Last Updated: April 23, 2025
1. Introduction
Welcome to MotionStack Design. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our website, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access our website or use our services.
2. Definitions
For the purpose of these Terms:
- "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to MotionStack Design.
- "Service" refers to the website and any services provided by MotionStack Design.
- "You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- "Content" means any information, data, text, software, images, graphics, or other materials that can be viewed on our Service.
3. Use of Our Service
Our Service is intended for users who are at least 18 years old. By using our Service, you confirm that you are at least 18 years old and that you have the legal capacity to enter into these Terms.
You agree to use the Service only for purposes that are permitted by these Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
You may not:
- Use the Service in any way that violates any applicable national or international law or regulation
- Use the Service for any purpose that is unlawful or prohibited by these Terms
- Attempt to gain unauthorized access to any portion of the Service
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Introduce any viruses, trojan horses, worms, logic bombs, or other harmful material to the Service
4. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of MotionStack Design and its licensors. The Service is protected by copyright, trademark, and other laws of both South Africa and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MotionStack Design.
5. User Content
When you create, upload, post, send, receive, store, or otherwise make available any content on or through our Service, you grant us a worldwide, royalty-free, non-exclusive license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your content in connection with operating and providing the Service.
You are solely responsible for the content that you post on or through the Service, and any material or information that you transmit to other users.
6. Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by MotionStack Design. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that MotionStack Design shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
7. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
8. Limitation of Liability
In no event shall MotionStack Design, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Service
- Any conduct or content of any third party on the Service
- Any content obtained from the Service
- Unauthorized access, use, or alteration of your transmissions or content
9. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
12. Contact Us
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Address: MotionStack Design, Cape Town, South Africa