Terms of Use

Please read these terms carefully before using the motivii website or downloading or using the application

These Terms of Use below are intended to protect you as an Individual User, Employee or Manager using Motivii. They also outline how we look after and manage your data. Additionally, the Terms of Use outline how the Service should work and what you should expect from the Service. They also outline what happens if your employer has a subscription to Motivii.

We want to give you an amazing service that helps you to be on it at work. We also want to ensure we comply with all the legal obligations that support the Service. If you have any questions please contact support@motivii.com

Please note these key points in particular regarding your use of Motivii:

If you are connected to a Manager, they will be able to see your Motivii Updates including Highlights, Challenges, Key Priorities, Objectives and Comments that you submit You can choose to share Motivii Updates with another User, and you can remove access to this at any time.

If your Employer is using Motivii, no one outside of your Manager or anyone you choose to share with can view your submissions by name - this includes answers to questions. Any answers to Questions you provide are anonymized and aggregated with at least three other people’s answers before a combined result is shared. Your Employer or Manager will never see your answers by name.

Please be mindful that you are responsible for the information you submit to Motivii, especially in free form text sections like highlights, challenges and key priorities. You must only submit information that is appropriate for work and which you have permission to share. Err on the side of caution if you are unsure.

1.Introduction

1.1 These terms of use and end-user licence agreement (together with the other documents referred to in them, which are collectively referred to here as the Terms of Use) tell you (the User) the terms on which you may use the Motivii website at www.motivii.com or any subdomain (the Website) and download and make use of the mobile application MOTIVII (the App). The Website and the App are together referred to as Motivii in these Terms of Use.

1.2 The end user licence terms set out in these Terms of Use apply to you when you download the App. When you download the App we do not sell the App to you and we remain the owners of the App at all times.

1.3 Please read these Terms of Use carefully before you start to use Motivii.

2. Information about us

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. Accessing Motivii

3.1. By using the Website or downloading the App you agree to these Terms of Use. If you do not agree to these Terms of Use, you must not use our Website, we will not license the App to you and you must not download the App.

3.2. You will be assumed to have obtained permission from the owners of the mobile telephone or other handheld devices (Devices) used to download the App. You and they may be charged by your and their service providers including for internet access on the Devices. You accept responsibility in accordance with these Terms of Use for the use of the App on or in relation to any Device, whether or not it is owned by you.

3.3. In order to use the Motivii service you may sign up yourself, or you may be invited to register to use it. This may be via an email invite or another mechanism. You agree that by accepting such an invitation and signing up to Motivii you are intended recipient of the invitation. If you believe you are not the intended recipient of an invitation, you should not register.

3.4. Once you become a registered user of Motivii you will receive access to certain functionality (the Services), subject to these Terms of Use.

3.5. If you who work as an employee, contractor or worker for a company or other organization whether on a paid or unpaid, full time or part-time or other basis (your Organization), that Organization may have entered into a separate Enterprise Agreement (or similar) with Motivii. Part of the Services will allow you to share your insight with your Employer. Please note that, as a User we use information provided by you to us in accordance with our Privacy Policy and Data Policy.

3.6. As a User of Motivii you may access the Services in a number of roles. These roles may automatically be assigned to you or assigned by your Organization, or according to whoever has invited you to join Motivii. Please note that the descriptions below are illustrative of the functionality of the Services at the date of these Terms of Use and that it is subject to change as the Services are modified and developed over time in accordance with our Terms of Use.

3.6.1. Individual – all individuals Users (whether or not they also fall into one or more of the roles below, Individuals) who have signed up to Motivii are able to use the core functions of Motivii; including the ability to record their motivation at any time, answer questions and complete a Motivii Update of how their week has gone. All Individuals can access their own aggregated personal data, including but not limited to their historical motivation recordings, notes and Motivii Updates. This data can be accessed on the Motivii mobile App or by logging into motivii.com.

3.6.2. Employees – Users who work for the Client (whether paid or unpaid, full time, part-time as contractors or otherwise) (“Employees”) have at least the same functionality as individual Users (“Individuals” in the Terms of Use). However, as Employees are linked to the Employee’s Manager (see below), by default their Motivii Updates (including but not limited to Individual Highlights, Challenges, Key Priorities, Objectives and Comments) are shared by name with their Manager (i.e. they are not anonymized), along with any other Users the Employee chooses to share them with. Motivii will not share individual answers to Questions given by Employees with any other Users; Managers and the Client (via the Enterprise People Analytics role described below) will only be able to access anonymized responses to Questions where more than three individual Users have provided an answer to a Question. Employees may receive additional functionality as a result of the Client entering into this Agreement. Please see below and our Privacy Policy and Data Policy for more details.

3.6.3. Managers – Employees who manage other Employees (“Managers”) are able to access anonymous grouped insight for the team of Employees who report to them (“Direct Reports”). This insight may include, but is not limited to, motivation, anonymized answers to Questions (see 3.6.2 above), sentiment, engagement scores and more. Managers can also access their Direct Reports’ Motivii Updates on a named (non-anonymised) basis, including but not limited to Individual Highlights, Challenges, Key Priorities, Objectives and Comments. This is the only information that is directly linked to an individual Employee’s name. Managers can choose to receive weekly email summaries regarding their Direct Reports and choose to automatically send these to all their other Direct Reports. Managers can also control how often they would like to receive an update from their Direct Reports using the Motivii Update tool. Managers have access to their Direct Reports’ usage insight allowing them to see which Direct Reports are completing the Motivii Update. Managers can invite Employees to become Direct Reports at any time and can also delete or remove Direct Reports. If an Employee’s account is deleted, all named Motivii Updates will be removed after 30 days, however historical anonymized content will be retained (and all User-identifiable indicators removed). Deleted User accounts cannot be restored.

3.6.4. Enterprise People Analytics – This is a role that gives specified Employees designated by the Client (typically the Client’s HR function) access to broader anonymized insight, including aggregated motivation, answers to questions, engagement scores, sentiment analysis, word clouds and more. The smallest group of Employees’ insight that can be analyzed using the Enterprise People Analytics functionality is a three person team/cluster.

3.6.5. Enterprise Admin – This role is given to key Employees designated by the Client. Enterprise Admin Employees give the Client the ability to administer its Motivii account through the Motivii dashboard. For instance, the Enterprise Admin Employee may edit questions to Employees, delete Employees from the dashboard and control the roles to which Employees are designated. Though Motivii is on hand to help, we are not responsible for changes made by the Enterprise Admin Employee through the Motivii dashboard, for instance the accidental removal of Employees, or allowing an Employee access to a role that is not appropriate.

3.7. Users have access to all data submitted by them and can contact us to request a download. Please see our Privacy Policy and Data Policy

3.8. If you decide to delete your Motivii account we will remove any data that can be used to identify you, in accordance with our Privacy Policy and Data Policy

3.9. If you stop working for an Organization, your Motivii account will be deleted or unlinked from the Organization’s account, either by the Organization, or at your request (see below). If unlinked, this means that your data no longer contributes to the Organization’s Motivii account. If deleted, all information that has your name on it will be removed from our systems within 30 days. You will have no way to recover this information after that period. Please note that either your Employer can unlink your Motivii account on departure or you can contact us at support@motivii.com to unlink, delete or request access to all the data you have submitted.

3.10. 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 Enterprise People Analytics or Enterprise Admin roles as described above, you acknowledge that you are acting on behalf of the relevant Organization 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. End-user license applying to the App

4.1. On condition of you agreeing to abide by these Terms of Use, upon downloading the App to a Device we grant you a non-transferable, non-exclusive license to use the App on that Device, subject to these terms and the other applicable terms set out below and incorporated into these Terms of Use by reference. We reserve all other rights.

4.2. You may download a copy of the App onto the Device and to view, use and display the App on that Device subject to these Terms of Use.

4.3. Except as expressly set out in these Terms of Use or as permitted by any local law, you agree:

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. Privacy and Data Policy

5.1. These Terms of Use refer to our Privacy and Data Policy available here, which, together with our Data Processing Addendum, sets out the terms on which we process any data (whether personal data or otherwise) we collect from you, or that you provide to us. In particular, our Privacy and Data Policy incorporates our cookies policy available here.

5.2. By using Motivii, you warrant that all data provided by you is accurate.

6. Changes to these Terms of Use

6.1. You will be asked to read and accept these Terms of Use at the time you download the App or log in to the Website.

6.2. We may revise these Terms of Use at any time and in the event of such a revision, you may be asked to read and accept the revised Terms of Use at the time you start the App or log in to the Website. From time to time updates to the App may be issued. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.

6.3. No variation to these Terms of Use may be made save by a variation notified by us as described above, or else in writing signed by you and us.

7. Registering with Motivii

7.1. You may register with Motivii directly on Motivii’s site; or you may be invited by a Manager or your Organization (if your Organization has entered into a separate Enterprise Agreement (or similar) with Motivii). If you are a registering via an invite, please note that we only share limited information with your Manager and your Organization (if relevant) as set out in our Privacy and Data Policy.

7.2. To register with Motivii as a User you must complete all of the required forms set out in the registration process accessed via the Website. It is not possible to register using the App.

7.3. Registering with us gives the User access to the Service as an Individual. Individuals who are Employees may invite any of their Direct Reports to join Motivii. In doing so, that Employee will gain Manager role access in relation to their Direct Reports. When acting as a Manager, and if you input the email addresses and other details of your Direct Reports, you confirm to us:

7.3.1. that you are permitted by your Organization to access Motivii and to set up a Manager account with us; and

7.3.2. that you have the necessary consent from your Direct Reports or other lawful basis to provide us with their details. If you are unsure whether you are able to give those details to us, please consult with their relevant people in your Organization (e.g. your HR department) to confirm, before doing so.

7.4. If your Organization grants you access to the Enterprise People Analytics or Enterprise Admin roles, you will may be granted access to the additional functionality as described in this document.

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.

7.6. Your registration with Motivii will be on-going unless terminated in accordance with these Terms of Use.

7.7. Only one account is permitted per User at any one time. Fake profiles are not permitted.

7.8. We reserve the right to inactivate any User accounts which have not been used for six months or more.

8. Your account and password

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.

8.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.

8.3. Your account is for your own use only. You may not authorize 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 service@motivii.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. The Services

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. Notwithstanding the descriptions of the roles in clause 3.6 above, 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.

9.4. Motivii is intended for use worldwide. Wherever you access and use Motivii from, you agree that you will only use Motivii in a manner consistent with these Terms of Use and any and all applicable local, national and international laws and regulations. To the extent that your use of Motivii is not legal in your jurisdiction, you may not use Motivii.

10. Responsibility for Submitted Content

10.1. All information, text or other materials that you submit to Motivii from time to time, including without limitation Motivii Updates, comments, answers, motivation levels, notes, highlights, feedback, challenges, key priorities, objectives, User profile information (together, Submitted Content) is solely your responsibility. We will deal with Submitted Content in accordance with our Privacy and Data Policy and our Data Processing Addendum, however we may not monitor or control Submitted Content (or any such content submitted by other Users) and we cannot take responsibility for it.

10.2. Whenever you submit Submitted Content to Motivii, you acknowledge that you do so entirely at your own risk and in the knowledge of the ways in which Submitted Content may be shared by us as set out in the Privacy and Data Policy and our Data Processing Addendum. You agree that you will comply with these Terms of Use, in particular the content standards set out at clause 14 below.

10.3. In answering text-based Questions, you should not include specific information that may be used to identify you unless you are happy to be identified. 10.4. We reserve the right to monitor Submitted Content in our sole discretion and to remove any such Submitted Content if, in our sole opinion, it does not comply with these Terms of Use or any applicable law or upon the reasonable request of any third party.

10.5. 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. Intellectual property rights

11.1. Whilst you will retain ownership of the copyright and all other intellectual property rights whatsoever (and wherever existing in the world, together IP Rights) subsisting in the Submitted Content, you hereby grant us a license to use Submitted Content in the provision of the Services to you and otherwise in accordance with these Terms of Use. You also agree that Submitted Content may become part of a database and that we will own the rights in that database.

11.2. Except for Submitted Content, we are the owner or the licensee of all IP Rights in Motivii (including the App) and in the material published on it. All such rights are reserved and you have no rights in, or to, Motivii (including the App) other than the right to use it in accordance with these Terms of Use. You acknowledge that you have no right to access to the App in source-code form.

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. Limitation of our liability - THE USER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

12.1. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

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

12.3.2. subject to these Terms of Use, we will not be liable for any loss or damage whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with the following:

12.3.2.1. loss of profits, sales, business or revenue;

12.3.2.2. loss of agreements or contracts;

12.3.2.3. business interruption;

12.3.2.4. loss of anticipated savings;

12.3.2.5. loss of business opportunity, goodwill or reputation;

12.3.2.6. loss of use or corruption of software, data or information;

12.3.2.7. cost of procurement of substitute goods, services or technology; or

12.3.2.8. 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.

12.3.4. Subject to clauses 12.1 to 12.3.3, our total liability to any User or Employer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms of Use including the receipt of the Service shall, in any given 12 month period, be limited to the charges paid (whether by the User or an Organization on the User’s behalf) for the Service received by the User in question (or, in the case of the Organization, all Users for which the Employer pays), in each case in the 12 month period prior to the date on which the claim arose.

13. Prohibited uses of Motivii

13.1. You may use Motivii only for lawful purposes. You may not use Motivii:

13.1.1. in any way that breaches any applicable local, national or international law or regulation;

13.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

13.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below;

13.1.4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

13.1.5. 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:

13.2.1. not to reproduce, duplicate, copy or re-sell any part of Motivii in contravention of these Terms of Use;

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. Content standards

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. Ending your registration

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. We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of Motivii. When such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:

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;

15.2.4. 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. Viruses

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. Linking to Motivii

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.

17.2. You 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 support@motivii.com or contact us via our contact page.

18. Third party links and resources in Motivii

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.

19. Applicable law

19.1. These Terms of Use, their subject matter and their formation, are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales

20. Trade marks

20.1. “Motivii” is a registered trade mark of Motivii Ltd.

21. Contact us and complaints

21.1. To contact us, please email us at hello@motivii.com . If you have any comments or complaints regarding our services, please email support@motivii.com. 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 support@motivii.com.

Thank you for using Motivii.