Motric Recovery SRL (“Motric”, or “us”) welcomes you (“you” or the “User”) to the Motric website www.motricrecovery.com and/or to the platform based on the MotricRecovery application, collectively referred to as the “Platform”.
Use of the Platform, the services and the content available on the Platform implies acceptance of these terms and conditions of use (the “Terms”) as well as of the privacy policy available on confidentiality-policy.com. In order to use the Platform in the best conditions, it is recommended to read this document carefully.
By accessing the Platform, you agree to the Terms and all applicable laws and regulations. If you do not agree with any of the Terms, you are prohibited from accessing or using the Platform.
We reserve the right to make changes to these Terms and to the Platform without prior notice. By accessing the Terms page, you can always read the latest version of these provisions. At the same time, we reserve the right to change, suspend or discontinue, at any time, the Platform and/or the Services, without prior notice.
(1) The platform is managed and maintained by Motric Recovery SRL, with its headquarters in Bucharest, sector 6, str. Sibiu, nr. 39, bloc Z14, etaj 3, apartament 23, registered with the Trade Register under no. J40/3401/2021, having the Unique Registration Code 43802318 and hosted by servers located on Microsoft Azure infrastructure.
(1) MotricRecovery offers medical gymnastics and fitness exercises programs at home through the Platform (the "Services"). We may modify, suspend or discontinue (temporarily or permanently) the Services without prior notice.
(2) The services are available to individual users who are younger than 65 years of age, are healthy, have not suffered a heart condition or stroke in the 6 months prior to the date of use of the Services, and have been approved by their physician as fit to perform physical training similar to those offered by the Services. By using the Services you declare that you are in full compliance with the provisions of this paragraph. For the minors, respectively persons under the age of 18 years, the user accounts will be managed by their parents or legal guardians who undertake the above statement for minors.
(3) Accessing and using the Platform and/or the Services require that certain computer system requirements be met, which may be changed from time to time. These system requirements include one or more compatible devices, internet access (may involve additional costs of third party providers), and certain software programs (may involve additional costs of third party providers), as well as regular updates or upgrades. To use the Platform with the utmost efficiency, it is advisable to use high speed internet and connect any such compatible devices and/or other hardware directly to an electrical outlet. If you are unable to meet these requirements, the Services may be affected without Motric being liable in this respect.
(4) Motric may change the content of the Platform at any time, may change the structure, content and accessibility, may suspend the operation of the Platform and the Services, without prior agreement and without notice to Users and Motric shall not be liable for any damages to Users.
(1) To access the Services and the Platform, you must create a User account. To create this account, you must complete an application for registration and access to the Services by providing at least the following information: last and first name, email, telephone, date of birth and age, weight, height, sex, medical diagnosis, and billing data, respectively address and personal numerical code (the “Account”). After completing the required information, you will be able to set a password for your Account, your Username being your email address, or you will be able to sign in to your Account using your Facebook or Google usage data.
(2) After registering your Account, Motric specialists will analyze the information and send you the right exercise program for you. To the extent that Motric specialists deem additional information necessary, including pictures and/or videos to better observe the diagnosis, we recommend that you make it available to them by uploading it to the Platform so that the program they have established is the most appropriate for you. By completing your profile, you agree that Motric may use the uploaded data to improve the quality and performance of the Services.
(3) All data and information provided, including photos and videos, are part of your Account saved on cloud servers contracted by Motric. You will also receive your registration confirmation by email at the address you provided during the registration process, and if you sign in with your Google/Facebook usage data, at the registered address of these accounts. To the extent that your Google/Facebook accounts do not reveal your email address, you will not receive any confirmation email, but you can complete the information in your Account for future communications.
(4) Motric may restrict access to the Platform and/or the Services in whole or in part, without prior notice and without being held liable, to the extent that this action is justified from Motric's point of view. Motric may also erase or remove any content associated with your Account from the Platform. Reasons for such removal include, but are not limited to, violation of the Terms.
(5) Motric reserves the right to erase your Account after a significant period of inactivity, i.e. at least 1 year, and you can request that we erase your Account by contacting us at office@motricrecovery.com. You agree to provide, maintain and update true, accurate, current and complete Account information about you, as required by our registration process.
(6) You agree not to use the identity of any other person or entity, or to alter your identity or affiliation with any other person or entity, including using the username, password, or other account information of another person, or your name, likeness, voice, image or another person's photo. You are responsible for maintaining the confidentiality of your Account and your password and for restricting access to your Account, and you agree to accept responsibility for all activities that take place in your Account or with your password. You also agree to promptly notify us at office@motricrecovery.com of any unauthorized use of your Username, password, other information about or from your Account, or any other violation of security that you have found to be involved with or refer to the Platform.
(7) We may suspend or close your Account and your ability to use the Platform or any part thereof for non-complying with these Terms.
(1) Subscription.
a. The subscription is nominal and cannot be transferred to any other third party. The type of subscription you have access to will be automatically uploaded to your User Account.
b. The Contract, respectively the Subscription, will be validly concluded immediately after the confirmation of the payment made by the User for the desired Subscription followed by the uploading of your Subscription to the User's account.
c. Purchases of Subscriptions can be made exclusively online, using bank cards, through partner payment processors.
d. The amounts collected by Motric for the purchase of Subscriptions become the property of Motric and will not be subject to restitution regardless of whether or not you use the Services provided in the Subscription during its validity period.
e. Motric offers you the possibility to purchase a Subscription directly from the User account. The price of the Subscription as well as access to the Services will be regulated in accordance with Motric's Terms and commercial practices applicable at the time of purchase, and creating an Account and/or accepting the Terms and/or purchasing a Subscription represents your agreement to conclude this Agreement.
f. Motric offers access to several types of subscriptions. They will be purchased by the User at the displayed price and will have the content displayed on the date of purchase (displayed prices include VAT).
(2) Payment.
a. Once the desired subscription type is selected, the User will be redirected to the payment processor page. After completing the transaction, the selected subscription type will be automatically loaded into the Account, this action representing the confirmation of the conclusion of the Contract and the entry into possession of the Subscription, and Motric will send the User a confirmation e-mail in this regard, with details about the Subscription and/or service purchased. By accepting the Terms, the User confirms that the payment is considered accepted when the Motric account is debited with the amount representing the value of the selected Subscription.
b. When inserting the card into the Platform to make Payments, you will be redirected to the page of the partner payment processor. Motric does not have access to and does not collect information related to the User's financial transactions, having registered in the database exclusively the information communicated by the payment processor, namely the last 4 digits of the associated card and its expiration date.
c. If we incur costs and/or expenses because a payment is refused and it is your fault (for example, because there are insufficient funds in the account or because the credit card limit has already been used up), then we are entitled to charge you actual costs and/or expenses incurred.
d. Any fees charged for making payments are the sole responsibility of the User. Payment providers may, at their discretion, offer you the option to pay in installments against a fee. This fee will be charged directly by the respective payment provider and is therefore paid directly to them. The terms and conditions of the respective payment provider apply. Please note that if you cancel your order we will not be able to refund these fees.
(3) Right of withdrawal
a. The User has the right to withdraw from the Contract without justification and without payment of any penalty if he exercises this right within 14 days of purchasing the Subscription and only if the User has not already started using the Subscription. The use of the Subscription means any use of the Platform and/or the Services made after the activation of the Subscription, any such use being equivalent to your prior express consent to start the execution of the Services during the withdrawal period.
b. If the User has already used the Subscription and, implicitly, the Services, we inform you that this use results in the loss of the right of withdrawal. Acceptance of the Terms and purchase of the Subscription represents your User's agreement and confirmation that you have taken note of the loss of the right of withdrawal in the case of using the Services during the period of 14 days from the activation of the Subscription.
c. Exercising the right of withdrawal can be done by sending a request to the address office@motricrecovery.com, in which the User informs about his intention and by which he provides the following information: name and surname, telephone number, date of purchase of the Subscription. If the withdrawal request meets the legal conditions, we will return the amount related to the Subscription to the same account from which the payment was made, within no more than 14 days after receiving the request.
(1) Users will only use the Services to improve their physical condition by going through personalized medical or for improving the physical condition gymnastics programs. Users are prohibited to use the Services for any other purpose. The User will be solely and fully responsible for the use of the Platform and the Services and for all their consequences and results.
(2) The User agrees not to allow or assist any other party to:
1. Use the Platform and/or the Services for any illegal, immoral, unlawful and/or unauthorized purpose, including but not limited to the transmission or receipt of material contrary to any applicable law or legal provision, obscene, threatening, aggressive, defamatory, racist etc;
2. Interfere with or violate any User's rights to privacy and other rights or collect personally identification information about Users without their express consent, either manually or through the use of any robot, spider, crawler, any search or retrieval application, or the use of others manual or automated devices, process or method to access the Platform, the Services and to retrieve, index and/or mine information;
3. Conduct and/or allow the conduct of cracking/hacking activities or Denial of Service attacks; Users who violate the security of the Platform, the systems or the networks of the servers on which it is maintained can be subject to civil or criminal legal action;
4. Modify, copy, distribute, transmit, display, publish, reproduce, license, create derivative products/services, transfer or sell any information or services obtained from/through the Platform and/or the Services;
5. Use any content available on or through the Platform or the Services on any other application, website or networked computer media for any purpose; or
6. Frame or link any information available on the Platform, unless permitted by the Terms. If you operate a website and wish to use the information provided by the Platform, please do not frame or link to certain parts of the Platform, but provide a link to the Platform.
(1) Use of the Platform and Services includes features that require physical activity. It is advisable to consider the risks involved and discuss with authorized health counselors and make medical decisions based on the advice and your judgment before engaging in any physical activity. Use of our Services is at your own risk. Motric is not an authorized healthcare provider and states that it has no experience in diagnosing, examining or treating any medical condition or determining the effect of any specific exercise on a medical condition.
(2) Motric is not responsible or liable for any harm or damage you may suffer as a result of your use of the Platform, and you agree to release and discharge Motric from any claim and to waive any rights to act arising out of your use of the Platform and/or Services.
(1) TO THE EXTENT PERMITTED BY LAW, THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". MOTRIC AND ITS AFFILIATES, TOGETHER WITH ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS AND LICENSORS (COLLECTIVELY, "MOTRIC REPRESENTATIVES") DECLINE ALL WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR FOR NON-VIOLATION OR IMPLIED WARRANTIES OF USE, MARKETABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING DURING TRADING OR USE OR MARKETING.
(2) MOTRIC DOES NOT WARRANT THAT:
(i) THE PLATFORM AND/OR SERVICES ARE OR WILL BE SAFE, PROMPT, RELIABLE, ACCURATE, COMPLETE, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, DEFECTIVE-FREE, WORM-FREE OR FREE OF OTHER HARMFUL COMPONENTS,
(ii) ANY ERRORS OR DEFECTS IN THE PLATFORM AND/OR SERVICES WILL BE CORRECTED, AND/OR
(iii) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. MOTRIC IS NOT AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS, DEFECTS OR OMISSIONS RELATED TO ANY CONTENT IN THE PLATFORM AND/OR SERVICES.
a. The Terms will remain in force until termination in accordance with the provisions herein. Failure by you to comply with any provision of the Terms, misuse of the Platform and/or the Services will cancel your right to use the Platform and benefit from the Services. In such circumstances, Motric may, temporarily or permanently, at its sole discretion, limit or terminate your access to the Platform and Services without notice, in addition to any other remedies that may be available to Motric under any applicable law.
b. If you object to any of the terms of this document, as may be changed from time to time without notice, or if you are not happy with the Platform and/or the Services, you may terminate the Terms at any time by discontinuing your use of the Platform and the Services and by sending a request for the erasure of the Account, these being the only and exclusive remedies in such circumstances.
c. Upon termination of the Terms, for any reason, all rights granted to you under these Terms will terminate immediately and you will immediately cease all use and access to the Platform and Services.
d. The provisions of these Terms which, by their nature, survive the termination of these Terms, will survive the termination of these Terms. Without limiting the generality of the above, disclaimer of warranty, limitation of liability, notice of physical activity, intellectual property rights and applicable law will survive the termination of the Terms, regardless of the reason.
These Terms apply directly to you and you may not grant/assign to anyone your rights or obligations under the Terms. However, Motric may grant/assign any part of the Terms without notice or your consent.
(1) UNDER THE LAW, MOTRIC AND/OR MOTRIC REPRESENTATIVES SHALL NOT BE LIABLE IN ANY WAY TO YOU OR ANY OTHERS FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, IMPLIED DAMAGES OF ANY KIND, RESULTING FROM YOUR USE OR INABILITY TO USE THE PLATFORM AND/OR THE SERVICES AND/OR EXECUTION OF THE PLATFORM AND/OR SERVICES TO OPERATE AS IT IS REPRESENTED OR THE WAY YOU EXPECT IT, OR FROM MOTRIC FAILURE TO PERFORM ITS ACTIVITY IN COMPLIANCE WITH THESE TERMS AND/OR FROM ANY OTHER ACTION OR OMISSION OF MOTRIC OR FROM ANY OTHER CAUSE, NO MATTER WHETHER MOTRIC HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
(2) WITHOUT LIMITING THE GENERALITY OF THE PREVIOUS PARAGRAPH AND TO THE EXTENT PERMITTED BY LAW, THE FULL AGGREGATE TOTAL LIABILITY OF MOTRIC AND MOTRIC REPRESENTATIVES FOR ALL DAMAGES OR LOSSES GENERATED THEREOF AND/OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORM AND/OR SERVICES, IS LIMITED TO THE LARGEST AMOUNT OF: (I) THE AMOUNT YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION WHICH GENERATES LIABILITY, OR (II) EUR 100.
These Terms are governed by and construed in accordance with the laws of Romania, without giving effect to its conflict of laws rules, and you irrevocably submit to the exclusive jurisdiction of the courts of Bucharest, Romania, which shall have exclusivity and exclusive jurisdiction over any issues arising from and/or related to your use of the Platform and/or the Services.
In order to be able to submit a request via the contact form on the Platform, you are required to enter the required credentials in the contact form at www.motricrecovery.com/contact. By using the contact form you declare that you will provide real, accurate, current and complete information about yourself. In the event that we believe that this obligation has been violated, we reserve the right to block your access to the Platform and the Services for a fixed or indefinite period of time, without prior notice.
(1) All content of the Platform is protected by copyright, which means that Users have the right to download and use the content only for personal and non-commercial use.
(2) The entire content of the Platform - images, texts, graphics, symbols, graphic elements, scripts, programs and other data - is the property of Motric and its suppliers and is protected by copyright law. The use without Motric's consent of any of the elements listed above is punishable under applicable law.
(3) You may not copy, store, modify or transfer under another name, in whole or in part, the Platform and/or its content and/or the results of the Services.
(4) Exploitation is free, subject to non-marketing and compliance with the Terms. Any form of copying, storage, modification, marketing and/or transmission of the content of the Platform is expressly prohibited.
(5) It is expressly prohibited to publish by CD, DVD, other magnetic or of other nature media, the materials published on the Platform. Motric is not liable for any damages, existing disputes, born or arising in connection with/from the copying, storage, modification or transfer of all or part of the Platform on any media.
Motric is not liable for the content, quality or nature of the sites accessed through links on the Platform (links of a commercial or advertising nature). The owners of such sites are fully liable for such sites.
Motric undertakes no responsibility for printing or display errors in terms of pricing, features, images etc.
If any of the above clauses is found to be void or invalid, regardless of the reason, this clause will not affect the validity of the other clauses.
