Terms of Service

Last updated: January 1, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.

ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS OF SERVICE AS IT AFFECTS YOUR RIGHTS.

1. You and Us

Welcome to Motossembly. Formally, we are Downshyft Inc., the provider of the Motossembly service ("Downshyft," "Motossembly," "we," "us," and "our"). We provide our services online, including, potentially, via our app (the "Motossembly App") and our website at Motossembly.com (the "Motossembly Site"), and other forms of communications (collectively, the "Services").

We use the term "user" or "you" or "your" to mean any user of our Services. These Terms apply to each user.

These Terms of Service ("Terms") govern your access to and use of our Services. By accessing or using the Services, you agree to be bound by these Terms as if these Terms were signed by you in ink on a hard-copy agreement. We may ask you to confirm that you agree to these Terms, including by taking particular actions, such as clicking a button labelled "I Agree" or "Buy Now" or using the Services.

Any personally-identifiable information about you or anyone else may be stored on or through the Services ("Personal Data"). During the term of this Agreement and provided that you are not in breach, Downshyft hereby grants you permission to use the software ("Software") included in the Downshyft App and the Downshyft Site as part of the Services. The Services must be used solely for personal use by you. You do not have any rights to copy, retain copies of, modify, disclose, or exhibit the Software.

2. Content

Any information, text, graphics, photos or other materials uploaded, downloaded or appearing on our Services, including all Personal Data, are collectively referred to as "Content". When you provide Content to us ("your Content"), you warrant to us that you have all rights necessary to provide your Content to us.

In addition to your Content, some of the Content on the Services is owned by us ("Downshyft Content"), and by Partners and other entities ("Third Party Content"). You may use Downshyft Content and Third Party Content for your personal use only.

We own the Downshyft Content and the Services, and all intellectual property associated therewith, including copyrights and trademarks. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person that originates the Content. We do not monitor the Content posted via the Services.

For any Content that you provide to us, you grant Downshyft a nonexclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicensable, transferable, fully paid-up and royalty-free right and license to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize your Content, in any form, format or process now known or hereafter discovered ("Content License"). Except for the Content License you grant to us, you retain all ownership or other rights you may have to your Content.

3. User "Do's" and "Don'ts"

As a condition to your right to access and use the Services, you agree to these Terms and to strictly observe the following:

Do:

  • Comply with all applicable laws, including privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
  • Provide accurate information to us and update it as necessary.
  • Review our Privacy Statement, which may change from time to time.
  • Review and comply with notices sent by us concerning the Services.

Don't:

  • Act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable Content.
  • Use software, devices, scripts, robots or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other part of the Services.
  • Override any security component included in or underlying the Services.

4. How Old are You?

18 or older: If you are 18 years or older, you warrant that you have the right, authority and capacity to enter into this agreement as a binding agreement.

16 and 17: If you are at least 16 years old, but not yet 18 years old, please ask your parent or guardian to use our Services on your behalf. Each young person who registers with us must provide verifiable consent from a parent or guardian.

Under 16: You may not use our Services if you are under 16 years old.

5. Privacy

We provide the Services from within the United States, and we currently store all personally-identifiable information of users that we collect and retain on servers inside the United States.

Certain types of Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, health information, or other Personal Data. Each time you use our Services or submit Personal Data, you confirm your consent to the collection, storage, processing, use, sharing, and onward transfer of your Personal Data as further stated in these Terms and the Privacy Statement.

6. Our Rights

We reserve the right at all times (but we do not have an obligation) to remove or refuse any Content on the Services, to suspend or terminate users, and to reclaim user names without liability to you. We also reserve the right to access, read, preserve, and disclose any Content as we reasonably believe is necessary to satisfy any applicable law, enforce the Terms, detect fraud, respond to user support requests, or protect the rights, property or safety of Downshyft, the Services, our users and the general public.

7. Links to Third Parties

The Services may contain links to third-party websites, social media, services or features. Downshyft does not control any of these third-party services. You expressly acknowledge and agree that Downshyft is not liable for any such third-party websites, social media, services, content, or features.

8. Copyright Policy

Downshyft respects the intellectual property rights of others and expects users of our Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the DMCA at 17 U.S.C. §512).

Our designated copyright agent is: Attn: Copyright Agent, Downshyft Inc., 651 N. Broad St., Suite 206, Middletown, DE, 19709, USA. Email: legal@downshyft.com

9. Disclaimer of Warranties

WE PROVIDE THE SERVICES AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS ABOUT OUR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

10. Termination

You may terminate your agreement with us at any time by contacting us at legal@downshyft.com.

We may terminate these Terms for any reason or no reason, at any time, with or without notice. Upon termination, all licenses and other rights granted to you will immediately cease, but any licenses you have granted to us will survive termination.

11. Indemnification

You agree to defend, indemnify and hold Downshyft and its partners, subsidiaries, affiliated companies, officers, employees, members, directors, and service providers harmless from and against any claims, liabilities, damages, losses, and expenses arising out of your Content, your access to or use of the Services, any breach of these Terms, or your violation of any laws.

12. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, NEITHER DOWNSHYFT NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, YOU PAID DOWNSHYFT DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.

13. General Provisions

Governing Law and Arbitration: These Terms are governed by the law of the State of Delaware. Any dispute shall be determined by one arbitrator in binding arbitration, administered by the American Arbitration Association.

Contact Us: You may contact us via email at legal@downshyft.com or via postal mail at Attn: Law Department, Downshyft Inc., 651 N. Broad St., Suite 206, Middletown, DE, 19709, USA.

User Generated Content Policy

Downshyft Inc is committed to providing a safe and respectful environment for users of its mobile app Motossembly. This User Generated Content Policy outlines the expectations and guidelines for user-generated content ("UGC") submitted through the App.

  1. Harassment: The Company does not tolerate any form of harassment, including bullying, discrimination, hate speech, threats, or intimidation.
  2. Sexual Content: The App is intended for general audiences. UGC that is sexually explicit, pornographic, or contains nudity is strictly prohibited.
  3. Objectionable Content: UGC that is offensive, obscene, defamatory, or otherwise objectionable is prohibited, including content that promotes violence, hatred, or discrimination.
  4. Compliance with Laws: Users must comply with all applicable laws and regulations. UGC must not violate any third-party rights, including copyrights, trademarks, or privacy rights.
  5. Reporting and Moderation: The Company may review and moderate UGC at its discretion. Users are encouraged to report any content that violates this Policy.
  6. User Responsibility: Users are solely responsible for the UGC they submit.
  7. Consequences of Violations: Violations may result in content removal, account suspension or termination, and/or reporting to law enforcement.
  8. Indemnification: Users agree to indemnify the Company from claims arising from their UGC.
  9. Modifications: The Company reserves the right to modify this Policy at any time without prior notice.
  10. Governing Law: This Policy is governed by the laws of the state of Delaware.