Welcome to GOtivation! These Terms of Service are intended to explain our obligations as a service provider and your obligations as a customer. Please read these Terms of Service (the “TOS”) carefully because it is an Agreement between you and Gotivation, LLC. (“GOtivation”) and governs your use of the services provided by Gotivation via the Site, the subdomains under the site and/or Motivated in a Month program. The Site, our services and the Motivated in a Month program are collectively called the “GOtivation Services.”
2. Acceptance of Terms
3. Changes to Terms or Services
We may modify the TOS at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified TOS on the Site or through other communications. It’s important that you review the TOS whenever we modify them because if you continue to use the GOtivation Services after we have posted modified TOS on the Site, you are indicating to us that you agree to be bound by the modified TOS.
GOtivation may change, add new features, or discontinue all or any part of the GOtivation Services. This change may happen at any time and without notice. However, GOtivation will make every effort to communicate these changes to you via email or other mode. It is your obligation to ensure that you have read, understood and agree to the most recent Terms available on the Website.
4. Registration and Account Information
You represent that you are at least 13 years old (or, for non-U.S. users, such older minimum age as may be required by applicable local law) with the legal capacity to form a binding contract and be subject to these TOS under the laws of any applicable jurisdiction, and (b) not barred from using the GOtivation Services under applicable law. If you want to use certain features of the GOtivation Services you’ll have to create an account. You also agree that you will provide true, accurate, current and complete information for your account as prompted by the GOtivation Service’s registration form, with updates, as applicable. If you provide any information that is untrue, inaccurate, not current or incomplete, GOtivation has the right to suspend or terminate your account and refuse to provide you any further access to any of the GOtivation Services. Additionally, GOtivation has the right to refuse service if your business practices would in any way damage the GOtivation brand.
You are responsible for maintaining the confidentiality of the password and account name or ID you register under, and are fully responsible for all activities that occur under your account. GOtivation is not liable for any failure on your part to comply with the foregoing. You agree to immediately notify GOtivation of any unauthorized use of your password or account or any other breach of security.
5. Payment and Fees
GOtivation products & services are available either as a one-time payment (for set programs like Motivated in a Month) or the basis of periodic subscriptions.
One-time payments will be charged once and allow you to complete a program one time.
Subscriptions will automatically start from the day of the payment and will be renewed at the end of each subscription period if agreed. In the event of termination of the subscription, no further charges will be taken. GOtivation reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge. However, any changes made will be notified to the customer prior to the changes taking effect. Customers will not be charged for using any service unless they have opted for a paid subscription plan.
Credit card security: Credit card details are not stored within the Services. Your credit card details are stored within Stripe, a trusted and secure payment gateway used by GOtivation for payment processing. Stripe is PCI compliant.
Subscription fees: The Subscription Fee will be charged monthly or annually, if you are using a paid account depending on the plans you have chosen. GOtivation will continue bill you until this Agreement is terminated. Payment will be deducted from your selected payment choice on the invoice due date. Fees are billed in your country’s currency (unless otherwise stated on the Pricing page of the Website) and are inclusive of taxes, levies or duties imposed by the tax authorities.
Preferential pricing or discounts: You may from time to time be offered preferential pricing or discounts for the Subscription Fees because of your use of the Service. Eligibility for such preferential pricing or discounts is conditional upon your acceptance of responsibility for payment of any Subscription Fees.
Trial Period: If you are offered a trial period, GOtivation will not charge any fee to you. Once the trial period ends, you will have to enter your credit card details to make payment and enjoy the benefits of the paid Services. However, if you choose not to make the fee payment, your service will end.
Upgrading or downgrading: When downgrading your account to a reduced subscription service, your previous Subscription and fee will need to be completed before downgrading (this will happen on the billing cycle date of your plan). When upgrading your account, your billing cycle will commence on the same day. GOtivation will not provide any refund for any amounts paid. Downgrading your account may cause the loss of access, content, data or features of the Service. GOtivation does not accept any liability for such loss.
6. Intellectual Property
Any content you create, have rights to, and deliver via GOtivation belongs to you. We will not share anything you message to GOtivation unless you have given express written permission.
Any content you create and share with GOtivation must be deemed appropriate. This includes photos, images, video, and written responses. Do not share any nudity or explicit material. Doing so may immediately cancel your program and your payment will be not be refunded.
However, using GOtivation products and services does not give you ownership of our intellectual property. Everything GOtivation creates belongs to GOtivation. You are not permitted to copy and distribute our information other than for your own personal use. If you misuse any of our property, we may suspend or terminate your contract and take legal action.
GOtivation’s customer data is confidential information and will only be shared internally for purposes of quality control and training, or externally in response to a subpoena or other government order compelling production
9. Liability & Indemnity
GOtivation holds no liability and shall not be responsible for any damages or loss caused, or alleged to be caused, by the transmission of cardholder data prior to its encryption and receipt by our servers. GOtivation does not hold any liability resulting directly or indirectly from your or End Users’ handling of Cardholder Data. We strongly recommend that you follow the requirements of the PCI DSS when handling Cardholder Data. In no event shall GOtivation be liable for any claim asserted against you by any third party, even if GOtivation has been advised of the possibility of such claim.
You agree that in no event shall GOtivation be liable to you for any other damages or losses, including, without limitation, loss in profits, loss in revenues, or indirect, special, incidental, consequential, or punitive damages.
10. Cancellation and Refund Policy
If for any reason our services do not meet your needs, you can cancel or downgrade GOtivation’s Services at any time.
Cancellation and Refund:
For one-time payment Services
Motivated in a Month – if you substantially participate in (message back daily, complete the activities, etc.) and finish the training course, yet are dissatisfied with the results, you may request a full refund.
Simply email us at email@example.com with the subject “Motivated in a Month Refund”. Share your full name, date you completed the course, and why you were dissatisfied. We’ll refund the full amount on the original credit card you used.
For subscription Services
In case the subscription Services do not meet your needs, you can end the subscription anytime.
For any Monthly Billing plan, you will not be issued a refund.
For any Annual Billing plan, you will receive a 50% refund if cancelled within the first 60 days of your subscription date. After 60 days, no refund will be issued. GOtivation’s current subscription fees may be found at our Site. These fees are subject to change from time to time without notice. In case the fee increases, the amount already paid won’t be affected; however, on renewal, the new fee will be charged to you.
11. Help & Support
Technical problems: In the case of technical problems, please make all reasonable efforts to investigate and diagnose problems before contacting GOtivation. We have also provided help videos within the app to assist you with questions and challenges.
If you still need technical help, please send an email to GOtivationTeam@gotivation.com. GOtivation may need to access your account and data, without notice, to respond to service or technical issues.
Service availability: Although GOtivation intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasion the Services or Site may be unavailable to permit maintenance or based on service outages of our 3rd party providers (for example, Facebook Messenger). If for any reason GOtivation has to interrupt the Services for longer periods than GOtivation would normally expect, GOtivation will use reasonable means to publish in advance details of such activity on the Site. GOtivation is not liable for Service delays or failure if such delay or failure is due to an event or circumstance beyond its control.
12. Governing law and jurisdiction
This Agreement is governed by the laws of State of Illinois.Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules [including the Optional Rules for Emergency Measures of Protection]. The arbitration hearing shall take place in Lisle, Illinois before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
If a good-faith attempt to reach agreement cannot be reached in arbitration, each party unconditionally submits to the jurisdiction of the courts of State of Illinois to resolve the dispute.
13. General Terms and Conditions
Disclaimer: GOtivation is not responsible for any messages you send or receive.
GOtivation is not intended for emergency use. If you are having a medical emergency or thoughts of suicide, immediately call 911.
Do not disregard professional medical advice or delay seeking advice or treatment because of something you have read on our Site or Messenger Service.
Survivability: The parties’ rights and obligations under the terms of Confidentiality, Limitation of Liability, Indemnity, and Governing Law and Dispute Resolution, shall survive any expiration or termination of this Agreement.
Assignment: These Terms are personal to the Parties. You may not assign, transfer or deal with the whole or any part of its rights and/or obligations under these Terms without the prior written consent of GOtivation.
Notices: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to GOtivation must be sent to firstname.lastname@example.org or to any other email address notified by email to you by GOtivation. Notices to You will be sent to the email address you provided when you set up your access to the Service or to an any updated email address you provided thereafter.
Severability and Construction: If any provision of the Agreement shall be held by a court, arbitrator, or other tribunal of competent jurisdiction to be unenforceable, the other portions of the Agreement shall remain in full force and effect. The Agreement shall be interpreted without regard to any presumption or rule requiring construction against the party that caused the Agreement to be drafted. Within these TOS, except where the context clearly otherwise requires, the singular shall include the plural and vice versa, and the words “include”, “includes” and “including” are deemed to be followed by the phrase “but not limited to”, “without limitation” or words of similar import.
Relationship: The Parties will be doing business at their own risk and for their own profit. Nothing in the Agreement shall constitute a joint venture, partnership, or agency relationship between you and GOtivation or authorize either party to make any representation on behalf of or in any way to bind the other party to any obligation of any kind, express or implied, to any third party, or to incur any liability on behalf of the other party.
Compliance with Laws: You shall, at your expense, comply with all laws, ordinances, rules, regulations and other requirements, including HIPAA and laws relating to the privacy of you and your invited ’Clients’ or ‘Users’.
Force Majeure: Neither party shall be liable hereunder by reason of delay in performance caused by force majeure, that is, circumstances beyond the reasonable control of a party, including, without limitation, acts of God, fire, flood, war, terrorist attack, armed conflict, embargo, civil unrest, labor unrest, power outage, Internet virus, denial of service attacks, or shortage of or inability to obtain materials and equipment. If something out of our control happens (i.e., flood, terrorist attack, etc.), neither GOtivation nor you will be held accountable for the damage caused.
No Informal Waivers: The failure of either party to exercise any right or enforce any provision of the Agreement, at any time or for any period of time, shall not be construed to be a waiver of that right or provision, or of the right of such party thereafter to enforce that right or provision.
No Third Party Beneficiary: The benefits and protections provided by the Agreement shall inure solely to the benefit of the Parties. The Agreement shall not be deemed to create any right in any Person or entity who is not a party to the Agreement and shall not be construed in any respect to be a contract, in whole or in part, for the benefit of any third party unless specified in these TOS.
Entire Agreement: Parties agree that the Agreement constitutes the entire agreement between Customer and GOtivation relating to the Services and supersedes all previous representations, understandings, and agreements, whether oral or written, or whether established by custom, practice, policy, or precedent, between the parties with respect to the subject matter of the Agreement. The Agreement shall not be modified except by the Parties’ written agreement, or by a change to the Agreement made as authorized in the Agreement.
Uploading Content & Copyright Complaints: You are only permitted to upload and share content that you either:
– Have copyright ownership rights to
– Have received permission from the original owner to distribute
If you believe your copyright-protected work was distributed without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
GOtivation will respond quickly to claims of copyright infringement committed using the Messenger Service and Site if such claims are reported in the format (sample) notice below.
1. Identify the copyrighted content that you claim has been infringed
2. Identify the content or link you claim is infringing and what access you desire to have disabled. At a minimum, we’ll need the URL of the link shown on the Site and the user that distributed the content.
3..Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to GOtivationTeam@gotivation.co or:
2525 Cabot Drive, Suite 201
Lisle, IL 60532
Upon receipt of Notice as described below, GOtivation will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
For more information on the Digital Millennium Copyright Act of 1998, head to the U.S. Copyright Office website at email@example.com
Questions: All questions and requests for customer service or technical support should be directed to the GOtivation Customer Service Team