Terms and Conditions
1. Acceptance of Terms
Binding Agreement: These Terms and Conditions ("Terms"), together with our Privacy Policy, form a legally binding agreement between you ("User") and Motovio ("we", "us", or "our").
Consent: By accessing, downloading, installing, or using the Motovio mobile application (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Description of Service
Purpose: The Service enables users to manage and track their vehicle's service and maintenance history, including vehicle details, service records, mileage, reminders, and generation of a service history report.
Nature of Service: The Service is a personal record‑keeping tool and not a substitute for professional automotive advice, services, or legal counsel.
3. User Accounts and Eligibility
Account Creation: To use the Service, you must register for an account and provide accurate, truthful, and complete information.
User Credentials: You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately of any unauthorized use.
Eligibility: You must be at least eighteen (18) years old and legally capable of entering into binding contracts under Kenyan law.
4. User Conduct and Responsibilities
Lawful Use: You agree to use the Service only for lawful purposes and in accordance with these Terms and applicable laws.
- Do not upload false, misleading, or fraudulent information (e.g., inaccurate vehicle details or mileage).
- Do not harm, disable, overburden, or impair the Service or its servers.
- Do not attempt unauthorized access to the Service, other accounts, or connected systems.
- Do not transmit malicious code (viruses, worms, or other harmful data).
- Do not harass, abuse, defame, or infringe upon the rights of others.
5. Intellectual Property Rights
Our IP: The Service and its contents are the property of Motovio or its licensors and are protected by applicable intellectual property laws.
User‑Generated Content: You retain ownership of content you upload ("User Content"). You grant Motovio a non‑exclusive, royalty‑free, worldwide, transferable license to use, reproduce, modify, and display User Content solely to operate the Service.
6. Privacy and Data Protection
Data Controller: Motovio is the data controller for personal information you provide, processed per our Privacy Policy and Kenya's Data Protection Act, 2019.
Your Rights: You may access, correct, object to processing, or request deletion of your data as outlined in our Privacy Policy.
7. Disclaimers and Limitation of Liability
Disclaimer: The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind.
Limitation of Liability: To the maximum extent permitted by law, Motovio and its personnel are not liable for indirect, incidental, special, consequential, or similar damages. Our aggregate liability will not exceed fees paid by you in the twelve (12) months preceding the claim.
Consumer Rights: Nothing here limits rights under Kenyan consumer protection laws.
8. Indemnification
You agree to indemnify and hold harmless Motovio and its affiliates from claims and losses arising from your use of the Service, your breach of these Terms, or violation of law or third‑party rights.
9. Termination
By Us: We may suspend or terminate your account at any time if you breach these Terms and may refuse service at our discretion.
By You: You may terminate your account at any time by following in‑app instructions.
10. Governing Law and Dispute Resolution
Governing Law: These Terms are governed by the laws of the Republic of Kenya.
Dispute Resolution: Disputes will first be addressed through good‑faith negotiations. If unresolved within a reasonable time, disputes shall be referred to arbitration in Nairobi, Kenya, under the Arbitration Act, 1995.
11. General Provisions
- Entire Agreement: These Terms and our Privacy Policy are the entire agreement regarding the Service.
- Severability: If any provision is unenforceable, the remainder remains in effect.
- Waiver: Failure to enforce a provision is not a waiver.
- Notices: Legal notices are sent to the contact in Section 12.
12. Contact Information
Motovio — Email: [email protected]
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.