TERMS OF USE
Effective Date: 8/26/25
Project Forty Two, Inc., d/b/a Motom and Anchor by Motom (”Motom,” “Anchor,” “we,” “us,” or “our”)
By visiting or using Motom.me, the Anchor Creator Portal, the Anchor Admin Portal, any brand storefronts we host (including white‑label/client domain or subdomain implementations), mobile apps, communications, or related services (collectively, the “Services” or the “Site”), you agree to these Terms of Use (”Terms”) and our Privacy Policy (the “Privacy Policy”). If you do not agree, do not access or use the Services.
Definitions
“Client” shall mean a brand/advertiser using Anchor or commissioning creator work via the Services.
“Creator” shall mean a user participating in campaigns or storefronts.
“Visitor” or “Shopper” shall mean any non‑registered or registered user browsing content or storefronts.
“Storefront” shall mean any Anchor‑powered destination (including client subdomains) displaying products or content.
“Campaign” shall mean a client program or opportunity with specific terms or guidelines.
“Client Terms” shall mean any client‑provided terms, rules, or privacy policy presented at onboarding to a campaign.
“Community Guidelines” shall mean Motom’s content standards and any applicable brand/community rules from a Client.
“Affiliate Network” shall mean affiliate/attribution platforms (e.g., Impact, Rakuten, CJ, Amazon Associates) and similar.
“Eligible Balance” shall represent funds shown as eligible for payout in a creator’s dashboard.
“Inactive Account” shall mean an account with no login for six (6) months.
“Merchant” shall mean a third-party retailer, brand, or ecommerce site, which may be separate from a Client, where purchases occur and whose terms govern those purchases.
“GTM” shall mean Google Tag Manager, including the tags/pixels/scripts deployed inside a Client’s GTM container on a Client domain or subdomain.
“Tracking Technologies” shall mean links, parameters, pixels, cookies, SDKs, and similar technologies.
Scope, Structure and Roles
These Terms apply globally to four user types: Visitors/Shoppers, Creators, Clients/Brands, and white‑label end‑users. Where relevant, we call out Creator‑specific and Client‑specific obligations.
If you are a Client with an executed Order Form and/or Master Services Agreement (MSA) with Motom, the Order Form and MSA control to the extent of any conflict with these Terms, unless otherwise specified in those Client agreements. The Terms and Privacy Policy operate at the same level; if there is any inconsistency regarding the collection, use, or processing of personal data, the Privacy Policy governs that topic.
For Clients with an MSA, the governing law and venue provisions in that MSA, if stated, control as between Motom and the Client.
License to Use the Services
Subject to these Terms and, for Clients, the applicable Order Form/MSA and timely payment of any fees stated therein, Motom grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal use (for Visitors/Creators) or your internal business purposes (for Clients). Except for this limited license, all rights in and to the Services (including software, APIs, dashboards, designs, and Motom-owned content) are reserved by Motom. Motom may suspend or terminate access for non-payment or material breach.
Eligibility and Account Registration
We distinguish between registered account holders and visitors/shoppers:
A. Registered Accounts (Creators, Client/Admin Users)
You must be 18 years of age or older to create or use a Motom or Anchor account, participate in campaigns, upload content, message within the platform, or receive payouts.
Accounts may not be created or used by anyone under 18. We may suspend or terminate accounts created in violation of this rule.
B. Visitors / Shoppers on motom.me and Client Storefronts Hosted by Motom.
Our Services are not directed to children under 13. We do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided information to us, please contact us so we can delete it.
Individuals under 18 may browse motom.me and Client storefront pages we host to discover products and follow links to Merchants, but they may not create an account or submit content on our Services.
If you are between 13 and 17, you may browse public pages and follow outbound links to Merchant sites; however, do not register an account and do not submit content to our Services. Any purchases you make occur on third‑party Merchant sites, which are governed by those parties’ terms and privacy policies.
C. Age Verification; Misrepresentation.
· We may request proof of age and may suspend or terminate access where age cannot be verified or was misrepresented.
· We reserve the right to remove content or restrict features to comply with applicable youth‑protection laws.
Additional Acceptance of Client Terms (Creators)
Certain campaigns, storefronts, or opportunities require Client‑specific terms or privacy notices. Creators must explicitly accept any such Client Terms during onboarding to a campaign (e.g., checkbox acceptance). Violation of Client Terms is a violation of these Terms.
White‑Label and Client Subdomains
Anchor storefronts may be client‑branded or hosted on client subdomains, but remain operated by Motom. Our Terms and Privacy Policy apply to those experiences, in addition to any Client Terms and client privacy policies presented to you.
Client Tagging (Client Domains or Subdomains Only)
Clients may place tags via Google Tag Manager only on storefront pages hosted on the Client’s domain or subdomain. Clients are solely responsible for the lawful configuration and use of such tags (including any required consents/disclosures) and will defend, indemnify, and hold harmless Motom from claims, damages, or liabilities arising out of Client’s tags, scripts, or pixels. Motom may disable/remove the entire GTM container (or disable specific tags) with or without prior notice if there is an urgent security, legal, or performance risk; otherwise Motom will make commercially reasonable efforts to notify before removal. This Section supersedes any contrary language in these Terms regarding Client tagging.
Tools, Integrations, and Beta Services
You may not reverse engineer, decompile, circumvent technical protections, or otherwise misuse the Services or tools.
You agree to promptly notify us of suspected security incidents involving your account, your properties, or Client tags and to reasonably cooperate with our investigation and remediation.
Beta Services. From time to time, we may offer prerelease or beta features (”Beta Services”). Beta Services are subject to the Disclaimer of Warranty; Limitation of Liability section and may be modified or discontinued at any time. Access to Beta Services and related materials is Confidential Information.
Community and Content Standards (All Users)
We prohibit unlawful, harmful, infringing, fraudulent, hateful, harassing, sexually explicit, or otherwise objectionable content or conduct. Without limitation, you may not: (i) impersonate others; (ii) disclose others’ personal data; (iii) upload malware; (iv) engage in spam, manipulative traffic generation, false clicks, or bot activity; (v) make unsubstantiated product claims or violate platform advertising rules; (vi) scrape data, harvest emails, or overload our infrastructure; or (vii) violate brand Community Guidelines—including Client‑specific guidelines linked in campaign materials.
See Monitoring and Enforcement and Client Moderation for consequences.
Creator Content — Ownership, Rights, and Releases
By submitting or publishing any content (including images, video, audio, text, graphics, code, captions, links, discount codes, and metadata) to any of the Sites (collectively, “Creator Content”), you represent and warrant that:
· Motom owns the design, layout, and platform content of brand storefronts and Anchor experiences.
FTC/ASA/International Advertising Compliance (Creators and Clients)
Creators must comply with FTC Endorsement Guides and any applicable international disclosure standards (e.g., Canadian Ad Standards) for all sponsored or affiliate content. Clear and conspicuous disclosures (e.g., “#ad” at the beginning of captions; audible and on‑screen disclosure in videos) are required.
Audit and Cure. We may review posts for compliance and require corrections (e.g., a 48‑hour cure period) and may remove creators from programs for non‑compliance.
Clients represent and warrant that any directives to creators are lawful and compliant and agree to indemnify Motom for violations arising from client instructions.
Creator Exclusivity (Anchor Invitations)
For Client-invited Anchor programs, creators must use client-specific affiliate links generated on the Anchor platform or on the Motom platform, if applicable, for any content relating to that client’s products or campaigns, including off-platform posts, unless expressly permitted by the Client as part of the program. You agree not to use competing affiliate-based platforms for the same campaign/Client during the term of that engagement, except where the Client expressly permits otherwise. Payments may be withheld for non-compliance.
Client Moderation, Enforcement and Third‑Party Beneficiaries
Clients may flag, require edits, or request takedown of creator content that violates their brand guidelines or program terms. Motom will notify creators and may remove content and/or issue penalties (including payment holds or removal from programs) at our discretion at any time.
Clients designated in a program are intended third‑party beneficiaries of this section and may enforce it directly through our platform or through direct communication.
Commission Eligibility, Attribution, and Payment Terms
Creators on the Motom and Anchor platforms may be eligible to earn compensation in the form of affiliate commissions, flat fees, campaign-based rewards, content performance bonuses, or discretionary incentives. These payments are offered based on activity within the platform or promotional efforts tied to specific campaigns. Participation does not guarantee compensation of any kind.
Tracking and Attribution
Referral activity is tracked using platform-owned and client-placed technologies, including tracking links, URL parameters, embedded pixels, and cookies. Tracking attribution is automatically captured, but the final determination of referral validity is made by the sponsoring client. Motom does not override or validate attribution disputes and assumes no responsibility for final conversion decisions. In cases where multiple Affiliate Networks or channels are associated with a conversion, clients may apply their own de-duplication logic and may credit the conversion to another party at their discretion.
Creators and clients acknowledge that conversion attribution is subject to the technical and business policies of any Affiliate Network, tracking platform, or marketing channel used in connection with the platform. This includes platforms such as Impact, Rakuten, CJ, Amazon Associates, and others. Neither Motom nor Anchor guarantees credit or commission in the event a third-party platform determines another party or referral source should receive credit.
Tracking Limitations
Tracking performance may be affected by factors outside of Motom’s control, including browser settings, ad blockers, private browsing, cookie expiration, JavaScript execution errors, mobile device restrictions, or conflicts between tracking systems. These limitations may result in a loss of attribution and ineligibility for commission. Clients and creators are responsible for ensuring their use of tracking tools and technologies complies with all applicable platform requirements and third-party rules.
Client Funding and Payment Conditions
All monetary payments to creators are funded by the sponsoring client. No payout is deemed ready to be issued until the client has submitted the required funds and the creator’s Eligible Balance meets a minimum payout threshold of $25 USD. Amounts below the threshold carry forward until exceeded or may be forfeited upon account termination as stated below. Motom acts solely as an intermediary in facilitating these transactions and is not liable for client non-payment or delay. Once eligible, creators may manually initiate a payout request through their account dashboard. Payments are processed through Tipalti and may be subject to processing delays due to international banking, identity verification, or tax compliance requirements. Creators are solely responsible for all taxes, duties, and withholdings arising from payments, except to the extent Motom is required by law to withhold.
Payouts are generally released within 10 business days after Client funds are received, and you have submitted a valid cashout request. Clients often fund 45–120 days after revenue is reported; timing varies by Affiliate Network and Client policy.
Any payment disputes must be raised within 30 days of payment or statement availability; otherwise, they are deemed waived.
If your account is terminated for violation of these Terms, campaign rules, or applicable law, you will not receive further payments, and recovery/clawback may apply.
Estimate Variability and Reversals
Any earnings estimates or displayed commission values are for informational purposes only and are subject to change. Final payment amounts are determined by the client and may differ due to tracking discrepancies, policy enforcement, or campaign-specific eligibility. Clients reserve the right to deny or reverse commissions for any reason, including but not limited to:
• Order cancellations or product returns;
• Duplicate, invalid, or fraudulent transactions;
• Use of unapproved or excluded discount codes;
• Conflict with other tracking data or referral sources;
• Violations of campaign rules or platform terms.
Compliance with Third-Party Terms
Clients and creators are individually responsible for adhering to the terms of any Affiliate Networks, advertisers, or third-party platforms they engage with while using Motom or Anchor. Motom is not responsible for losses resulting from a user’s failure to comply with such third-party terms, including attribution or eligibility rules, ad policies, or technical integration requirements.
Withholding and Clawback
Motom and its clients reserve the right to withhold, deny, or reclaim any payments if a creator is found to be in violation of platform terms, campaign requirements, applicable laws (including FTC or international advertising rules), or third-party network policies. This applies to both pending and disbursed payouts. Motom may, in its sole discretion, recover improperly issued payments by offsetting future earnings or requesting repayment.
Incorrect or Incomplete Payment Information
Creators are responsible for maintaining accurate payment and tax information in their account. If a payment fails due to incorrect, incomplete, or outdated information — including rejected bank transfers, incorrect account details, or required tax forms not submitted — Motom reserves the right to deduct any related administrative fees, banking costs, or reprocessing charges from future payouts. Payments may be delayed until all required information is corrected and verified.
Discretionary Payments
Motom may, at its sole discretion, issue bonus payments or platform-funded incentives. These payments are not guaranteed, may not be disclosed in advance, and do not create any continuing obligation or expectation of future rewards.
Inactivity, Unclaimed Funds and Account Closure
If you do not log in for six (6) months, we may mark your account inactive and terminate it.
Upon termination for inactivity, balances below the Minimum Payout Threshold ($25) may be forfeited. Balances at or above the threshold may be paid if and when client funds are received and the balance remains eligible (subject to chargeback windows and termination‑for‑cause rules).
Where required by law, we will provide 30 days’ notice before terminating inactive accounts. We may also provide courtesy notices at our discretion.
Appeals (Account Actions / Data Decisions)
You may appeal a content removal, account action, or payment hold/denial by email within 30 days of our decision notice. Include your account ID, the decision at issue, and supporting facts. We will review and respond within 30–45 days. During review, holds may remain in effect. Our appeal decision is final.
If we deny a data access/deletion/modification request under the Privacy Policy, you may appeal by emailing admin@motom.me with subject “Data Request Appeal” within 30 days of denial.
Data and Privacy
Our Privacy Policy is incorporated into these Terms. It explains how Motom and Anchor collect, use, share, retain, and protect personal information—including cookies, pixels, SDKs, Affiliate Network technologies, analytics, and session replay—and describes your regional privacy rights and choices. If these Terms and the Privacy Policy conflict regarding personal data, the Privacy Policy controls. INSERT MOTOM LINK FOR MOTOM, ANCHOR FOR ANCHOR>
To operate campaigns, storefronts, and related features, we may provide Clients with creator/shopper analytics and other information as necessary to perform the Services, all as described in the Privacy Policy.
By using the Services, you agree to receive transactional messages. Marketing communications are optional and subject to your choices described in the Privacy Policy.
Certain features rely on third-party providers (for example, Tipalti for payouts), as described in the Privacy Policy.
Third‑Party Services and Links
We are not responsible for third‑party sites, Affiliate Networks or applications (including Client GTM deployments). Your interactions with those services are solely between you and the third party.
We are not a marketplace or the seller of record; all purchases occur with the applicable Merchant, and refunds/returns/disputes are handled directly with that Merchant.
Monitoring and Enforcement
We may monitor the Services to protect users, Clients, and platform integrity; to ensure legal compliance; and to enforce these Terms. We may remove or disable content, suspend or terminate access, and withhold payments at our discretion.
Confidentiality and Publicity
Non‑public tools, dashboards, APIs, GTM configurations, and platform materials are Confidential Information. You must not disclose or misuse them.
We may list Clients and Creators as participants or users of Motom/Anchor in marketing or investor materials, unless a party has provided a written opt‑out or as otherwise indicated in a Client Order Form.
Export Controls and Sanctions
You must comply with applicable export, re‑export, and sanctions laws and may not use the Services in prohibited jurisdictions or for prohibited end‑uses.
Disclaimer of Warranty; Limitation of Liability; Arbitration:
(A) USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S SOLE RISK. NEITHER MOTOM, MOTOM AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, CLIENT COMPANIES, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, THE "MOTOM PARTIES") WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
(B) THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT MOTOM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. USER SPECIFICALLY ACKNOWLEDGES THAT MOTOM SHALL NOT BE LIABLE FOR CREATOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL MOTOM, THE MOTOM PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SITE SOFTWARE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER MOTOM NOR THE MOTOM PARTIES SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE MOTOM PARTIES TO ANY USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (A) THE AMOUNT, IF ANY, PAID BY THE USER IN CONNECTION WITH THE USER'S USE OF THE SITE AND RETAINED BY MOTOM OR (B) ONE HUNDRED DOLLARS ($100).
(F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. In such jurisdictions, MOTOM's liability is limited to the greatest extent permitted by law.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER:
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND MOTOM (INCLUDING, BUT NOT LIMITED, TO THE EXTENT SUCH DISPUTE INVOLVES A THIRD-PARTY) AS TO ANY RELATIONSHIP BETWEEN YOURSELF AND MOTOM, INCLUDING, BY MEANS OF ILLUSTRATION, BUT NOT LIMITATION, DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SITE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND MOTOM HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND MOTOM WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor MOTOM will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST MOTOM INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if MOTOM are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either MOTOM or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this AGREEMENT.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with MOTOM.
Governing Law; Venue (Non-Arbitrable Claims). These Terms are governed by the laws of the State of New York, excluding conflict-of-law rules. For any claim that is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York.
Indemnification
You agree to defend, indemnify, and hold harmless Motom (and its affiliates, officers, directors, employees, and agents) from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your content; (ii) your use of the Services; (iii) your breach of these Terms or applicable law; (iv) your violation of third‑party rights; (v) Client GTM tags or instructions you implement; or (vi) failure to provide legally required advertising disclosures (e.g., FTC Endorsement Guides) or violations of platform ad policies.
DMCA Notice
Motom owns, protects, and enforces copyrights in its own creative material and respects the copyrighted properties of others. Materials may be made available on or via the Site by third parties not within the control of Motom. It is our policy not to permit materials known by us to be infringing to remain on this site. If User is a copyright owner or an agent thereof and believe that any Creator Content, or other content, infringes upon User's copyrights, User may submit a notification pursuant to the Digital Millennium Copyright Act of 1998, as amended (the "DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the Creator Content, or other content, that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact User, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the Creator Content, or other content, in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If the information you are complaining about is located on a third-party site or application, then you should contact that third-party site or application.
User expressly acknowledges that if User fails to comply with all of the requirements of this section, User's DMCA notice may not be valid.
If User believes that User's Content, or other content, that has been removed (or to which access was disabled) is not infringing, or that User has authorization from the actual copyright owner, the copyright owner's agent, or pursuant to law, to submit, post and make use of such Creator Content, or other content, User may send a counter-notice containing the following information to the Agent: (i) User's physical or electronic signature; (ii) identification of the Creator Content, or other content, that has been removed or to which access has been disabled and the location at which the Creator Content, or other content appeared on the Site prior to the point at which such Creator Content, or other content, was removed or disabled; (iii) a statement that User has a good faith belief that the Creator Content, or other content, was removed or disabled as a result of mistake or a misidentification of the Creator Content, or other content; and (iv) User's name, address, telephone number, and, if available, an electronic mail address, a statement that User consents to the jurisdiction of the federal court in New York, New York, and a statement that User will accept service of process from the party that provided notification of the alleged infringement.
If a counter-notice is received by the Agent, the Site may send a copy of such counter-notice to the original complaining party informing such party that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Site's sole discretion.
(C) We suggest that you consult your legal advisor before filing a notice or counter-notice. Please also be aware that there can be penalties for false claims under the DMCA.
Pursuant to the DMCA 17 U.S.C. 512 (c), Motom has designated the Counsel of Project Forty Two, Inc the parent company of Motom, as its agent ("Agent") for notification of claims of copyright infringement with respect to information residing, at the direction of a User, on the Site. The Agent contact information is:
Project Forty Two, Inc c/o LEGAL, 135 Madison Ave., 5th Floor, New York, NY 10016, Email:legal@motom.me
We may provide your notice to the user who posted the content. Counter‑notices should follow 17 U.S.C. Section 512(g)(3). Ensure you also register your agent with the U.S. Copyright Office for safe‑harbor protection.
Changes to the Terms
We may update these Terms by posting a revised version with a new Effective Date. Material changes will be notified via the Services and/or email where feasible. Your continued use constitutes acceptance.
Termination; Survival
We may suspend or terminate access to the Services at any time, with or without notice, including for violations of these Terms or law. Sections intended to survive (including IP, payments, confidentiality, indemnities, limitations, arbitration, and dispute terms) shall survive.
Miscellaneous
We may assign these Terms; you may not assign without our written consent.
For Creators and Visitors, these Terms and the Privacy Policy (plus any campaign-specific Client Terms you accept) constitute the entire agreement with Motom. For Clients with an MSA/Order Form, those Client agreements govern as between Motom and the Client and control in the event of a conflict with these Terms, unless otherwise specified.
If a term is unenforceable, the remainder remains in effect. No waiver is effective unless in writing.
We may notify you via email or through the Services. You may contact us at the addresses below.
Trademarks appearing on the Site are the property of Motom, Motom Clients, or their respective owners.
Force Majeure
Neither party is liable for delay or failure to perform due to events beyond its reasonable control, including acts of God, labor disputes, supplier or internet failures, utility or power failures, governmental actions, war, terrorism, epidemics, or natural disasters.
Mobile App and App Store Terms (Apple)
If you access our Services via our iOS mobile application (the “App”), the following apply in addition to these Terms:
A. General Mobile Terms
B. Apple App Store
To the extent you access or download the App from the Apple App Store, you acknowledge and agree that:
C. Export and Sanctions (Mobile)
Use of the App is also subject to the Export Controls and Sanctions section.
D. Mobile Permissions and Notifications
The iOS App may request permission to access device features (e.g., camera, photos/media, microphone, push notifications, Face/Touch ID, clipboard access for link creation, background refresh). You can change these permissions in your iOS settings. Disabling permissions may limit or disable certain features (e.g., media uploads or notification delivery).
E. App Tracking Transparency (ATT), Device Identifiers and SDKs
On iOS, we will request consent under ATT before accessing device identifiers (e.g., IDFA) for advertising/attribution. You may withdraw consent in iOS settings. Our App may include SDKs for analytics, crash reporting, attribution, deep‑linking, and messaging. We list categories of SDKs and related data practices in our Privacy Policy and Apple App Store privacy disclosures.
Contact Us
Project Forty Two, Inc., d/b/a Motom and Anchor by Motom (”Motom,” “Anchor,” “we,” “us,” or “our”)
Address: 135 Madison Ave, 5th Floor, New York, NY 10016
Contact: legal@motom.me • admin@motom.me