Terms of Service

Motéma is built by a team working to make dating about real commitment again. Motéma is not yet incorporated as a company. Once it is, these Terms will be updated with the company's name, registered address and registration number, and the company will take over this agreement. In these Terms, "Motéma", "we" and "us" mean the team operating the Service.

You can reach us on TikTok: @motema.app.

To use the Service you must:

• be at least 18 years old;
• be legally able to enter into a binding contract;
• not be prohibited from using the Service under the laws of your country;
• not have been convicted of, or be subject to any court order relating to, a sexual offence, violence or harassment;
• not have had a Motéma account removed by us, unless we have expressly allowed you back.

We may ask you to verify your age or identity at any time and may suspend your account until you do. Accounts created by or for anyone under 18 will be removed.

You may hold one personal account. The information you give us, including your name, age, photos and gender, must be accurate, current and your own. Do not impersonate anyone or create an account for someone else.

You are responsible for keeping your login details safe and for everything that happens under your account. Tell us immediately at @motema.app on TikTok if you think someone else has accessed it.

Venue, event and shop accounts are subject to section 10 in addition to these Terms.

Motéma is a set of tools for meeting people. Depending on what you enable, it includes:

• mutual matching, where you are shown people whose preferences also include you;
• optional match requirements set by other members, such as answering questions (Picky mode) or proposing a first date before liking;
• the date planner, trust points, exclusive chat and Me & You (sections 5 and 6);
• location-based features: discovering people in your area, venues you are in, travel rooms on public transport, and Spotted notes left at a place;
• optional identity, car and health certificate verification;
• tools for venues, event creators and shops to offer products, reservations, tickets and dating games (section 10).

We continuously improve the Service. We may add, change or remove features, and some features may only be available in certain places, to verified members or for a limited time. We will give reasonable notice before removing a paid feature you have already paid for.

We do not guarantee that you will find a match, a date or a relationship.

Trust points show how reliably a member turns up to dates they have committed to. Every member starts with the same balance. Points are added or deducted automatically according to the rules shown in the app's meeting rules at the time, which currently include:

• +1 point when you check in at an agreed meeting and it takes place;
• one reschedule per person per plan, free when made more than 48 hours before the meeting, -1 point between 24 and 48 hours before, and -2 points less than 24 hours before;
• -2 points for not showing up to a confirmed meeting, or for backing out of a confirmed plan outside the free period;
• gradual recovery over time while your balance is below zero.

If your balance reaches zero or less, some features, such as first-date mode and receiving meeting requests, are paused until it recovers.

Trust points have no monetary value, cannot be transferred and are not a rating of you as a person. Your dating mode (Take me out, Let me take you out or 50/50) sets expectations about who plans and who pays for a first date; it is an agreement between members, and Motéma is not a party to it and does not enforce payment between members.

If you believe points were deducted in error, for example because of a technical fault or an emergency, contact us and we will review it. You can also ask for a human review of any automated decision about your account (see our Privacy Policy).

Exclusive chat lets two members agree to talk only to each other for a period and follow a path of dates. Me & You lets two members subscribe together so both profiles are hidden from other people. Each feature has its own rules shown in the app before you accept, including what happens if one person leaves early. Leaving in breach of those rules may lead to coin charges, trust point deductions or a temporary suspension, as shown in the app.

Some actions use coins, an in-app virtual item. You may receive coins for free on a regular basis, and we may in future offer coins, subscriptions or other items for purchase. Prices and what each item does are shown in the app before you use or buy it.

• Coins, boosters, flowers and similar items are a limited licence to use features of the Service. They have no cash value, are not money or e-money, cannot be exchanged for cash and cannot be transferred or sold.
• Free allowances may change, and unused free items may expire.
• When paid items are introduced, purchases will be processed by Apple, Google or another payment provider named at checkout, under their terms.
• Unless the law of your country requires otherwise, purchases are non-refundable. If you are a consumer in the EU or the UK, you agree that paid digital content is supplied immediately after purchase and you acknowledge that you lose your 14-day right of withdrawal once supply begins.
• If we close your account for a serious breach of these Terms, unused items are lost. If we stop the Service or a paid feature, we will refund unused paid items where the law requires it.

Motéma only works if people can trust each other. You agree not to:

• harass, threaten, stalk, intimidate, shame or abuse anyone, on or off the Service;
• post content that is sexually explicit, violent, hateful or discriminatory, or that depicts or sexualises minors in any way;
• share another person's private information, photos or messages without their consent, including screenshots of chats;
• use fake photos, a false age or identity, or pretend to be verified;
• solicit money or gifts, promote commercial services, run scams or romance fraud, or offer or request sexual services for payment;
• spam, send bulk messages, or create accounts automatically;
• scrape, copy, reverse engineer or interfere with the Service, its security or other members' use of it;
• use location features to follow or track someone, or turn up uninvited where you know someone will be;
• use the Service for anything illegal.

Breaking these rules may lead to removal of content, loss of trust points, suspension or permanent removal, and where appropriate a report to the police.

You keep ownership of the photos, text, videos and other content you post ("your content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt (for example resize or compress), and display your content for the purpose of operating, securing and improving the Service, and showing it to the people you choose. This licence ends when your content is deleted, except for copies we must keep by law or that other members already received in their chats.

You are responsible for your content. You confirm that you have the right to post it, that it does not infringe anyone's rights, and that anyone recognisable in it has agreed to appear.

Spotted notes and venue stories are visible to other members nearby. Do not include names, faces, plates or other details that identify a person who has not agreed to it, and do not post anything defamatory about a real person.

We may review, restrict or remove any content that we reasonably believe breaks these Terms or the law, but we are not obliged to monitor everything posted.

Businesses such as bars, restaurants, clubs, event creators and shops ("Venues") can use Motéma to offer products, take reservations and orders, sell tickets and run dating games.

If you are a member: your purchase, reservation or ticket is a contract between you and the Venue, not with Motéma. The Venue is responsible for its products, prices, quality, safety, opening hours, age checks and refunds. Unless a payment is expressly processed in the app, you pay the Venue directly. Contact the Venue first about any problem; we will help where we reasonably can.

If you manage a Venue, you also agree that:

• you are authorised to act for the business and the information you provide is accurate;
• you comply with all laws that apply to your business, including consumer, food, alcohol, licensing, pricing, tax and anti-discrimination laws;
• prices you show are complete and correct; any pricing that differs by gender or other personal characteristics must be lawful where you operate;
• you use members' data you receive through Motéma (such as names, phone numbers, reservation and order details, and anonymous attendance statistics) only to provide the reservation, order or service requested, keep it secure, and do not use it for marketing without the member's consent. For that data you act as an independent controller under data protection law;
• you are responsible for your staff's use of the Venue account.

We may set additional commercial terms, fees or commissions for Venues, which will be agreed separately.

Motéma does not run criminal background checks on members and cannot guarantee anyone's identity, intentions or behaviour. Verification badges only mean that we checked the document or photos submitted at the time; they are not a guarantee.

Health certificate badges reflect a document a member uploaded and our reading of it on the date of upload. They are not medical advice and do not guarantee a person's current health. Always practise safer sex and make your own decisions about your health.

Meet in public places, tell a friend where you are going, arrange your own transport and leave whenever you feel uncomfortable. The back-home-safe check is an extra tool, not an emergency service: in an emergency, call your local emergency number.

You are solely responsible for your interactions with other members, online and in person.

You can report a member, message or piece of content in the app or by writing to @motema.app on TikTok. Reports are confidential: we do not tell the reported person who reported them. We aim to review reports promptly, prioritising those involving safety.

If someone breaks these Terms, we may, depending on how serious it is: warn them, remove content, deduct trust points, restrict features, suspend the account temporarily or remove it permanently. We will tell you the reason for any restriction unless doing so would compromise safety or an investigation, or is prohibited by law. You can ask us to review any decision by writing to @motema.app on TikTok.

We may keep a limited record of removed accounts, for example a ban record, to prevent banned people from returning, as described in the Privacy Policy.

The Service, including the Motéma name, logo, design, software and content we create, belongs to us or our licensors and is protected by intellectual property laws. We grant you a personal, non-transferable, non-exclusive, revocable licence to use the app for its intended purpose while you comply with these Terms. You may not copy, modify, distribute or create derivative works from it.

If you send us feedback or ideas, we may use them freely without any obligation to you.

The Service relies on third-party services such as the Apple App Store and Google Play, maps, SMS and email providers. Your use of those services is also governed by their terms. We are not responsible for third-party services, websites or content we do not control.

We work hard to keep Motéma available and secure, but the Service is provided "as is" and "as available". To the extent permitted by law, we do not promise that the Service will be uninterrupted, error-free or free of harmful components, or that information shown by other members or Venues is accurate.

Nothing in these Terms excludes or limits rights you have as a consumer that cannot be excluded or limited by contract under the law of your country.

To the extent permitted by law:

• we are not liable for the conduct of any member or Venue, on or off the Service;
• we are not liable for indirect or consequential loss, loss of profits, data or goodwill, or for loss that was not reasonably foreseeable;
• our total liability to you for all claims relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim and 100 euros.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, for gross negligence or wilful misconduct, or for any other liability that cannot be limited by law.

To the extent permitted by law, you agree to compensate us for claims, losses and reasonable costs (including legal fees) arising from your breach of these Terms, your content, or your conduct towards other members or Venues. This does not apply to the extent the loss was caused by us.

You can stop using Motéma and delete your account at any time in the app's settings or by writing to @motema.app on TikTok. Deleting the app does not delete your account.

We may suspend or close your account as described in section 12, or if we stop offering the Service, with reasonable notice where possible. Sections that by their nature should continue (for example 9, 13, 15, 16, 17 and 20) survive the end of this agreement.

We may update these Terms to reflect changes to the Service, the law or our business. We will tell you about material changes in the app or by email at least 30 days before they take effect, unless the change is required by law or for safety reasons. If you do not agree, you can delete your account before the change takes effect; continuing to use the Service after that means you accept the new Terms.

Until Motéma is incorporated, these Terms are governed by the laws of the country where you live, and you may bring proceedings in the courts of that country. Nothing in these Terms takes away the protection of the mandatory laws of your country. This section will be updated once the company exists.

Before starting any formal claim, please contact us at @motema.app on TikTok so we can try to resolve the problem together.

These Terms, together with the Privacy Policy and any feature rules shown in the app, are the entire agreement between you and us about the Service. If a provision is found invalid, the rest remains in force. If we do not enforce a right immediately, we do not give it up. You may not transfer your rights under these Terms; we may transfer ours to a company that takes over the Service, provided your rights are not reduced.

These Terms are available in several languages. If there is any conflict between translations, the English version prevails, unless the law of your country requires otherwise.

Questions about these Terms: message us on TikTok at @motema.app.