Please read these Terms and Conditions (Terms, Terms and Conditions, Conditions) carefully before using the "www.motivacoding.com" (the webpage) or/and "Daily Positive Focus"/"Positive Thoughts & Happiness"/"Positive Thoughts & Questions"/"Daily Positive Affirmations"/"Friend Your Emotions"/"Someday Tasks List"/"Win Your Day" (the app), both named as (the service), operated by Motiva Coding("us", "we", or "our").

By accessing or using the service, you agree to be bound by these Terms and Conditions. If you are not 13 years old or you disagree with any part of the Terms and Conditions, then, you may not access the service. We reserve the right to change, add or remove portions of these terms of use and any documents incorporated herein at any time and at our sole discretion. Your continued use of the service following the posting of any changes means that you accept and agree to such changes. It is your responsibility to check these terms of use periodically for changes.

You’re not allowed to copy, or modify the service, any part of the service, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Motiva Coding. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the services.

Not medical advice

You agree that the service constitutes, in part, a self-help system designed to help you improve your own mood, and that if you choose to utilize the service you are solely responsible for deciding which of the suggested techniques you put into practice and how you apply those techniques. As such, you agree that the company is not a healthcare provider, and does not provide you with any actual medical advice.

Any advice or other materials provided through the service are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. Such advice and other materials are not intended to replace the advice of a healthcare providers. We are not liable or responsible for any actions taken due to your having used the service. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose the advice, other materials and information published on or through the service.

If you receive advice from a medical professional which conflicts with anything contained in the service then the advice of the medical professional should take precedence. Never disregard professional medical advice or delay in seeking it because of something you have read through the service.

Service access and changes

We reserve the right to withdraw or amend this service or materials we provide in connection with the service, in our sole discretion. We will not be liable if for any reason all or any part of the service is unavailable at any time or for any period. We also may update the content on this service from time to time, and we make reasonable efforts to maintain current information. However, we cannot guarantee that the content is complete or up-to-date.

The app stores and processes data that you have provided to us, in order to provide our service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the app won’t work properly or at all.

At some point, we may wish to update the app. The app is currently available on Android — the requirements for the system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Motiva Coding does not promise that it will always update the app so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, we may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

Motiva Coding reserve the right to make changes to the app or to charge for its services, at any time and for any reason.

Intended for users over 13

The Service is not for use by any individual under the age of 13. We will not knowingly collect information or provide services to anyone under the age of 13.

Third-Party links and technology

Any and all third party technology or services provided, made available, linked to, or otherwise accessible through the service (”Third Party Technology”) is provided solely as a convenience to you and not under our control. The company does not endorse, recommend, or otherwise make any representations or warranties with respect to any Third Party Technology. The company does not have any responsibility or liability to you for any Third Party Technology which you access and you use it at your own risk. Further, you agree to comply with any and all terms and conditions applicable to the use of Third Party Technology and otherwise ensure that you have obtained all rights, licenses, and clearances that may be necessary to use such Third Party Technology. We encourage you to review the terms of use and privacy policies applicable to such Third Party Technology.

Subscriptions terms

You will be able to access the basic services of the app, which includes the portion of the app that is available to all users for no charge. You will also be able to access Premium content by purchasing app’s Premium subscription on terms that are offered to you within the app.

Monthly and annual premium subscriptions

Premium subscriptions are offered on an annual or monthly basis. The subscription prices are based on local currency and are specific to each country in which the app is available. Taxes may also be added to the subscription amounts by the Google Play depending on local requirements, and Motiva Coding is not involved in or responsible for such collection.

Payment Terms

Payments will be charged on a pre-pay basis on the day you sign up for a Premium Subscription and will cover the use of that service monthly or annually as indicated. All payments for Premium Subscriptions will be made by Google’s in-app purchase process. You acknowledge and agree that Motiva Coding does not own or control these third-party payment processors and will not be held liable for any claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorney’s fees, arising out of or in relation to your use of the same.

The Monthly Premium Subscription will be charged monthly on the day of the month in which you initially sign up for the Monthly Premium Subscription and the Annual Premium Subscription will be charged annually on the date in which you initially sign up for the Annual Premium Subscription. The Annual Premium Subscription also includes a 3-day free cancellation period. If you cancel the Annual Premium Subscription within the first 3 days of your first Premium Subscription purchase, you will not be charged and your subscription will revert to a Basic Subscription.

Motive Coding reserves the right to change its pricing terms for subscriptions at any time and Motive Coding will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Motive Coding’s pricing terms then you may choose not to renew your subscription.

Subscription cancellation, refunds and subscription restoration

You can cancel a Premium Subscription at any time through the Google Play subscription management settings. Premium Subscriptions that have not been cancelled prior to 24 hours before the end of the subscription billing cycle will automatically renew, and you will be charged for the new subscription billing cycle on a pre-pay basis. Any cancellation will take effect on the day following the last day of your Premium Subscription period and your subscription will then revert to a Basic Subscription.

Premium Subscriptions are generally non-refundable and are subject to the refund policies of the Google Play. This means Motive Coding cannot grant refunds and you will have to contact the Google Play support if you wish to pursue any type of refund.

Indemnity

You agree to defend, indemnify, and hold the Company, its officers, directors, partners, employees, contractors, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the service.

Disclaimer: Motiva Coding is not a medical organization. You should not consider the service or the documentation as medical advice of any kind, and the service is not intended to treat any illness, disease, or adverse medical condition or manage a chronic disease or condition.

By using the service, you expressly agree that use of the service is at your sole risk. The service is provided on an ”As Is” and ”As Available” basis. Neither the company nor its officers, directors, managers, members, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, ”Affiliates”) warrant that use of the service will be uninterrupted or error-free. Neither the company nor its affiliates warrant the accuracy, integrity, or completeness of the content provided on the service or the products or services offered for sale on the service. Further, the company makes no representation that content provided on the service is applicable to, or appropriate for use in, locations outside of Finland. The company and its affiliates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability, or fitness for a particular purpose. No oral advice or written information given by the company or its affiliates will create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Governing law

You agree that all matters relating to your access to or use of the service, including all disputes, will be governed by the laws of Finland without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the courts in Finland, and waive any objection to such jurisdiction or venue.

No waiver

The failure of the company to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by The Company of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Use.

Severability

The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use, will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect

Effective: April 22, 2023