of AI technologies, our site may occasionally produce unexpected results or errors. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

Your responsibilities

7. You must keep your account details safe.

If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

Your account is personal to you and may only be used by you. Sharing your account credentials or allowing others to access or use your account is strictly prohibited and constitutes a material breach of these terms. If we discover that you have shared your credentials or allowed others to use your account, we reserve the right to immediately disable your account without notice.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via email at info@muuvment.com.

8. License and Usage Rights

a. Ownership

We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. This includes any AI-generated content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

b. License Grant

Subject to your compliance with these terms and the terms of your subscription tier (Starter, Pro, or Enterprise), we grant you a non-exclusive, non-transferable, limited license to access, download, edit, modify, and use the content generated on our site for your internal business purposes. 


c. Permitted Uses

  • You may download, print, and make multiple copies of the outputs generated by Muuvment IQ for your personal or internal business use.
  • You may edit, review, validate, and modify the content as necessary for your use.

d. Restrictions Based on Subscription Tier

  • Starter and Monthly Pro Tiers:
    • You may not sell the outputs generated by Muuvment IQ to any third parties. 
    • Content is for personal or internal business use only.
  • Annual Pro and Enterprise Tiers:
    • You are permitted to share, distribute, and use the outputs generated by Muuvment IQ with third parties as part of your business activities.
    • You may sell, distribute, or otherwise commercialize content generated through our site. However, we assume no liability for any claims, damages, or losses arising from such use. By using our site and its content, you agree to indemnify, defend, and hold us harmless from any claims, actions, liabilities, costs, or expenses (including legal fees) that may arise in connection with your commercialization of the content.

e. Prohibited Uses

  • You must not reverse-engineer, decompile, or disassemble any part of our site or AI models.
  • You must not use any part of the outputs generated by Muuvment IQ for commercial purposes (such as selling or distributing the content to third parties) without obtaining the appropriate license to do so from us or upgrading to a subscription tier that permits such use.

f. Reasonable Usage and Abuse of Features

All users, including those with subscriptions providing "unlimited" access to specific features such as report generation, chat, or other tools, are subject to a reasonable usage policy. We reserve the right to monitor and evaluate your use of these features. If, in our sole discretion, we determine that your use of any feature, including but not limited to excessive report requests, chat messages, or any other system resources, is abusive or exceeds reasonable limits, we may take appropriate action.

This action may include:

  • Temporarily or permanently suspending access to specific features.
  • Terminating your account and providing a refund of any fees on a pro-rata basis for the unused portion of your subscription.
  • Imposing additional restrictions or requesting that usage be scaled back to ensure fair access for all users.

This policy ensures that all users can enjoy optimal performance of our services and that no individual use degrades the experience for others.


g. Intellectual Property Compliance

You represent and warrant that you will use the content generated on our site in compliance with all applicable intellectual property laws in Canada and any other relevant jurisdictions. You agree not to infringe upon the intellectual property rights of any third party in your use of our site and the content generated.

h. User Content

You grant us a non-exclusive, royalty-free license to use, process, and store any content you upload on the site solely for the purpose of delivering the Muuvment IQ services to you, unless otherwise explicitly agreed to in this agreement or in writing between the parties.

i. Feedback

If you provide any feedback or suggestions regarding our site, you grant us an unlimited, irrevocable, perpetual, free license to use such feedback for any purpose without any obligation to you.

j. Consequences of Breach

If you use, print off, copy, download, share, or modify any part of our site in breach of these Terms of Service or your subscription tier restrictions, your right to use our site will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.

Refund Policy 

9. Refunds and cancellations 

a. Subscription Terms

Muuvment IQ offers both monthly and annual subscription options.

Subscriptions are automatically renewed at the end of the chosen billing cycle unless canceled prior to renewal.

b. Cancellation During the Subscription Term

Clients may cancel their subscription at any time during their active subscription term.

Upon cancellation, clients will retain access to the product for the remainder of the subscription period.

No further renewal or billing will occur after the current subscription term expires.

c. Refunds for Canceled Subscriptions

Muuvment IQ does not provide prorated refunds or credits for partial use of the subscription term, whether the subscription is on a monthly or annual basis.

Once a subscription is initiated, the fee for the entire billing period is non-refundable.

d. Exceptions

Refunds will only be issued in the event of billing errors or if Muuvment IQ is unable to deliver the promised service, subject to review by our support team.

Please contact us at info@muuvment.com for assistance in case of disputes.

Content Standards

10. Prohibited Content

You must not upload or share any content that:

  • Is illegal, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive.
  • Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
  • Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party.
  • Violates any applicable law or regulation.

11. Moderation and Enforcement

We reserve the right, but are not obligated, to review, monitor, or remove prohibited content as defined at section 10 above at our sole discretion and without notice.

Our responsibilities

12. Data Usage for Service Improvement

We do not use your private data to train AI models for external purposes, nor do we sell your data to third parties. By using our site, you grant us permission to process your data for the purpose of operating the product, improving services, conducting quality assurance, and enhancing user experience.

In line with standard SaaS practices, we may use anonymized, aggregated data to improve our services and for benchmarking or research purposes. This data is processed in such a way that it cannot be traced back to any individual or company, ensuring that your privacy is protected at all times. We take all reasonable measures to securely handle your private company data and prevent unauthorized access.

13. AI Technology and Risk 

You acknowledge that our site utilizes Artificial Intelligence (AI) technologies, which may produce content that is inaccurate, incomplete, or unreliable. AI operates based on patterns in data and may occasionally produce unexpected results. You are using the site and its AI-generated content at your own risk. We are not responsible for any direct or indirect loss or damage incurred from your use of the site.

We exclude all implied conditions, warranties, representations, or other terms that may apply to our site or any content on it. We are not liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our site or reliance on AI-generated content.

Nothing in these terms excludes or limits our liability for death or personal injury resulting from our negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Canadian law.

14. Data Security

We take the security of your data seriously and employ measures designed to protect it from unauthorized access, loss, or disclosure. Our security practices include:

  • Encryption: We use secure protocols (e.g., SSL/TLS) for encrypting data transmitted between your systems and our servers. Data at rest within our database is encrypted, leveraging cloud provider features to enhance security.
  • Cloud Infrastructure Security: Our platform is hosted on Amazon Web Services (AWS), which provides comprehensive security features, including built-in monitoring and protection against common vulnerabilities. AWS’s infrastructure ensures the safety and integrity of your data.
  • Access Controls: We implement access control measures to restrict data access to authorized personnel only. Access is granted based on operational needs, ensuring that only those who require it can view your data.

While we continuously work to strengthen our security practices, no system can guarantee absolute security. By using our services, you acknowledge and accept the inherent risks associated with online data transmission and storage.

15. Marketing and Reference

You agree that we may reference your organization’s name as a corporate user of our services in our marketing materials, such as our website or presentations. No further details or terms related to your use of the service will be disclosed. This practice follows standard B2B SaaS industry practices, which allow companies to mention clients without revealing specific contractual details, ensuring confidentiality while promoting credibility. If you do not wish to be referenced, please notify us in writing at info@muuvment.com.

Uploading content to our site

16. Uploading content to our site:

When you upload content to our site, you are responsible for ensuring that it complies with the content standards outlined in these terms. By doing so, you warrant that the content is lawful and that you hold the necessary rights and permissions to upload it. You agree to indemnify us against any breach of this warranty, making you responsible for any loss or damage we incur due to non-compliance.

You must ensure that your content does not infringe on the intellectual property rights of any third party. If any claims arise regarding your uploaded content, we reserve the right to disclose your identity to the relevant parties.

We also reserve the right to remove content that, in our view, does not comply with the content standards outlined in these terms.

You are responsible for ensuring the security and backup of your content. We are not responsible for any viruses introduced into your system via uploaded content. You are responsible for configuring your own technology to safely access our site.

Misuse of our site, including the introduction of malicious software such as viruses, trojans, or worms, or attempts to gain unauthorized access to our systems, is strictly prohibited. Any such actions could constitute criminal offenses under Canadian law, and we will cooperate with law enforcement as required. In the event of such a breach, your right to use our site will terminate immediately.

Jurisdiction

17. Which country's laws apply to any disputes?

  1. You agree that to the extent permitted by law, any and all claims or disputes arising out of or relating to these terms and to your use of our site will be settled by final and binding arbitration under The Arbitration Act, 1991 (Ontario).
  2. The arbitrator will have jurisdiction to determine the arbitrability of any claim. The arbitrator will not have the right to add to, subtract from, or modify any of the terms of this Agreement.
  3. The arbitrator shall have the authority to grant all monetary or equitable relief (including, without limitation, injunctive relief and ancillary costs and fees) available under the laws of Canada. Judgment on any award rendered by the arbitrator may be entered and enforced by a court having jurisdiction thereof.
  4. Notwithstanding this section, we are entitled to enforce any and all of our rights under these terms in a court of law in any jurisdiction in which a breach or threatened breach occurs.
  5. This Agreement shall be governed and construed in accordance with the laws of Canada, and you and we irrevocably attorn to the exclusive jurisdiction of the courts of Canada, subject to Article 17(i)-(iv) above.

18. Entire Agreement

These terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede all previous agreements, arrangements, and understandings between us relating to the subject matter.

19. Severability

If any provision of these terms is held to be invalid, illegal, or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

20. No Waiver

No failure or delay by us in exercising any right, power, or remedy under these terms shall operate as a waiver of any such right, power, or remedy.

21. Force Majeure

We shall not be liable for any failure to perform our obligations under these terms if such failure results from circumstances beyond our reasonable control.

22. Assignment

We may assign our rights and obligations under these terms to another organization, but this will not affect your rights or our obligations under these terms. You may not transfer or assign your rights or obligations under these terms to anyone without our prior written consent.

Contact Information

For any questions or concerns about these terms, please contact us at:

Email: info@muuvment.com

Address: LaBarge Weinstein LLP, 515 Legget Drive, Suite 800, Ottawa, Ontario K2K 3G4, Canada