Terms of Service

(“Motion”, “we”, “us”, or “our”).

By purchasing, downloading, installing, accessing, or using any part of the Services, you agree to these Terms and to our Privacy Policy, which forms part of this agreement. If you do not agree, do not use the Services.

How these Terms apply where you are. These Terms apply to everyone, but some parts differ by region. Section 9.1 (right of withdrawal) and Section 18.2 give additional rights and set the governing law and forum for consumers in the EU/EEA. Sections 11.5, 12.4, and 18.3 set out warranty, liability, and dispute terms — including binding arbitration and a class-action waiver — that apply to customers in the United States. Where a mandatory law of your country or state gives you stronger rights, that law prevails.

1. Who may use the Services

1.1 Contracting age. You must be at least 18 years old to buy a Device, create an account, or otherwise enter into these Terms on your own behalf.

1.2 Minors. If you are between 13 and 17 years old (or the applicable age of digital consent in your country), you may use the Services only with the explicit consent of a parent or legal guardian, who agrees to these Terms on your behalf and accepts responsibility for your use. We do not intend the Services for children under 13.

1.3 Capacity. You confirm that you can lawfully enter into this agreement, that you are not barred from using the Services under any applicable law, and that the information you give us is accurate.

1.4 Where the Services are available. We offer the Services in the countries shown at checkout. We may add or restrict countries. You are responsible for complying with local law where you use the Services.

2. What the Services do

2.1 Overview. Motion Key is a digital-wellbeing product that helps you spend less time on distracting apps. It combines a physical NFC Device with the App. You tap your phone on the Device to switch your phone into a “focus” state that blocks the apps you have chosen; you tap again (or tap another authorised Device) to restore access.

2.2 How blocking works. The App relies on the operating system’s own controls to restrict apps — on iOS through Apple’s Screen Time / Family Controls framework, and on Android through the equivalent Android controls. Because of this, the range of apps that can be blocked, and the exact behaviour of blocking, is determined in part by Apple and Google and may change when they update their operating systems. We do not control those frameworks.

2.3 Alarm / wake-up features. The App may include alarm and wake-up features. These are convenience features. Do not rely on the App or Device as your sole means of waking for anything safety-critical. Alarms depend on your phone’s power, volume, notification settings, and operating system, all of which are outside our control.

2.4 Emergency access. The App restricts only the apps you choose to block. Emergency calling is handled by your device’s operating system and is not something the App controls. For urgent situations when you cannot reach a Device, the App gives you a limited number of emergency unlocks: you receive five (5), and one is replenished every 30 days. You remain responsible for making sure you can reach anything you need in an emergency, and you should not rely on the App or the Device as a safeguard. We are not responsible for the consequences of apps you have chosen to block, except as required by law.

2.5 Motion+ subscription. Some features are offered through an optional paid subscription (“Motion+”). The features included, the price, and the billing period are shown before you subscribe. See Section 7.

2.6 Changes to the Services. We may add, change, or remove features. If a change materially reduces the core functionality you have paid for, we will give you reasonable notice where practicable, and your statutory rights are unaffected.

3. Your account

3.1 Account required. You need a Motion Key account (created in the App) to pair a Device and use core features. Give accurate information and keep it current.

3.2 Security. Keep your login details confidential. You are responsible for activity under your account, except to the extent it results from our failure to keep the Services secure. Tell us promptly at support@motionkeyapp.com if you believe your account has been accessed without your permission.

3.3 Suspension. We may suspend or limit an account where we reasonably believe it is being used in breach of these Terms or unlawfully, or to protect the security of the Services. We will tell you why where we lawfully can.

3.4 Closing your account. You may close your account at any time in the App or by emailing support@motionkeyapp.com. Cloud features will stop; your Device may keep working with its last local settings until it is reset or re-paired. We handle your data after closure as described in the Privacy Policy.

4. Your licence to use the App

4.1 Licence. We grant you a personal, non-exclusive, non-transferable, revocable licence to download and use the App on devices you own or control, solely to use the Services as intended. The App is licensed, not sold. We and our licensors keep all rights not expressly granted.

4.2 App-store terms. If you get the App from the Apple App Store or Google Play, you also agree to that store’s terms. As between you and the store, this agreement is with us, not the store; we (not the store) are responsible for the App. Where required by Apple, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you in respect of your use of the App on Apple devices; the same applies to Google where its terms so require. The store is not responsible for the App, for any claims relating to it, or for support or warranty.

4.3 Updates. We may release updates and, where your settings allow, install them automatically. Some updates are needed for the App and Device to keep working, and — where the law requires — we will provide the updates, including security updates, needed to keep the App in conformity for a reasonable period. Turning off automatic updates may impair functionality or security.

4.4 Restrictions. Except where the law says otherwise, you must not: copy the App (beyond normal use); rent, sell, sublicense, or distribute it; reverse engineer, decompile, or disassemble it, or try to extract its source code or security keys; remove proprietary notices; or interfere with or circumvent its security or the operating-system controls it relies on.

5. Acceptable use

You agree not to:

• use the Services unlawfully or to break any applicable law or regulation;
• tamper with, hack, reverse engineer, or attempt to defeat the Device’s or App’s security (including its cryptographic authentication);
• clone, spoof, or forge a Device or its NFC credentials, or pair unauthorised hardware;
• overload, disrupt, or attempt to gain unauthorised access to our systems or servers;
• use automated means to access the Services beyond ordinary personal use;
• resell, commercially exploit, or sublicense the Services without our written permission; or
• use the Services to infringe anyone’s rights or to harm others.

We may investigate suspected breaches and take proportionate action, including suspension or termination.

6. Ordering and how the contract is formed

6.1 Product information. We describe the Device and its features as accurately as we can. Product images and colours are illustrative and may differ slightly from the item you receive.

6.2 Placing an order. The display of products on the Site is an invitation for you to place an order, not a binding offer by us. You place an order by completing checkout on our store. Before you confirm, you can review your basket and correct input errors.

6.3 When the contract is formed. Your order is an offer to buy. A binding contract is formed only when we send you an order or dispatch confirmation by email. If we cannot accept your order — for example because an item is unavailable, there is an obvious pricing error, or we cannot supply your location — we will tell you and will not charge you, or will refund any payment already taken.

6.4 Order confirmation. We will send an order confirmation to your email address, which serves as your record of the contract. Please keep it, as we do not separately store the version of these Terms that applied to your order for you to retrieve later.

6.5 Obvious errors. If a price or description is obviously wrong and you could reasonably have recognised it as an error, we are not obliged to supply the product at the incorrect price.

7. Prices, payment, and Motion+ subscriptions

7.1 Prices. Prices for the Device and for Motion+ are shown before you order, in the currency shown at checkout. For EU/EEA consumers, prices include applicable VAT unless stated. For US customers, prices are shown excluding sales/use tax, which is added at checkout where we are required to collect it. Delivery costs are shown separately. Prices may change, but a change will not affect an order already confirmed or a subscription term already paid for.

7.2 Payment. Our online store runs on Shopify. Payment for Device purchases is handled by our third-party payment service provider. You confirm you are authorised to use the payment method. If a payment fails, we may suspend the relevant Service or cancel the order after giving you a chance to fix it.

7.3 Device purchase. The Device is a one-time purchase. Ownership passes to you on full payment and delivery.

7.4 Motion+ subscription.

• Motion+ is offered on a monthly or annual basis and is sold only as an in-app purchase through the Apple App Store and Google Play. It is not sold through our website.
• Your subscription is billed by Apple or Google, renews automatically at the end of each period at the then-current price, and continues until you cancel.
• You can cancel at any time in your Apple App Store or Google Play account settings; cancellation takes effect at the end of the current paid period, and you keep access until then.
• Because Apple and Google process these purchases, their billing, renewal, refund, and cancellation rules apply in addition to these Terms, and their terms govern the payment itself. (US customers: some states, such as California, give additional rights to cancel auto-renewing subscriptions; where the store handles billing, you exercise these through the store.)
• We will give you advance notice of any price change as required by the applicable store and by law.

8. Delivery and risk

8.1 Where and how we deliver. We deliver to the countries shown at checkout, using the carrier(s) we offer there.

8.2 Costs and timing. Delivery costs and the estimated delivery time are shown before you order. We aim to dispatch within 2 business days of accepting your order.

8.3 Late delivery. If we do not deliver within the agreed time (or, if no time was agreed, within 30 days of the contract), you may ask us to deliver within an additional reasonable period. If we still fail to deliver, you may cancel the order and we will refund you in full.

8.4 Risk and ownership. For consumers, the risk of loss of or damage to the Device passes to you when you (or a person you nominate, other than the carrier) take physical possession of it. Ownership passes to you once we have received full payment.

8.5 Delivery details. Please give a correct and complete delivery address. We are not responsible for delays or failed deliveries caused by an incorrect address you provided. For international shipments, you may be responsible for import duties or taxes charged by the destination country.

9. Right of withdrawal, returns, and faulty Devices

9.1 EU/EEA and UK right of withdrawal (14 days). If you are a consumer in the EU/EEA or the UK, you may withdraw from your purchase within 14 days without giving a reason:

• Device: the period runs from the day you (or someone you nominate) receive the Device. To withdraw, send a clear statement to support@motionkeyapp.com (subject line “Withdrawal”) before the 14 days end. You may also use our model withdrawal form, which is available on our website and on request. Return the Device within 14 days of telling us. We refund all payments received, including standard delivery, within 14 days of being notified (we may wait until we receive the Device back or you show proof you have sent it). You bear the direct cost of return unless we say otherwise, and you are liable only for any reduction in the Device’s value from handling beyond what is needed to check it.
• Motion+ (digital service): if you ask us to start the service during the 14-day period, you acknowledge that once it is fully performed you lose the right of withdrawal; if it is only partly performed when you withdraw, you pay for the part provided.
• US customers: there is generally no statutory “cooling-off” right for online purchases in the United States, but our voluntary return policy in Section 9.2 applies to you.

9.2 Voluntary return policy (all customers). In addition to any statutory right, we offer a 30-day satisfaction guarantee on the Device: return it in reusable condition within 30 days of delivery for a refund of the purchase price. Contact support@motionkeyapp.com for a return authorisation first. You bear the cost of return shipping for a voluntary return; we cover it for faulty Devices.

9.3 Faulty Devices. Your statutory rights in the event of a fault (see Section 11) are unaffected by the return policy. We cover the cost of returning a faulty Device.

10. Intellectual property

10.1 Our rights. The Device design, the App, our software, text, graphics, and the overall look and feel — together with our names and logos, including the “Motion Key” trademark — are owned by us or our licensors and are protected by intellectual-property laws. You may not use any of them without our written permission. You receive only the limited licence in these Terms, and we reserve all rights not expressly granted.

10.2 Your feedback. If you send us feedback, ideas, or suggestions, you allow us to use them without restriction or payment, to improve the Services. We may already be developing similar ideas.

11. Guarantees and disclaimers

11.1 Legal guarantee (EU/EEA consumers). As a consumer, you are entitled by law to goods and digital content/services that conform to the contract. In the EU, this includes a legal guarantee of conformity of at least two (2) years for the Device from delivery, and corresponding rights for digital content and services. Nothing in these Terms limits or excludes those statutory rights. If the Device or App does not conform, you may be entitled to repair, replacement, a price reduction, or a refund, as provided by law.

11.2 Two-year guarantee. We guarantee the Device against manufacturing defects and hardware failure for two (2) years from delivery: if it stops working properly due to a manufacturing defect or hardware failure during normal use within that period, we will repair or replace it free of charge. This guarantee does not cover damage caused by misuse, accident, unauthorised modification, or normal wear and tear. To make a claim, contact support@motionkeyapp.com with your order details; we may ask you to return the affected Device using a prepaid label we provide. For EU/EEA consumers, this is in addition to — and does not limit — your statutory rights in Section 11.1.

11.3 Other disclaimers. Subject to Sections 11.1 and 11.2 and to your statutory rights, and to the maximum extent permitted by law, the Services are provided “as is” and we do not warrant that they will be uninterrupted, error-free, secure, or compatible with every device or OS version. We are not responsible for how Apple, Google, or your carrier operate the systems the Services depend on.

11.4 Not professional advice. The Services support digital wellbeing and are not medical, psychological, or other professional advice.

11.5 United States — warranty disclaimer. If you are in the United States, then to the maximum extent permitted by applicable law, the Services are provided “as is” and “as available”, and we disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Some US states do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you, and you may have other rights that vary by state. This does not affect the two-year guarantee in Section 11.2.

12. Liability

12.1 What we do not exclude. Nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; a breach of your mandatory statutory consumer rights; our obligations under the two-year guarantee in Section 11.2; or any liability that cannot be excluded by law.

12.2 Our liability to consumers. Subject to Section 12.1, we are liable for foreseeable loss caused by our breach of these Terms or our failure to use reasonable care. We are not liable for loss that was not foreseeable at the time you entered into this agreement, or for loss not caused by our breach.

12.3 Things outside our control. Subject to Section 12.1, and without affecting your statutory rights, we are not responsible for loss arising from: apps being blocked or unblocked in line with your settings (including missed notifications while in a focus state); an alarm not sounding; changes Apple, Google, your device manufacturer, or a third-party app make to their software; loss of internet or NFC connectivity; or shipping delays by carriers.

12.4 United States — limitation of liability. If you are in the United States, then to the maximum extent permitted by applicable law and except for the matters in Section 12.1: (a) neither we nor our suppliers or licensors will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill; and (b) our total liability arising out of or relating to the Services will not exceed the greater of (i) the total amount you paid us in the 12 months before the event giving rise to the liability, or (ii) USD 100. Some US states do not allow certain limitations, so some of the above may not apply to you.

13. Indemnity (non-consumers only)

This Section does not apply to consumers. If you use the Services as a business, you agree to indemnify us against third-party claims and reasonable costs arising from your breach of these Terms or your unlawful use of the Services, except to the extent caused by our own breach or negligence.

14. Term and termination

14.1 We may suspend or end your access if you materially breach these Terms, or as required by law, giving notice where we lawfully can.

14.2 You may stop using the Services at any time (Section 3.4).

14.3 On termination, your licence ends and cloud features stop. Sections that by their nature should survive (ownership, feedback licence, disclaimers within legal limits, liability, governing law and disputes) survive. Termination does not affect your statutory rights or any refund you are due.

15. Third-party services

The Services work with third parties (app stores, payment providers, Apple/Google operating-system controls). Your use of those is governed by their terms, and we are not responsible for them.

16. Events outside our control (force majeure)

We are not responsible for any failure or delay in performing our obligations that is caused by events beyond our reasonable control — for example natural disasters, fire, flood, war, terrorism, civil unrest, epidemics, strikes, or the failure of telecommunications networks, utilities, or a supplier. If such an event occurs, we will let you know, and our affected obligations are suspended for as long as it continues. If it lasts a long time, either of us may cancel the affected order, and we will refund you for anything paid but not delivered. This does not affect your statutory rights.

17. Changes to these Terms

We may update these Terms. For material changes, we will give reasonable advance notice by email or in the App. Changes do not apply retroactively to a completed purchase, and continued use after the effective date means you accept the updated Terms. If you do not accept a change, you may stop using the Services and close your account.

18. Governing law and disputes

18.1 How this Section works. Which law and forum apply depends on where you are, as set out below. Nothing in this Section removes mandatory rights you have as a consumer in your country or state of residence.

18.2 EU/EEA consumers.

• Governing law. These Terms are governed by the laws of Belgium. As a consumer, you also keep the protection of any mandatory laws of your country of residence.
• Courts. Disputes may be brought before the competent Belgian courts. As a consumer, you may also bring proceedings in the courts of your country of residence, and we will bring any claim against you there.
• Out-of-court resolution. Please contact us first at support@motionkeyapp.com. EU consumers may also use the Belgian Consumer Mediation Service (Consumentenombudsdienst) at consumentenombudsdienst.be.

18.3 United States customers. The following applies if you are a resident of, or your purchase is made in, the United States.

• Governing law. These Terms and any dispute are governed by the laws of the State of Delaware and applicable US federal law, without regard to conflict-of-laws rules.
• Informal resolution first. Before starting arbitration, you agree to email us at support@motionkeyapp.com with a description of your claim and to give us 60 days to try to resolve it informally.
• Binding arbitration. If we cannot resolve a dispute informally, it will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, and judgment on the award may be entered in any court with jurisdiction. The arbitration will take place in your home US state or by videoconference, at your option.
• Arbitration fees. Arbitration fees are governed by the AAA Consumer Arbitration Rules, which limit the fees you must pay; we will pay the remaining arbitration fees those rules require us to pay.
• Class-action and jury-trial waiver. You and we agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. You and we waive any right to a jury trial.
• 30-day opt-out. You may opt out of this arbitration agreement by emailing support@motionkeyapp.com within 30 days of first agreeing to these Terms, stating your name, contact details, and that you opt out of arbitration. Opting out does not affect the rest of these Terms.
• Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect intellectual-property rights or prevent misuse of the Services.
• Severability. If the class-action and jury-trial waiver above is found unenforceable as to a particular claim, that claim will proceed in court, but the remainder of these Terms stays in effect.

19. General provisions

19.1 Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the Services.

19.2 Severability. If any provision is unenforceable, the rest stays in force, and the unenforceable part is limited to the minimum extent necessary.

19.3 No waiver. Not enforcing a right is not a waiver of it.

19.4 Assignment. You may not transfer your rights or obligations without our consent. We may transfer ours where your rights are not reduced.

19.5 Language. These Terms are provided in English. If you sell to Belgian or Dutch-speaking consumers, consider also providing a Dutch version, as Belgian consumer law may require terms in the consumer’s own language for certain sales; state which version prevails.

19.6 Contact. Questions? Email support@motionkeyapp.com or write to Marleen Van Tieghem, Sparrenstraat 33, 8310 Bruges, Belgium.