Effective Date: 08/26/2025

 

IMPORTANT NOTICES

PLEASE READ THESE TERMS CAREFULLY. THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MOTTOZ USA LLC.

SECTION 12 – ARBITRATION: Disputes will be resolved through binding arbitration, with limited exceptions. By accepting these Terms, you waive your right to a jury trial and your right to participate in class or representative actions.

YOU MUST BE AT LEAST 18 YEARS OLD to use the Mottoz Services.

1. AGREEMENT AND ACCEPTANCE

1.1 Parties to the Agreement

These Terms constitute a legally binding agreement between you (“User”) and Mottoz USA LLC, a limited liability company organized and existing under the laws of the State of Florida, with its principal place of business at 401 East Las Olas Blvd, Fort Lauderdale, FL 33301, United States, together with its subsidiaries and affiliates (“Mottoz,” “we,” or “us”).

1.2 Acceptance

By accessing, browsing, registering, downloading, installing, or otherwise using the MOTTOZ Platform, including its mobile applications, websites, application programming interfaces (APIs), embedded functionalities in third-party services, or any other associated technological services (collectively, the “Services”), you hereby acknowledge that you have read, understood, and expressly, freely, and voluntarily accepted these Terms of Service, our Privacy Policy, and any other applicable supplemental policies.

Your acceptance of these Terms forms a legally binding agreement between you and Mottoz USA LLC and governs your relationship with us for as long as you use the Platform.

If you do not agree with any provision of these Terms or with the Privacy Policy, you must refrain from accessing or using the Platform. Continued use of the Services following the publication of any updates or amendments to these Terms shall constitute your deemed acceptance of such modifications.

Where local law requires a specific form of acceptance (for example, express consent by clicking a box or checking a field), such acceptance shall be deemed valid when provided through the electronic mechanisms enabled by Mottoz for that purpose.

2. DESCRIPTION OF SERVICES

2.1 B2B2C Marketplace Platform

Mottoz operates as a technological intermediation platform under a Business-to-Business-to-Consumer (B2B2C) model. Through its digital ecosystem, Mottoz facilitates interaction and connection among three primary parties:

• Consumers: Individuals who access the Mottoz application or website to discover, request, and purchase products and/or services offered by Independent Merchants or Independent Contractors.
   

• Independent Merchants: Establishments, local businesses, or micro-entrepreneurs who, through the Platform, make their products and/or services available to Consumers. Each Merchant is solely responsible for the accuracy, quality, availability, pricing, and compliance with the obligations arising from the transactions they generate through Mottoz.
   

• Independent Contractors: Individuals or legal entities who provide delivery, logistics, or complementary services (including, but not limited to, telemedicine, pet services, maintenance, among others). Contractors operate autonomously, without any employment relationship with Mottoz, and are solely responsible for the proper performance of the services they accept through the Platform.
   

Role of Mottoz:
Mottoz is not a direct provider of the products or services offered on the Platform. Its role is limited to:

• Providing the technological infrastructure that enables interaction among Consumers, Independent Merchants, and Independent Contractors.
   

• Offering management tools, logistics solutions, and payment processing functionalities to facilitate transactions.
   

• Implementing security measures, traceability, and support mechanisms to ensure a reliable and efficient user experience.
   

Limitation of Liability:
Mottoz does not assume responsibility for the quality, safety, legality, availability, or fulfillment of the products and services offered by Independent Merchants or Independent Contractors. Each transaction is established directly between the parties involved (Consumer–Merchant or Consumer–Contractor).

 

2.2 Service Verticals

The Mottoz Platform integrates multiple service verticals, each designed to facilitate specific interactions among Consumers, Independent Merchants, and Independent Contractors, without Mottoz acting as the direct provider of such products or services. The currently available verticals include:

• Mottoz Delivery (Local Delivery): Facilitates the purchase and delivery of products from local businesses to Consumers through Independent Contractors who perform deliveries within the same city or geographic area.
   

• Mottoz Health (Telemedicine): Enables Consumers to access medical consultations and health services in a digital format, provided by independent healthcare professionals. Mottoz does not provide medical services nor act as a substitute for healthcare institutions.
   

• Mottoz Academy (Digital Education): Provides a virtual space where independent instructors and professionals may offer online courses, training, or workshops. The content, quality, and academic outcomes are the sole responsibility of each instructor.
   

• Mottoz SeaPro (Marine Logistics): Extends Mottoz’s logistics operations into the maritime domain, facilitating the delivery of products and services to vessels or destinations accessible by water, through independent fleets and operators.
   

• Mottoz Cloud Kitchen (Virtual Kitchens): Provides Merchants and culinary initiatives access to shared and virtual kitchens, optimizing the preparation and distribution of food exclusively for orders placed through the Platform.
   

• Mottoz Rideshare (Transportation): Allows Consumers to request urban transportation services from Independent Contractors acting as drivers. Mottoz does not provide transportation services; it merely facilitates the connection between both parties.
   

• Mottoz Neighborhood (Automated Delivery): Implements technological solutions for last-mile automation and robotics, including smart lockers, autonomous robots, and delivery stations, enhancing efficiency and security in the logistics experience.
   

Disclaimer: Each vertical is subject to applicable local regulations. Mottoz limits its role to providing the technological infrastructure and support mechanisms, without assuming responsibility for the direct provision of services or the outcomes derived from each vertical.

2.3 Deep Links

Each Merchant registered on the Platform receives a unique and personalized URL within the Mottoz ecosystem (for example: https://mottoz.app/store/[business-name]), which enables the Merchant to share direct access to its store or profile within the application.

Scope and Use:
The Deep Link may be used by the Merchant across its own digital channels (including social media, websites, direct messages, QR codes, etc.) to direct Consumers straight to its dedicated space within Mottoz.

• The purpose of this tool is to enhance the Merchant’s visibility and simplify the Consumer’s shopping experience by eliminating unnecessary intermediate steps.
   

Merchant’s Responsibility:
The Merchant shall be solely responsible for all information, products, services, prices, images, promotions, or any other content published on its profile associated with the Deep Link.

• Any misuse of the Deep Link (including, but not limited to, spam, phishing, illegal, defamatory, misleading content, or any use that may harm the Mottoz brand) shall constitute a violation of these Terms of Service and may result in the immediate suspension or termination of the Merchant’s account.
   

Mottoz’s Limitation of Liability:
Mottoz solely provides the technological infrastructure of the Deep Link and makes no guarantee regarding traffic, conversions, or commercial results arising from its use.

• Mottoz shall not be held liable for the accuracy, availability, or legality of the products or services offered by Merchants through their Deep Links.

3. REGISTRATION AND USER ACCOUNT

3.1 Requirements

In order to access and use the functionalities of the Platform, the User must create a personal account (hereinafter, the “Account”), subject to the following requirements:

• Minimum Age: The User represents and warrants that they are at least eighteen (18) years of age, or have reached the age of majority required under the applicable laws of their jurisdiction. MOTTOZ does not authorize the registration or use of the Platform by minors.
   

• Accuracy of Information: The User agrees to provide truthful, complete, accurate, and up-to-date information at the time of registration, and to keep such information current throughout their use of the Platform. MOTTOZ shall not be liable for errors, damages, or losses resulting from false, incomplete, or outdated information provided by the User.
   

• Confidentiality of Credentials: The User is solely responsible for safeguarding, maintaining the confidentiality of, and using their access credentials (username, email address, password, or any other authentication mechanism). The User agrees not to share, transfer, or allow third parties to access their Account.
   

• Responsibility for Unauthorized Use: Any activity carried out through the User’s Account shall be presumed to have been performed by the User, unless the User has promptly notified MOTTOZ of the loss, theft, unauthorized use, or breach of their credentials.
   

• Restriction on Multiple Accounts: Each User may register only one personal Account, unless expressly authorized by MOTTOZ. The creation of multiple accounts for the purpose of obtaining benefits, promotions, or any undue advantage shall be deemed a violation of these Terms and may result in MOTTOZ suspending or terminating the accounts involved.
   

 

3.2 Security

MOTTOZ implements reasonable and appropriate technical, administrative, and organizational measures to protect Users’ personal information and access credentials, in compliance with international information security standards.

In particular:

• Secure Storage: All data collected through the Platform is stored within technological infrastructures provided by Microsoft Azure, which hold international certifications (including, without limitation, ISO/IEC 27001, SOC 1/2/3) and comply with high standards of encryption, both in transit and at rest.
   

• Credential Protection: Passwords and other access credentials are protected through robust hashing and encryption systems, as well as secure key management mechanisms. MOTTOZ recommends that Users employ strong passwords and update them periodically.
   

• Shared Responsibility: Notwithstanding the security measures implemented by MOTTOZ, the User acknowledges and accepts that absolute security on the internet cannot be guaranteed, and therefore remains responsible for:
   

  • Maintaining the confidentiality of their credentials.
     

  • Avoiding the sharing of their password with third parties.
     

  • Promptly notifying MOTTOZ of any unauthorized or suspicious use of their Account.
     

• Limitation of Liability: MOTTOZ shall not be liable for any loss or damage resulting from the improper use of the User’s Account, except where such damages are directly caused by gross negligence, willful misconduct, or a proven failure by MOTTOZ to implement reasonable security measures.

4. RELATIONSHIP WITH THIRD PARTIES

4.1 Independence of the Parties

The User acknowledges and agrees that MOTTOZ acts solely as a technological intermediation platform, whose purpose is to facilitate connections among:

• Consumers or End Users,
   

• Independent Merchants or Providers (including, but not limited to, restaurants, stores, pharmacies, and similar businesses), and
   

• Independent Contractors (delivery drivers or logistics service providers).
   

Accordingly:

• No Employment Relationship: MOTTOZ is not, and shall not be deemed to be, the employer, partner, agent, legal representative, or mandatary of delivery drivers, independent contractors, or merchants operating on the Platform. Any employment, civil, or commercial relationship shall exist exclusively between the Merchant and the delivery driver, or between the Merchant and the Consumer, as applicable.
   

• No Product Preparation: MOTTOZ does not produce, prepare, handle, or manufacture food, beverages, or any other products offered on the Platform. Sole responsibility for the quality, safety, legality, suitability, labeling, and sanitary conditions of the products rests exclusively with the Merchant or Provider offering them.
   

• No Direct Provision of Goods or Services: MOTTOZ is not the seller or owner of the goods offered on the Platform, nor does it directly provide the services contracted through it. MOTTOZ’s role is limited to providing the technological environment that enables interaction and transactions among Users, Merchants, and Contractors.
   

• Limitation of Liability: MOTTOZ shall not be liable for non-performance, damages, defects, or hidden vices arising from products or services provided by third parties, except in those cases where applicable law expressly provides otherwise.
   

 

4.2 Responsibilities of Merchants

Merchants or Providers offering their products or services through the Platform acknowledge and agree that they are solely responsible, vis-à-vis Users, competent authorities, and MOTTOZ, for the legality, quality, safety, and conditions of the goods and services they market. In particular, Merchants assume the following obligations:

• Quality and Safety of Products:
   

  • Ensure that all food, beverages, medicines, consumer goods, and other products marketed through the Platform comply with the highest standards of quality, health, and safety, in accordance with applicable regulations.
     

  • Guarantee that products are kept under optimal conditions of preservation, packaging, and transportation, thereby avoiding risks to consumer health or safety.
     

• Compliance with Local, State, and Federal Regulations:
   

  • Obtain and maintain in force all licenses, permits, health registrations, and administrative authorizations necessary to carry out their business activity.
     

  • Strictly comply with applicable laws relating to consumer protection, labeling, advertising, health and safety, e-commerce, and any other regulations in force in the jurisdiction in which the Merchant operates.
     

• Accuracy and Truthfulness of Information Published:
   

  • Provide accurate, current, and verifiable information regarding the products or services offered on the Platform, including descriptions, prices, ingredients, characteristics, restrictions, and applicable policies.
     

  • Refrain from publishing misleading, incomplete, or deceptive information that could mislead Users.
     

• Responsibility for Claims:
   

  • Promptly attend to, manage, and resolve any claim, complaint, or dispute submitted by Users arising from the purchase, consumption, or use of their products or services.
     

  • Indemnify and hold MOTTOZ harmless from any claim, sanction, fine, damage, or loss resulting from a breach of their legal or contractual obligations.

5. PAYMENT TERMS

5.1 Prices

• Price Determination:
  The prices of products and services offered through the Platform are established independently and exclusively by the Merchants or Providers, who publish them under their sole responsibility. MOTTOZ does not set, control, or modify such prices, except where permitted by applicable law or in cases of promotions, discounts, or marketing campaigns previously agreed upon with the Merchant.
   

• Geographic Variations:
  Prices may vary depending on geographic location, time of day, product or service availability, market demand, or the application of additional charges related to delivery logistics.
   

• Applicable Taxes and Fees:
  All prices displayed on the Platform include sales taxes, municipal charges, regulatory fees, or other applicable levies, unless expressly stated otherwise. In such cases, these charges shall be clearly itemized before the User confirms the order.
   

• Service and Delivery Fees:
  In addition to the product price, service fees, platform charges, payment processing costs, delivery fees, suggested tips, or any other additional charges may apply, all of which shall be disclosed to the User prior to order confirmation.
   

• Currency of Payment:
  Payments shall be made in the local currency of the applicable jurisdiction, unless otherwise provided or where the use of foreign currency (e.g., USD for certain international transactions) is permitted under applicable regulation.
   

 

5.2 Payment Processing

• Authorized Payment Gateways:
  All payments made through the Platform are processed via third-party payment service providers (“Payment Gateways”), such as Stripe, Azure Payment Gateway, or other authorized providers, all of which comply with international PCI DSS (Payment Card Industry Data Security Standard) requirements.
   

• Accepted Payment Methods:
  The Platform accepts credit and debit cards, digital wallets, electronic transfers, or other methods enabled from time to time. Availability of payment methods may vary depending on the jurisdiction or existing commercial partnerships.
   

• Payment Intermediation:
  The User acknowledges and agrees that MOTTOZ does not store full card information or banking credentials and acts solely as a technological intermediary in the collection and settlement process. Processing, authorization, and settlement of payments are the sole responsibility of the Payment Gateway.
   

• Authorization of Charge:
  By confirming an order, the User expressly and irrevocably authorizes the charge of the total amount to their registered payment method, including product prices, applicable taxes, service fees, delivery charges, and any other charges disclosed prior to confirmation.
   

• Final Transactions:
  Transactions are deemed firm and final once approved by the Payment Gateway. Notwithstanding, the User may request clarifications, refunds, or disputes under the circumstances set forth in these Terms and in the applicable Refund Policy.
   

• Third-Party Risks:
  MOTTOZ shall not be liable for failures, technical errors, unavailability, fraud, or incidents arising from the use of third-party payment services, except where otherwise required by applicable law.

5.3 Refunds

• General Rule:
  All transactions carried out through the Platform are, in principle, final and non-refundable, except in the circumstances expressly set forth in this clause or as required by applicable law in each jurisdiction.
   

• Refund Exceptions:
  The User may request a refund only in the following cases:
   

  • Verified Order Error: where the delivered product does not correspond to the order placed.
     

  • Defective or Damaged Product: where it is demonstrated that the product is defective, damaged, or fails to meet basic quality, safety, or health standards.
     

  • Failed or Incomplete Delivery: where the order was not delivered to the specified address, or was delivered in a substantially incomplete manner.
     

• Review of Requests:
  All refund requests shall be evaluated on a case-by-case basis by MOTTOZ’s support team, which may require documentary or photographic evidence (e.g., pictures, receipts, delivery reports) before approving or denying the refund.
   

• Refund Method:
  If approved, refunds may be processed through one of the following methods:
   

  • Direct refund to the same payment method used in the transaction.
     

  • Credit to the User’s digital wallet balance within the Platform.
     

  • Voucher or promotional credit, provided it is expressly accepted by the User.
     

• Limitations:
  MOTTOZ reserves the right to reject abusive, fraudulent, or repetitive refund requests, and may suspend or terminate accounts engaged in recurring unfounded refund claims.
   

• Disclaimer:
  Under no circumstances shall MOTTOZ be held liable for refunds related to the intrinsic quality of products or services provided by Merchants or Contractors, who remain solely responsible for complying with the applicable legal warranties.

6. USER CONTENT

6.1 License to Content

The User acknowledges and agrees that by uploading, submitting, publishing, or otherwise making available any type of content on the Platform, including but not limited to texts, comments, reviews, ratings, photographs, logos, images, videos, audio, or any other material (hereinafter, “User Content”), the User grants MOTTOZ USA LLC and its affiliates a worldwide, non-exclusive, transferable, sublicensable, irrevocable, royalty-free license, for the maximum term permitted by law, to:

• Use, reproduce, distribute, and publicly display such User Content in any format or medium, whether now known or hereafter developed, including on the Platform, in marketing campaigns, advertising, social media, promotional materials, or technical support resources.
   

• Modify, adapt, translate, create derivative works of, and compile the User Content as necessary to provide the Services, optimize functionality, promote the Platform, and comply with legal or regulatory obligations.
   

• Grant sublicenses to strategic third parties (e.g., commercial partners, marketing agencies, advertising platforms) solely for purposes related to the promotion, advertising, or distribution of the Services.
   

• Commercially exploit the User Content insofar as it is used within the scope of the foregoing purposes, without entitling the User to additional compensation, unless mandatory law provides otherwise.
   

The User represents and warrants that:

• They are the legitimate owner of the rights to the User Content, or they hold the necessary licenses, permissions, and authorizations to grant this license to MOTTOZ.
   

• The User Content does not infringe any third-party rights, including copyrights, trademarks, trade secrets, privacy rights, publicity rights, or other intellectual or industrial property rights.
   

• The User Content is not unlawful, defamatory, obscene, misleading, or otherwise contrary to public order or morality.
   

MOTTOZ reserves the right, but not the obligation, to moderate, review, remove, edit, or disable any User Content that, in its sole discretion, violates these Terms, applicable law, or may negatively impact its reputation or that of third parties.

This license shall survive the termination or cancellation of the User’s Account, to the extent that the User Content has already been shared, distributed, or otherwise used by MOTTOZ in accordance with these Terms.

 

6.2 Prohibited User Content

The User agrees not to upload, transmit, publish, distribute, disseminate, or otherwise make available on the Platform any content that, directly or indirectly:

• Infringes Third-Party Rights:
   

  • Violates copyrights, trademarks, patents, trade secrets, image rights, publicity rights, or any other intellectual or industrial property rights of third parties.
     

  • Includes protected material without the proper authorization of the rights holder.
     

• Is Illegal or Promotes Unlawful Conduct:
   

  • Constitutes or incites the commission of crimes, administrative violations, or conduct contrary to applicable law.
     

  • Provides instructions or materials intended to promote criminal or fraudulent activities.
     

• Is Defamatory, Violent, or Offensive:
   

  • Contains false, inaccurate, or misleading statements that harm the honor, reputation, or rights of third parties.
     

  • Incites hatred, violence, discrimination, harassment, exploitation, or physical or moral harm to individuals or groups.
     

• Contains Obscene or Inappropriate Material:
   

  • Sexually explicit, pornographic, or exploitative content.
     

  • Obscene, degrading, or humiliating content, or material contrary to public decency or good morals.
     

• Discloses Sensitive or Private Information:
   

  • Personal data of third parties (e.g., identification numbers, addresses, phone numbers, financial or health data) without their express consent.
     

  • Confidential business or organizational information without authorization.
     

• Is Misleading or Fraudulent:
   

  • Contains false or deceptive claims regarding products, services, or identities.
     

  • Impersonates another person or entity, or manipulates data to conceal the origin of the content.
     

• Contains Malicious Software:
   

  • Viruses, trojans, worms, malware, ransomware, bots, or any code intended to damage, intercept, or disrupt the Platform, third-party devices, or networks.
     

MOTTOZ reserves the right, but not the obligation, to monitor, block, edit, or remove any content that, in its sole discretion, violates these prohibitions or may compromise the security, reputation, or interests of the Platform, Users, or third parties.

Violation of this clause may result in the immediate suspension or termination of the User’s Account, without prejudice to any legal actions that may apply.

7. ACCEPTABLE USE OF THE PLATFORM

The User agrees to use the Platform diligently, ethically, and in compliance with applicable law, refraining from using it for unlawful, abusive, or otherwise prohibited purposes under these Terms and Conditions. In particular, the following activities are strictly prohibited:

• Fraudulent Use or Abuse of Promotions:
   

  • Creating simulated, false, or deceptive orders.
     

  • Manipulating discount mechanisms, promotions, coupons, or Platform benefits in order to obtain undue advantages.
     

• Multiple Accounts per Person:
   

  • Registering or using more than one account per User without the express authorization of MOTTOZ.
     

  • Creating fictitious, duplicate, or third-party accounts without valid consent.
     

• Web Scraping or Automation:
   

  • Using bots, crawlers, spiders, scrapers, or any other automated means to access, extract, collect, or index data from the Platform without MOTTOZ’s prior written authorization.
     

  • Interfering with, overloading, or otherwise compromising the stability and security of the Platform’s systems.
     

• Artificial Intelligence Training:
   

  • Using data, images, content, or information obtained from the Platform to train artificial intelligence models, machine learning tools, or automated systems without MOTTOZ’s prior and express authorization.
     

• Service Interference or Alteration:
   

  • Attempting to circumvent security measures, modify source code, decompile, reverse engineer, or otherwise alter the functioning of the Platform.
     

  • Performing acts that may damage, disable, overload, or impair MOTTOZ’s technological infrastructure or negatively affect the experience of other Users.
     

• Use Contrary to the Platform’s Purpose:
   

  • Employing the Services for purposes other than those authorized by MOTTOZ, including unauthorized commercial uses, illegal activities, or practices that may harm the reputation of the Platform.
     

Breach of this clause shall entitle MOTTOZ, at its sole discretion, to temporarily suspend or permanently terminate the User’s Account, without prejudice to any legal action that may be applicable.

8. INTELLECTUAL PROPERTY

Ownership:
The User acknowledges and agrees that MOTTOZ USA LLC, together with its subsidiaries, affiliates, and licensors, are and shall remain the sole and exclusive owners of all intellectual and industrial property rights related to the Platform and the Services, including, without limitation:

• The software, source code, object code, algorithms, architecture, databases, and programming models.
   

• The interfaces, graphic designs, “look & feel,” layouts, visual and audiovisual content.
   

• Trade names, logos, registered or unregistered trademarks, slogans, domain names, and any other distinctive signs associated with MOTTOZ.
   

• Proprietary technologies used within the Platform, including logistics optimization systems (BOLT), artificial intelligence (MAIA), and data analytics tools.
   

Limited User License:
The User is granted only a personal, revocable, non-exclusive, non-transferable, and limited license to access and use the Platform and the Services in accordance with these Terms. Under no circumstances shall this license confer upon the User any rights of ownership, commercial exploitation, sublicensing, copying, modification, or distribution of MOTTOZ’s assets.

Restrictions:
The User agrees not to:

• Reproduce, copy, modify, adapt, translate, decompile, reverse engineer, or create derivative works of the Platform or its content.
   

• Remove, alter, or obscure copyright notices, trademarks, or any other proprietary rights notices.
   

• Use MOTTOZ’s distinctive signs in any manner that may cause confusion, dilute brand value, or misrepresent the relationship between the User and MOTTOZ.
   

Legal Protection:
The Platform and its contents are protected under the copyright and industrial property laws of the United States of America, as well as applicable international treaties (e.g., the Berne Convention and TRIPS Agreement). Violation of this clause entitles MOTTOZ to exercise all corresponding legal remedies, including injunctive relief and claims for damages.

Third-Party Content:
Certain elements within the Platform may be subject to third-party licenses (e.g., open-source software, libraries, APIs). Use of such elements shall be governed by their respective license terms, and shall not be deemed to grant the User any additional rights beyond those expressly authorized.

9. PRIVACY AND DATA

9.1 Collection and Storage of Personal Data

MOTTOZ recognizes the importance of protecting the privacy and personal data of Users who access and use the Platform. Accordingly, MOTTOZ informs Users that all personal information collected shall be processed in accordance with the principles of lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, integrity, and confidentiality, pursuant to applicable laws and regulations.

MOTTOZ collects and stores personal data directly provided by the User in connection with their use of the Platform, including, but not limited to: full name, address, telephone number, email address, IP address, geolocation data, order history, browsing data, and usage preferences.

The primary purposes of data collection are:

• To provide, maintain, and improve the services offered by MOTTOZ.
   

• To verify User identity and authenticate access.
   

• To manage orders and related logistics.
   

• To comply with legal and contractual obligations.
   

• To send relevant notifications and personalized promotions (subject to User authorization where legally required).
   

Data Security and Storage:
Personal data is securely stored in cloud computing infrastructures provided by Microsoft Azure, which comply with leading international security standards and certifications such as ISO/IEC 27001, SOC 1/2/3, and which implement encryption at rest and in transit, application firewalls, continuous monitoring, and data redundancy.

Regulatory Compliance:
In compliance with the European Union General Data Protection Regulation (GDPR), the Brazilian General Data Protection Law (LGPD), and the California Consumer Privacy Act (CCPA), as amended by the CPRA, MOTTOZ guarantees that:

• Personal data shall only be processed on the basis of a valid legal ground (e.g., consent, contract performance, legal obligation, legitimate interest).
   

• Users may exercise, at any time, their rights of access, rectification, erasure, restriction of processing, portability, and objection (ARCO rights).
   

• Residents of the State of California shall additionally have the right to opt out of the sale of their personal information, as well as to request disclosure of the categories and sources of data collected, the purposes of use, and the third parties with whom such data has been shared.
   

• No personal data is sold to third parties, within the meaning of the CCPA.
   

• In the case of international data transfers, appropriate safeguards shall be implemented, such as EU Standard Contractual Clauses, data processing agreements, and impact assessments.
   

Third-Party Processing:
The User acknowledges and agrees that, by using the Platform, their personal data may be processed and transferred to third-party service providers acting as data processors, including, but not limited to: payment gateways, geolocation services, messaging tools, automated marketing services, and analytics providers.

Commitment to Data Security:
MOTTOZ undertakes to adopt appropriate technical and organizational measures to ensure the security of personal data, protecting it against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or unauthorized access.

For more detailed information regarding the processing of personal data and the procedures for exercising rights, Users may consult the Privacy Policy available at: https://mottoz.app/privacy.

9.2 Use

Pursuant to Our Privacy Policy

Use of Logos, Trademarks, and Images:
The Merchant expressly authorizes MOTTOZ USA LLC (“MOTTOZ”) to use its trade name, registered or unregistered trademarks, logos, images, photographs of products or premises, as well as any other graphic materials provided or publicly available, for purposes of promotion, marketing, advertising, and visibility within the Platform, on social media, in advertising campaigns, or through any other channel authorized by MOTTOZ.

This license is non-exclusive, royalty-free, revocable, worldwide, and limited to the period during which the Merchant remains active on the Platform.

The Merchant represents and warrants that it holds all necessary rights over such assets and that their use by MOTTOZ does not infringe third-party rights.

The Merchant may request the removal of specific content by providing written notice at least ten (10) days in advance, except where such content has already been incorporated into materials previously disseminated.

 

10. LIMITATION OF LIABILITY

10.1 Aggregate Liability Cap

To the fullest extent permitted by applicable law, the User acknowledges and agrees that the total, cumulative, and aggregate liability of MOTTOZ USA LLC, its subsidiaries, affiliates, officers, employees, contractors, and licensors, arising from or related to access to, use of, or inability to use the Platform or the Services, whether in contract, tort, negligence, strict liability, or under any other legal theory, shall in no event exceed the greater of:

• The total amount actually paid by the User to MOTTOZ in service fees during the six (6) months immediately preceding the event giving rise to the claim; or
   

• One hundred U.S. dollars (USD $100.00).
   

This limitation shall apply globally to all claims, actions, and causes of action the User may assert against MOTTOZ, regardless of their legal basis.

 

10.2 Liability Exclusions

To the fullest extent permitted by applicable law, the User acknowledges and agrees that MOTTOZ shall not be liable, under any circumstances, for the following:

• Indirect or Incidental Damages:
  Any loss of profits, loss of revenue, loss of business opportunities, loss of data, business interruption, reputational harm, replacement costs for goods or services, or any other indirect, incidental, special, consequential, or punitive damages, even if MOTTOZ has been advised of the possibility of such damages.
   

• Acts and Failures of Third Parties:
  Breaches, acts, or omissions attributable to third parties, including but not limited to:
   

  • Independent Merchants or Providers responsible for the preparation, quality, and safety of products.
     

  • Independent Contractors (delivery drivers or logistics service providers).
     

  • External providers of technological services, connectivity, payment processing, cloud storage, or messaging.
     

• Events Beyond Our Reasonable Control:
  Delays, failures, damages, or losses resulting from force majeure or unforeseeable events, including, but not limited to, natural disasters, pandemics, armed conflicts, government actions, power outages, telecommunications or internet disruptions, cyberattacks, strikes, or any other unpredictable and unavoidable circumstance beyond MOTTOZ’s reasonable control.
   

• Unauthorized Use of the Platform:
  Any damages arising from unauthorized, unlawful, or improper use of the Platform by the User or by third parties to whom the User has granted access to their account.
   

• Reasonable Technical Interruptions:
  Failures, errors, bugs, or temporary interruptions of the Platform that are necessary for maintenance, updates, improvements, or repairs, provided such actions are carried out with due diligence.

11. INDEMNIFICATION

The User agrees to defend, indemnify, and hold harmless MOTTOZ USA LLC, its subsidiaries, affiliates, officers, employees, agents, contractors, business partners, and licensors (collectively, the “Indemnified Parties”), from and against any claim, demand, lawsuit, proceeding, sanction, fine, loss, damage, cost, or expense (including reasonable attorneys’ fees and court costs) arising directly or indirectly from:

• Violation of these Terms:
  Any breach by the User of the provisions contained in these Terms and Conditions, the Privacy Policy, or any other policies applicable to the Platform.
   

• Misuse of the Platform:
  The use of the Platform or the Services in a manner contrary to law, morality, public order, or the purposes authorized by MOTTOZ, including fraudulent or abusive uses or uses that affect the safety of third parties.
   

• User Content:
  Any claim arising from User Content (comments, images, reviews, logos, audiovisual material, etc.) that infringes intellectual property rights, image rights, privacy rights, publicity rights, honor, or any other rights of third parties.
   

• Third-Party Claims:
  Any claim, complaint, or action brought by a third party (including consumers, governmental authorities, merchants, or independent contractors) relating to the User’s conduct on or off the Platform, where such conduct is connected to the use of the Services.
   

The indemnification obligations set forth herein shall survive the suspension or cancellation of the User’s Account or the termination of the contractual relationship with MOTTOZ.

 

12. ARBITRATION AND CLASS ACTION WAIVER

Binding Arbitration Agreement:
The User and MOTTOZ USA LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the use of the Platform, or the Services, whether in contract, tort, statute, or otherwise, shall be finally and exclusively resolved through binding individual arbitration, administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules then in effect.

Exceptions:
The foregoing shall not apply in the following cases:

• Small Claims Court: Claims brought in small claims court, provided that the dispute falls within the jurisdictional limits of such court.
   

• Injunctive Relief for Intellectual Property Rights: Requests for temporary, preliminary, or injunctive relief relating to the protection of intellectual property rights (including trademarks, copyrights, trade secrets, or patents).
   

Waiver of Jury Trial:
The User expressly acknowledges and agrees that, by accepting these Terms, they irrevocably waive their constitutional right to a trial by jury in any litigation or claim related to the Platform or the Services.

Class and Representative Action Waiver:
The User agrees that all disputes must be resolved solely on an individual basis, and under no circumstances may they consolidate, aggregate, or participate in class, representative, or collective actions against MOTTOZ. The filing of claims as a plaintiff or class member in class or representative proceedings is strictly prohibited.

Arbitration Venue:
Unless otherwise agreed by the parties, arbitration shall take place in Broward County, State of Florida, USA, and the arbitral award shall be final and binding on both parties, and may be confirmed and enforced in any court of competent jurisdiction.

Costs and Attorneys’ Fees:
Arbitration costs shall be governed by the rules of the AAA. The arbitrator may award attorneys’ fees and litigation expenses only to the extent permitted by applicable law.

13. REGIONAL TERMS

13.1 United States

• Governing Law and Jurisdiction:
  This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict-of-law principles. Except as otherwise provided in the arbitration clause (Section 12), any legal action arising from these Terms shall be brought exclusively before the state or federal courts located in Broward County, Florida, and the parties irrevocably submit to the jurisdiction and venue of such courts.
   

• Regulatory Compliance:
  Users, Merchants, and Contractors operating within the territory of the United States shall comply with all applicable federal, state, and local laws, regulations, and requirements, including but not limited to:
   

  • Consumer protection laws.
     

  • E-commerce regulations.
     

  • Health and food safety regulations (FDA, USDA, state and local health departments).
     

  • Labor, traffic, and safety laws applicable to independent contractors and delivery services.
     

• Tax Obligations and State Taxes:
  Prices of products and services available on the Platform shall include sales taxes, local charges, and any other applicable levies in each state or municipality where MOTTOZ operates. Each Merchant shall be solely responsible for complying with its own tax obligations regarding revenues generated through the Platform, including the declaration and payment of taxes, fees, contributions, or withholdings that may apply.
   

• Geographic Limitation:
  The provision of Services by MOTTOZ within the United States shall be subject to operational and geographic availability, and may vary depending on the state, city, or municipality where the User is located.
   

 

14. MODIFICATIONS

• Right to Modify:
  MOTTOZ reserves the right to amend, update, supplement, or replace these Terms and Conditions, the Privacy Policy, and any other policies related to the use of the Platform at any time and at its sole discretion.
   

• Notice:
  Modifications shall be notified to the User by publishing the new version on the Platform, by sending an email to the User’s registered address, or by in-app notification (pop-up or “in-app notification”). MOTTOZ shall use reasonable means of notice, without being required to use all possible methods.
   

• Effective Date:
  Modifications shall take effect on the date indicated in the notice or, in the absence thereof, upon publication on the Platform.
   

• Deemed Acceptance:
  Continued use of the Platform by the User after the entry into force of modifications shall constitute express and binding acceptance of the new terms.
   

• Right to Object:
  If the User does not agree with the modifications, they may cancel their Account and cease using the Platform at any time. Continued use of the Services after such modifications shall be deemed acceptance of the revised terms.
   

 

15. TERMINATION

15.1 Termination by the User

The User may close or cancel their Account at any time and for any reason, through the mechanisms enabled on the Platform or by submitting a request to MOTTOZ’s support team.

• Account cancellation shall not exempt the User from fulfilling any pending obligations (e.g., outstanding payments, ongoing disputes, refunds, or indemnification).
   

• MOTTOZ shall retain the minimum necessary information to comply with legal, regulatory, or contractual obligations, as provided in the Privacy Policy.
   

15.2 Termination by MOTTOZ

MOTTOZ may, at its sole discretion, suspend, restrict, deactivate, or permanently terminate the User’s Account, with or without prior notice, in the following circumstances:

• Breach of Terms: Where the User violates any provisions of these Terms and Conditions, the Privacy Policy, or other applicable policies.
   

• Fraudulent or Unlawful Activity: Where fraud, abuse of promotions, manipulation of transactions, identity theft, misuse of the Platform, or any unlawful or bad faith conduct is detected.
   

• Legal or Administrative Requirement: Where a competent judicial, administrative, or governmental authority orders suspension or termination of the Account, or where it is necessary to comply with a legal obligation.
   

• Platform Security: Where the User’s access or conduct represents a threat to the security, stability, or reputation of the Platform, MOTTOZ, or third parties.
   

15.3 Consequences of Termination

• The User shall automatically lose access to their Account and all functionalities of the Platform.
   

• Orders in progress may be canceled without entitlement to compensation, except where applicable law provides otherwise.
   

• Termination shall not affect rights and obligations accrued prior to the date of cancellation, including provisions on intellectual property, indemnification, limitation of liability, confidentiality, and dispute resolution, which shall survive termination.

16. GENERAL PROVISIONS

16.1 Governing Law

This Agreement, as well as any legal, contractual, or extra-contractual relationship arising between the User and MOTTOZ USA LLC as a result of the use of the Platform, shall be governed by and construed exclusively in accordance with the substantive and procedural laws of the State of Florida, United States of America, without giving effect to conflict-of-law provisions that may result in the application of the laws of another jurisdiction.

Except as provided in the arbitration clause (Section 12), the parties irrevocably agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Broward County, Florida, expressly waiving any other jurisdiction that might otherwise apply by reason of present or future domicile, or for any other reason.

 

16.2 Severability

If any provision, term, or condition of this Agreement is held to be invalid, illegal, void, or unenforceable by a court or competent authority, such ruling shall not affect the validity or enforceability of the remaining provisions. The unaffected clauses shall remain in full force and effect and shall be interpreted in a manner that most closely reflects the original intent of the parties.

Furthermore, if any provision is found to be invalid only in a specific jurisdiction, such invalidity shall not affect the validity of that provision in other jurisdictions where it remains fully enforceable.

 

16.3 Entire Agreement

This document constitutes the entire, complete, and exclusive agreement between the User and MOTTOZ USA LLC with respect to access to and use of the Platform and the Services, and supersedes any prior or contemporaneous understanding, negotiation, proposal, communication, or agreement, whether oral or written, relating to the same subject matter.

No statement, warranty, condition, promise, or agreement not expressly set forth in this document shall be binding upon the parties.

Any amendment or addition to this Agreement shall be valid only if made in writing and published through the Platform in accordance with Section 14 (Modifications).

 

17. CONTACT

MOTTOZ USA LLC
401 East Las Olas Blvd, Fort Lauderdale, FL 33301

• Legal Email: legal@mottoz.app
   

• Support: support@mottoz.app
   

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BY CHECKING THE ACCEPTANCE BOX OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS.