PLEASE READ THE BESPOKE TERMS CAREFULLY BEFORE USING THE MOTIVII WEBSITE OR DOWNLOADING OR USING THE APPLICATION.
If your employer does have Bespoke Terms in place with Motivii, in the event of any conflict or inconsistency between these terms and the Bespoke Terms, the Bespoke Terms will prevail. The Bespoke Terms shall supersede these standard terms or any other terms you agreed to when signing up to Motivii.
Motivii is operated by Motivii Limited. We are a limited company registered in England and Wales under company number 09272245 whose registered office is 10 Rocombe Crescent, London, United Kingdom, SE23 3BL.
3.3 order to use the Motivii service you will be invited to register to use it. This may be via an email invite or another mechanism. You agree that by accepting this invitation and signing up to Motivii you are intended recipient of this invitation. If you believe you are not the indented recipient of the invitation, you should not register.
3.6.1 Employee – All Employees who have signed up to Motivii are able to use the core functions of Motivii; which allows them to record their motivation at any time, answer questions and complete a weekly roundup of how their week has gone. All Employees can access their own personal data, including but not limited to their historical motivation recordings, notes and weekly roundup (Top3_ Highlights, Challenges and Focus). This data can be accessed on the Motivii mobile App or by logging into Motivii.com;
3.6.2 Manager – All Employees that manage other Employees (Managers) are able to access anonymous grouped motivation for the team of Employees who report to them (Direct Reports), view world clouds and see their Direct Reports’ Individual Highlights, Challenges and Focus by name (please note this is the only information that is directly linked to an individual Employee’s name). Managers can choose to receive weekly email summaries on their Direct Reports and can decide to automatically forward this to their Direct Reports or another email address.
3.6.3 Full View – This is a role that gives the Employer access to broader insight, including aggregated motivation, answers to questions and insight via Tags (as described in our User help documentation).
3.6.4 Organisation (Org Admin) – This role gives the Employer the ability to administer its Motivii account through the dashboard. For instance the Employer may edit questions to Employees,delete Employees from the dashboard and control the roles to which Employees have access. When a Client registers with us, the first Employee will be given access to the Organisation (Org Admin) role. That Employee can then authorize other Employees to access this role and/or Full View, and those Employees will then be able to authorise other Employees in the same way. Though Motivii is on hand to help, we are not responsible for changes made by the Employer through the dashboard, for instance the accidental removal of Employees, or allowing an Employee access to a role that is not appropriate.
3.7 If you no longer work for your Employer your Motivii account can be unlinked from the Employer’s account. This means that your data no longer contributes to your Employer’s Motivii account. Please note that either your Employer can unlink your Motivii account on departure or you can contact us at firstname.lastname@example.org to unlink.
3.8 Your rights to use Motivii and access the Services will depend on your User role outlined above. An individual User may access Motivii in several roles, however use in one role is distinct from the other. If you register as a Manager or if you are granted access to the Full View or Organisation (Org Admin) roles as described above, you acknowledge that you are acting on behalf of the Employer in this regard and agree to act responsibly in acting in that role. Motivii is not liable for loss or damage suffered as a result of Users’ use or misuse of these roles.
4.3.1 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
4.3.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
4.3.3 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving inter-operability of the App with another software program;
(b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(c) is not used to create any software that is substantially similar to the App;
4.3.4 to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
4.3.5 to include our copyright notice on all entire and partial copies you make of the App on any medium;
4.3.6 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
4.3.7 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
5.2 By using Motivii, you consent to such processing and you warrant that all data provided by you is accurate.
7.1 To register with Motivii as a User you must complete all of the required fields set out in the registration process accessed via the Website. It is not possible to register using the App.
7.2 The first stage of registration gives the User access to the service as an Employee. All Employees then have the ability to invite any Direct Reports (and thereby providing their details) therefore also gaining Manager role access. When registering as a Manager, you will also be asked to input the email addresses and other details of your Direct Reports. Please note that, when you register as a Manager, you are confirming to us:
7.2.1 that you are authorised by your Employer to access Motivii and to set up a Manager account with us;
7.2.2 that you have the necessary consent from your Direct Reports to provide us with their details. If you are unsure whether you are able to give those details to us, please consult with your HR department before doing so.
7.3 If you are a registering as a User as part of a team at your Employer, please note that we only share limited information with your Manager and your Employer as set out in our Privacy and Data Policy.
7.4 You may be granted access to the Full View and Organisation (Org Admin) roles as described in clause 3.6 above.
7.5 The contract between us will only be formed when we confirm our acceptance of your registration. If we are unable to accept your registration request, we will inform you of this during the registration process.
7.7 Only one account is permitted per registered user at any one time. Fake profiles are not permitted.
7.8 We reserve the right to deactivate any accounts which have not been used for six months or more.
8.1 When you choose 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.
8.3 Your account is for your own use only. You may not authorise others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. If you know or suspect that anyone other than you knows or has obtained your user identification code or password and/or has accessed your account, you must immediately notify us at email@example.com and change your password.
8.4 You are responsible for the acts and omissions of any third parties who use your user identification code or password to access your account, whether fraudulent or not, and you agree to reimburse us on demand for any loss we may suffer as a result of such use.
9.1 The Services will be as provided to you through the Website and the App from time to time, including as described in our User help documentation. We may update Motivii from time to time, and may change the content provided on it and/or the Services at any time. However please note that, although we make reasonable efforts to update the content we provide on Motivii, we make no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete or up-to-date and we are under no obligation to update it.
9.2 We do not guarantee that Motivii, or any content on it, or the Services, will always be available or be uninterrupted. Access to Motivii is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Motivii without notice. We will not be liable to you if, for any reason, Motivii is unavailable at any time or for any period.
9.3 You are responsible for making all arrangements necessary for you to have access to Motivii.
10.1 All information, text or other materials that you submit to Motivii from time to time, including without limitation motivation levels, notes and weekly roundup (review) Top3 responses (Submitted Content) is solely your responsibility. We will deal with Submitted Content in accordance with our Privacy and Data Policy, however we may not monitor or control Submitted Content (or any such content submitted by other Users) and we cannot take responsibility for it.
10.4 If your registration with Motivii is terminated, we have the right to delete any Submitted Content that you have submitted to Motivii, although you acknowledge that such Submitted Content will still form part of historical analysis available to your Manager following such termination.
11.3 Our status (and that of any identified contributors) as the authors of the content provided by us on Motivii must always be acknowledged.
11.4 Except as permitted for the purposes of receiving the Services, you must not use any part of the Motivii platform or any content on Motivii for commercial purposes without obtaining a licence to do so from us or the content owner in question.
12.2 We do not guarantee that the Services will always be available or that access to them will be uninterrupted. Access to the Services is permitted on a temporary basis. We may suspend, withdraw or discontinue or any part of the Services without notice. We will not be liable to you if, for any reason, the Services are unavailable at any time or for any period.
12.3 In relation to the use of the Services:
12.3.1 to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services, whether express or implied; and
18.104.22.168 loss of profits, sales, business or revenue;
22.214.171.124 loss of agreements or contracts;
126.96.36.199 business interruption;
188.8.131.52 loss of anticipated savings;
184.108.40.206loss of business opportunity, goodwill or reputation;
220.127.116.11 loss of use or corruption of software, data or information;
18.104.22.168 cost of procurement of substitute goods, services or technology; or
22.214.171.124 any special, indirect or consequential loss or damage.
12.3.3 We use reasonable endeavours to remove bugs or viruses but we do not guarantee that Motivii will be secure or free from bugs or viruses. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service.
13.1 in any way that breaches any applicable local, national or international law or regulation;
13.1.1 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
13.1.2 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below;
13.1.3 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
13.1.4 to transmit knowingly any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
13.2 You also agree:
13.2.2 not to impersonate any other registered Users; and
13.2.3 not to access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same): (i) the accounts of other registered Users; (ii) any part of Motivii or its security measures; (iii) any equipment or network on which Motivii is stored; (iv) any software used in the provision of Motivii; or (v) any equipment or network or software owned or used by any third party.
14.1 These content standards apply to any and all Submitted Content (as defined in clause 10.1 above), and to any interactive services associated with it.
14.2 You must comply with the spirit of the following standards, as well as the letter. The standards apply to each part of any Submitted Content as well as to its whole.
14.3 We reserve the right in our sole discretion to refuse to display, or to remove, Submitted Content that we feel is not suitable for, or does not fit with the ethos of, Motivii.
14.4 Submitted Content must:
14.4.1 be genuinely held (where they state opinions);
14.4.2 be suitable for use on Motivii; and
14.4.3 comply with applicable law in the UK and in any country from which they are posted.
14.5 Submitted Content must not:
14.5.1 contain any material which is defamatory or inaccurate of any person;
14.5.2 contain any material which is obscene, offensive, hateful or inflammatory;
14.5.3 promote indecent or sexually explicit material;
14.5.4 promote violence;
14.5.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
14.5.6 contain links to any external website;
14.5.7 infringe any copyright, database right, trade mark or other intellectual property rights of any other person;
14.5.8 contain photographs, images or other representations of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
14.5.9 be likely to deceive or mislead any person;
14.5.10 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
14.5.11 advocate, promote, assist or enable any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intend to defraud, swindle or deceive other Users of Motivii;
14.5.12 be threatening, abuse or invade another's privacy or cause annoyance, inconvenience or needless anxiety;
14.5.13 be likely to harass, upset, embarrass, alarm or annoy any other person;
14.5.14 be used to impersonate any person or to misrepresent your identity or affiliation with any person;
14.5.15 give the impression that they emanate from us, if this is not the case; or
14.5.16 disseminate or otherwise disclose another person's personal information without his or her prior permission, or collect or solicit another person's personal information for commercial or unlawful purposes.
15.1 Either party may end your registration and right to access the Services at any time on notice to the other party.
15.2.1 immediate, temporary or permanent withdrawal of your right to use Motivii including the suspension or cancellation of your registration and the termination of your licence to use the App;
15.2.2 immediate, temporary or permanent removal of any Submitted Content;
15.2.3 issue of a warning to you;
15.2.6 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
15.2.5 further legal action against you; and
15.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
15.3 The responses described above are not limited and we may take any other action we reasonably deem appropriate.
15.4 In the event that your registration ends for any reason, we may remove any or all Submitted Content.
15.5 In the event that your registration ends for any reason, you must immediately delete or remove the App from all Devices and destroy all copies of the App in your possession or control and (if requested by us) certify that you have done so.
16.1 We do not guarantee that Motivii will be secure or free from bugs or viruses.
16.2 You are responsible for configuring your Devices and other information technology in order to access Motivii. You should use your own virus protection software.
16.3 You must not misuse Motivii by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Motivii, the server on which Motivii is stored or any server, computer or database connected to Motivii. You must not attack Motivii via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Motivii will cease immediately.
17.1 You may link to our website (www.motivii.com) or to the relevant page from which our App can be downloaded, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
17.2You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
17.3 Our website must not be framed on any other site.
17.4 We reserve the right to withdraw linking permission without notice.
17.5 The website in which you are linking must comply in all respects with the content standards set out above.
17.6 If you wish to make any use of any content on Motivii other than that set out above, please contact firstname.lastname@example.org or contact us via our contact page.
18.1 Where Motivii contains links to other sites and resources provided by third parties who are not under our control, these links are provided for your information only.
18.2 We have no control over, and assume no responsibility for, the content of those sites or resources or their availability. Any such links should not be interpreted as endorsement by us of those sites and we will not be liable for any loss or damage that may arise from your use of them.
“Motivii” is a registered trade mark of Motivii Ltd.
21.1 To contact us, please email us at email@example.com. If you have any comments or complaints regarding our services, please email firstname.lastname@example.org. If you are concerned that any Submitted Content on Motivii is abusive or otherwise breaches the content standards set out in clause 14 above, please email email@example.com.
Thank you for using Motivii.