Motionly Terms of Use

These Terms of Use ("Terms") are a license agreement between you and Kydnos Labs LLC ("Kydnos Labs", "we", "us", or "our"), a New Mexico limited liability company, and govern your use of the Motionly application for iOS ("Motionly" or the "App"). By downloading or using Motionly, you agree to these Terms. If you do not agree, do not use the App. Our Privacy Policy explains how we handle your data, including the face photos used for AI avatars, and is part of these Terms.

1. Acknowledgement

These Terms are concluded between you and Kydnos Labs only, and not with Apple Inc. ("Apple"). Kydnos Labs, not Apple, is solely responsible for the App and its content. These Terms do not provide for usage rules that conflict with the Apple Media Services Terms and Conditions, which also apply to your use of the App.

2. Scope of license

We grant you a limited, non-transferable license to use Motionly on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. You may not copy, modify, distribute, sell, rent, reverse engineer, or attempt to extract the source code of the App, except as permitted by applicable law.

3. Subscriptions, coins, and purchases

Motionly offers auto-renewable subscriptions (weekly and yearly). Payment will be charged to your Apple Account at confirmation of purchase. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period, and your account is charged for renewal within 24 hours before the current period ends. You can manage and cancel subscriptions in your App Store account settings.

An active subscription includes a recurring coin allowance used to generate content, and your first AI profile includes one avatar. Coins accumulate while your subscription is active. Generating content and spending coins require an active subscription. If your subscription ends, your coin balance and trained avatars are retained but locked, and unlock again when you resubscribe.

One-time purchases, such as additional avatar credits and coin packs, are consumed on delivery and cannot be restored through Restore Purchases. Prices are shown in the App before every purchase. Refunds for purchases made through the App Store are handled by Apple under the App Store terms.

4. Your content and AI outputs

To create an avatar you upload photos of your face. You may only upload photos that you own and that show your own face; creating an avatar of another person is not permitted. Before your first upload the App asks for your explicit consent, and our Privacy Policy section on face photos and AI avatars describes exactly how they are handled and deleted. You grant us a limited license to process your uploads solely to provide the service to you.

Content generated by the App is produced by AI. You may use your outputs for personal, lawful purposes. You may not use the App to impersonate any person, to create content depicting another real person without that person's consent, or to create unlawful, exploitative, or sexually explicit content. We may remove content, refuse generation requests, and suspend or terminate access for violations of this section.

5. Maintenance and support

Kydnos Labs is solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services for the App. Support requests can be sent to support@kydnoslabs.com.

6. Warranty

The App is provided on an "as is" and "as available" basis and, to the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our sole responsibility.

7. Product claims

You and we acknowledge that Kydnos Labs, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of AI features.

8. Intellectual property

The App, including its design, software, and content other than your uploads and outputs, is owned by Kydnos Labs or its licensors and is protected by intellectual property laws. You and we acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Kydnos Labs, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

9. Legal compliance

You represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.

10. Third-party terms

You must comply with applicable third-party terms of agreement when using the App, such as your wireless data service agreement.

11. Apple as third-party beneficiary

You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

12. Termination

These Terms are effective until terminated by you or by us. Your rights under these Terms will terminate automatically if you fail to comply with them, including the content rules in section 4. Upon termination you must cease all use of the App. Deleting your account and data is available in the App's settings, as described in the Privacy Policy.

13. Dispute resolution and arbitration

Before filing a claim, you agree to contact us at hello@kydnoslabs.com and give us 30 days to resolve the dispute informally. If we cannot resolve it, any dispute arising out of these Terms or the App will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court. You may opt out of this arbitration agreement by emailing us within 30 days of the date you first accept these Terms.

YOU AND KYDNOS LABS EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. If you are a consumer in a jurisdiction whose law does not permit mandatory arbitration or class action waivers, this section does not deprive you of the protections you are entitled to under that law.

14. Governing law

These Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict of law principles. Any dispute not subject to arbitration will be subject to the exclusive jurisdiction of the state and federal courts located in New Mexico, unless applicable consumer protection law provides otherwise.

15. Changes to these Terms

We may update these Terms from time to time. The date at the top of this page shows the latest revision, and material changes will be communicated in the App. Your continued use of the App after changes take effect means you accept the updated Terms.

16. Contact

Questions, complaints, or claims regarding the App can be directed to:

Kydnos Labs LLC
1209 Mountain Road Pl NE, Ste N
Albuquerque, NM 87110, United States
support@kydnoslabs.com

For anything else, our general contact address is hello@kydnoslabs.com.