Motionstyles Terms of Service

Last Updated: February 10, 2025

Welcome to Motionstyles

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Kovar Digital LLC, doing business as Motionstyles ("Motionstyles," "we," "us," or "our"), concerning your access to and use of the Motionstyles platform, website, and services (collectively, the "Service").

BY ACCESSING OR USING MOTIONSTYLES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

1. Definitions

"Subscription" means a paid membership plan that grants access to download and use Items from Motionstyles.

"Item" means any digital asset available on Motionstyles, including video templates, motion graphics, After Effects templates, Premiere Pro presets, stock footage, music, sound effects, fonts, graphics, and other creative assets.

"Creator" means an approved individual who uploads and sells Items on Motionstyles and receives a complimentary subscription to the platform.

"Subscriber" means a User with an active paid Subscription.

"License" means the Motionstyles License Agreement, which governs the use of Items downloaded from the platform.

"End Product" means a completed work created by a User that incorporates one or more Items.

2. Acceptance of Terms

2.1 Agreement to Terms

By creating an account, accessing the Service, or downloading Items, you acknowledge that you have read, understood, and agree to be bound by these Terms, our License Agreement, and our Privacy Policy.

2.2 Age Requirements

You must be at least 18 years old to use Motionstyles. If you are between 13 and 18 years old, you may use the Service only with the involvement and consent of a parent or legal guardian. By using the Service, you represent that you meet these age requirements.

2.3 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date and/or by sending you an email notification. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

2.4 Additional Terms

Certain features of the Service may be subject to additional terms and conditions, which will be presented to you at the time you access those features. Those additional terms are incorporated into these Terms by reference.

3. Account Registration and Security

3.1 Account Creation

To access most features of Motionstyles, you must create an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Be responsible for all activities that occur under your account
Maintain the security and confidentiality of your account credentials
Notify us immediately of any unauthorized use of your account

3.2 Account Eligibility

You represent that:

You have the legal capacity to enter into these Terms
You are not prohibited from using the Service under applicable laws
If registering on behalf of a company or organization, you have the authority to bind that entity to these Terms
You are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country

3.3 One Account Per User

Each Subscription is for a single user only. You may not:

Share your account credentials with others
Allow multiple people to use your account
Create multiple accounts to circumvent download limits or other restrictions
Transfer your account to another person without our written consent

3.4 Account Suspension and Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if:

You violate these Terms or the License Agreement
You engage in fraudulent, abusive, or illegal activity
You attempt to circumvent security measures or access restrictions
We are required to do so by law
We determine, in our sole discretion, that your use of the Service is harmful to us, other users, or third parties

4. Subscriptions and Payments

4.1 Subscription Plans

Motionstyles offers several subscription options. Current pricing and plan details are available on our Pricing Page.

Monthly Subscription: $19/month

Unlimited downloads of Items
Commercial and personal use rights
Access to entire content library
Cancel anytime, no commitment

Annual Subscription: $10/month ($120/year)

All Monthly features
47% savings compared to monthly billing
Billed annually

Lifetime Access: $199 one-time payment

All subscription features, forever
No recurring payments
Access to all current and future Items
Founding member pricing (may increase in the future)

Teams & Business: Contact Us

Custom pricing for teams of 2+ users
Centralized billing and team management
Each team member gets their own account
Contact [email protected] for pricing

4.2 Billing and Payment

Automatic Renewal:

Subscriptions automatically renew at the end of each billing cycle
You will be charged the then-current subscription rate
Renewal charges occur on the same day of the month as your initial subscription
You authorize us to charge your payment method automatically

Payment Methods:

We accept major credit cards and other payment methods as displayed during checkout
You must provide valid, current payment information
You agree to promptly update payment information if it changes
Payment processing may be handled by third-party payment processors

Failed Payments:

If a payment fails, we may attempt to charge your payment method again
Your access to the Service may be suspended until payment is successfully processed
You remain responsible for any uncollected amounts

4.3 Taxes

You are responsible for any applicable federal, state, local, or foreign taxes, levies, or duties associated with your Subscription, except for taxes based on Motionstyles' net income. We will collect applicable sales tax where required by law based on your billing address.

4.4 Price Changes

We may change subscription prices at any time. Price changes will be communicated to you in advance and will take effect at your next billing cycle. If you do not agree to a price increase, you may cancel your Subscription before the new price takes effect.

4.5 Free Trials and Promotions

We may offer free trials or promotional subscriptions from time to time. Special terms and conditions may apply to these offers and will be presented to you at the time of the offer. Free trials may require payment information and will automatically convert to paid subscriptions unless canceled before the trial ends.

5. Refund Policy

5.1 Refund Eligibility

You may request a full refund of your Subscription fee if ALL of the following conditions are met:

You request the refund within 7 calendar days of your initial purchase or renewal date
You have not downloaded any Items during the refund period
You have not used any Items or the Service during the refund period

5.2 How to Request a Refund

To request a refund, contact us at [email protected] with your account information and reason for the refund request. Refunds will be processed within 10 business days of approval and will be issued to the original payment method.

5.3 No Refunds After Use

If you download any Items or use the Service during the refund period, you are not eligible for a refund. All sales are final once you have accessed the platform's content.

5.4 Chargebacks

If you initiate a chargeback or payment dispute with your payment provider, your account will be immediately suspended or terminated. If the chargeback is resolved in our favor, you will be responsible for all Items downloaded and any associated costs, fees, and damages.

6. Cancellation

6.1 How to Cancel

You may cancel your Subscription at any time by:

Logging into your account and navigating to account settings
Following the cancellation prompts
Contacting customer support at [email protected]

6.2 Effect of Cancellation

When you cancel your Subscription:

Cancellation takes effect immediately
You will not be charged for subsequent billing periods
Your access to download Items will be revoked immediately
You must uninstall any Fonts and Add-ons from your devices
You retain perpetual rights to completed End Products created during your active Subscription
You cannot start new projects or download new Items after cancellation
No refunds are provided for the unused portion of your current billing period

6.3 No Obligation

You are not obligated to continue your Subscription for any minimum period. You may cancel at any time without penalty, subject to the no-refund policy in Section 6.2.

7. License to Use Items

7.1 License Agreement

Your use of Items is governed by the Motionstyles License Agreement, which is incorporated into these Terms by reference. By downloading any Item, you agree to comply with the License Agreement.

7.2 Download Limits

To ensure fair use and prevent abuse, we impose the following limits:

Maximum 150 Item downloads per day per account
Downloads must be for immediate, specific use in a project
Bulk downloading or warehousing Items for future use is prohibited
Automated downloading using bots, scripts, or software tools is strictly prohibited

7.3 License Violations

Violations of the License Agreement may result in:

Immediate account suspension or termination
Revocation of licenses for all Items
Legal action to enforce our rights and recover damages
Referral to law enforcement if illegal activity is suspected

8. Creator Program

8.1 Invite-Only Platform

Motionstyles operates as an invite-only platform for Creators. To become a Creator, you must:

Receive an invitation from an existing Creator
Submit an application with samples of your work
Be approved by Motionstyles
Agree to Creator-specific terms and conditions

8.2 Creator Subscriptions

Approved Creators receive:

Complimentary access to the entire Motionstyles library
The ability to download and use Items for personal and commercial projects
All rights and obligations of paid Subscribers under the License Agreement
Access to Creator-only features and tools

8.3 Uploading Items

As a Creator, you agree to:

Upload only original content that you own or have the legal right to license
Ensure all Items comply with our Content Guidelines (Section 12)
Provide accurate descriptions, keywords, and metadata for your Items
Include appropriate documentation, licensing information, and usage instructions
Not upload content that infringes third-party intellectual property rights
Not upload malicious code, viruses, or harmful software
For music and sound effects: Accurately indicate Content ID and P.R.O. registration status using the provided checkboxes

8.4 Creator Earnings

Earnings Model:

Motionstyles distributes 50% of monthly subscription revenue to Creators
Your earnings are calculated based on points earned from downloads of your Items
Base calculation: (Your points ÷ Total platform points) × 50% of monthly revenue
Earnings are calculated monthly and paid on the 15th of the following month

What Counts as Downloads:

Subscriber downloads of your Items
Creator downloads using their complimentary access
Free downloads from promotional content
Invite downloads from Creators you invited

Payout Requirements:

Minimum payout threshold: $20
Earnings below the minimum roll over to the next month
You must provide valid payment information (PayPal or Payoneer)
You are responsible for taxes on your earnings

8.5 Invite System

How It Works:

Creators can invite other talented individuals to join Motionstyles
When your invited Creator's Items are downloaded, you earn one bonus download toward your earnings
Bonus downloads count the same as regular downloads in the earnings pool
You only earn from Creators you directly invite, not from secondary invitations

Invite Limitations:

Invite codes expire at the end of each month
Each code can only be used once
No limit on the number of Creators you can invite
Invited Creators must be approved by Motionstyles

8.6 Exclusive Items and Bonuses

Motionstyles offers additional earning opportunities for Creators:

Exclusive Paid Items: Items available only on Motionstyles earn +2 bonus points per download (3 total points: 1 base + 2 bonus)

Exclusive Free Items: Free items marked as exclusive earn +1 bonus point per download (2 total points: 1 base + 1 bonus)

Free Downloads: Items marked as free earn from a dedicated 10% pool (5% of total subscription revenue)

Request Fulfillment: Creators who fulfill specific community requests earn +1 bonus point per download of the fulfilled item

How Bonus Points Work: Bonus points increase your share of the fixed creator pool. More points = larger share of the same pool. These bonuses incentivize exclusivity and community engagement.

8.7 Content Ownership and Rights

You Grant Motionstyles:

A worldwide, non-exclusive, royalty-free license to display, distribute, and promote your Items on the platform
The right to showcase your Items in marketing materials
The right to modify Item metadata and presentation for platform optimization

You Retain:

All ownership and intellectual property rights in your Items
The right to sell your Items on other platforms (unless marked as Motionstyles-exclusive)
Credit and attribution as the creator of your Items

Motionstyles Retains:

All rights to the platform, branding, and technology
The right to remove Items that violate these Terms or community standards
The right to modify how Items are displayed and promoted

8.8 Creator Account Termination

We may terminate your Creator account if:

You violate these Terms or the License Agreement
You upload infringing or prohibited content
You engage in fraudulent or abusive behavior
You fail to maintain quality standards
Required by law or legal process

Upon termination:

You lose access to your complimentary Creator subscription
Unpaid earnings below the minimum payout threshold will be paid out within 60 days of termination
We will pay out any earnings above the minimum threshold
You must remove any Motionstyles branding from your promotional materials
You may not use the Motionstyles name to promote your work

9. Intellectual Property Rights

9.1 Motionstyles Intellectual Property

The Service, including its design, graphics, user interface, code, and content (excluding User-uploaded Items), is owned by Motionstyles and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from Motionstyles' intellectual property without our express written permission.

9.2 Trademarks

"Motionstyles" and associated logos are trademarks of Kovar Digital LLC. You may not use our trademarks without our prior written consent. Approved Creators may use the Motionstyles name to indicate that they sell on the platform, subject to our brand guidelines.

9.3 Copyright Infringement

We respect intellectual property rights and expect our Users to do the same.

DMCA Compliance:
If you believe that content on Motionstyles infringes your copyright, please send a DMCA takedown notice to:

Copyright Agent:
Kovar Digital LLC
1210 Broadway St #160
Alexandria, MN 56308
Email: [email protected]

Your notice must include:

Identification of the copyrighted work claimed to be infringed
Identification of the allegedly infringing material and its location on Motionstyles
Your contact information (name, address, telephone number, email)
A statement that you have a good faith belief that the use is not authorized
A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
Your physical or electronic signature

Counter-Notice:
If you believe your content was wrongly removed, you may submit a counter-notice containing:

Identification of the removed material and its former location
A statement under penalty of perjury that the removal was a mistake or misidentification
Your contact information
Your consent to jurisdiction in federal court
Your physical or electronic signature

Repeat Infringer Policy:
We will terminate the accounts of Users who are repeat copyright infringers.

10. Prohibited Conduct

You agree not to:

10.1 Legal Violations

Violate any applicable local, state, national, or international law or regulation
Engage in any illegal activity or promote illegal conduct
Infringe or violate the intellectual property rights of others

10.2 Platform Abuse

Attempt to gain unauthorized access to the Service or other Users' accounts
Use any automated system (bots, scrapers, etc.) to access the Service
Interfere with or disrupt the Service or servers or networks connected to the Service
Attempt to circumvent any security measures or access restrictions
Probe, scan, or test the vulnerability of the Service without authorization

10.3 Content Restrictions

Upload, post, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, or otherwise objectionable
Upload content that contains viruses, malware, or other harmful code
Upload content that infringes intellectual property rights or violates privacy rights
Upload content that contains false or misleading information

10.4 Misrepresentation

Impersonate any person or entity or misrepresent your affiliation with any person or entity
Use false or misleading information when creating an account
Claim authorship or ownership of Items you did not create

10.5 Commercial Restrictions

Use the Service for any unauthorized commercial purpose
Resell, redistribute, or sublicense Items in violation of the License Agreement
Use Items to create competing platforms or services

10.6 AI and Automation Restrictions

Use Items to train artificial intelligence or machine learning models
Use Items in generative AI systems or services
Extract data from Items for AI development purposes
Use automated systems to download or aggregate Items

11. Content Moderation and Removal

11.1 Our Rights

We reserve the right, but have no obligation, to:

Monitor User content and activity on the Service
Remove or refuse to display any content that violates these Terms
Suspend or terminate accounts that violate these Terms
Report illegal activity to law enforcement
Cooperate with legal investigations

11.2 No Liability for User Content

We are not responsible for User-uploaded content, including Items uploaded by Creators. We do not endorse, verify, or guarantee the accuracy, quality, or legality of User content.

11.3 Backups

We are not responsible for backing up your account data or downloaded Items. You are solely responsible for maintaining your own backups.

12. Content Guidelines

All content uploaded to Motionstyles must comply with the following guidelines:

12.1 Original Content

You must own all rights to the content you upload, or have explicit permission to upload and license it
Content must be your original creation or properly licensed from third parties
Include proper attribution and license documentation for third-party components

12.2 Quality Standards

Items must be high quality and professionally produced
Items must work as described and be free of errors
Items must include appropriate documentation and usage instructions
Preview images must accurately represent the Item

12.3 Prohibited Content

You may not upload content that:

Infringes copyright, trademark, or other intellectual property rights
Contains recognizable people without appropriate model releases (except for editorial use)
Contains private property without property releases (except for editorial use)
Is pornographic, obscene, or sexually explicit
Depicts illegal activities or promotes violence
Is hateful, discriminatory, or promotes harm against individuals or groups
Contains malware, viruses, or malicious code
Violates privacy rights or discloses personal information without consent
Is misleading, fraudulent, or deceptive

12.4 Metadata and Keywords

Provide accurate, descriptive titles and descriptions
Use relevant, appropriate keywords and tags
Do not use misleading or spam keywords
Do not keyword-stuff or use irrelevant terms

12.5 Music and Audio Requirements

Accurately indicate whether tracks are registered with YouTube Content ID or similar rights management services
Accurately indicate whether tracks are registered with any Performance Rights Organization (ASCAP, BMI, SESAC, PRS, or similar)
Use the Content ID and P.R.O. checkboxes to clearly communicate registration status to subscribers
Misrepresenting Content ID or P.R.O. status may result in account termination

13. Third-Party Services

13.1 Third-Party Links

The Service may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or availability of these external sites. Use of third-party services is at your own risk.

13.2 Payment Processors

Payment processing is handled by third-party providers (e.g., Stripe). Your use of payment services is subject to their terms of service and privacy policies.

13.3 Analytics and Tracking

We use third-party analytics services to improve our Service. These services may collect information about your use of the Service in accordance with our Privacy Policy.

14. Disclaimers

14.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MOTIONSTYLES DISCLAIMS ALL WARRANTIES, INCLUDING:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR RELIABILITY OF CONTENT
UNINTERRUPTED OR ERROR-FREE SERVICE

14.2 No Guarantee of Availability

We do not guarantee that:

The Service will be available at all times
The Service will be free of errors, bugs, or security vulnerabilities
Any specific Items will remain available
The Service will meet your specific requirements

14.3 User Content

We are not responsible for:

The accuracy, quality, or legality of User-uploaded Items
Third-party components included in Items
Any harm resulting from your use of Items
Disputes between Users

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

15.1 No Consequential Damages

MOTIONSTYLES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

Lost profits or revenue
Loss of data
Business interruption
Cost of substitute services
Any other pecuniary loss

ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Liability Cap

MOTIONSTYLES' TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF:

THE AMOUNT YOU PAID FOR YOUR SUBSCRIPTION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR
ONE HUNDRED DOLLARS ($100)

15.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless Motionstyles, Kovar Digital LLC, and our directors, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any laws or third-party rights
Content you upload or submit
End Products you create using Items
Any negligent or intentional acts by you

17. Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of the State of Minnesota, United States, without regard to conflict of law principles.

17.2 Jurisdiction

Any disputes arising from these Terms shall be resolved exclusively in the state or federal courts located in Douglas County, Minnesota. You consent to the personal jurisdiction of these courts.

17.3 Informal Resolution

Before filing any legal claim, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

17.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO RESOLVE ANY DISPUTES WITH MOTIONSTYLES ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.

18. General Terms

18.1 Entire Agreement

These Terms, together with the License Agreement and Privacy Policy, constitute the entire agreement between you and Motionstyles.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

18.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

18.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to any successor or affiliate without restriction.

18.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet outages.

18.6 Notices

Notices to you may be provided via email to your account email address or through the Service. Notices to us should be sent to:

Kovar Digital LLC
1210 Broadway St #160
Alexandria, MN 56308
Email: [email protected]

18.7 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

19. Contact Information

If you have questions about these Terms, please contact us:

Kovar Digital LLC
1210 Broadway St #160
Alexandria, MN 56308
Email: [email protected]

By using Motionstyles, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: February 10, 2025