Terms of Service

These Terms of Service ("Terms") govern your access to and use of Motina.

Motina is operated by Yoghurt Pot Limited, a company registered in England and Wales under company number 12105928, with its registered office at 45 Tameside, Stokesley, TS9 5PE ("Motina", "we", "us" or "our").

By installing Motina, creating an account, starting a trial, purchasing a subscription, or otherwise using the Service, you agree to these Terms on behalf of yourself and, where applicable, the business or organisation you represent.

Motina is provided for business use only. You confirm that you are acting wholly or mainly for purposes relating to your trade, business, craft or profession and not as a consumer.

If you do not agree to these Terms, you must not use the Service.

1. About Motina

Motina is an ecommerce analytics and insights service.

The Service connects to supported ecommerce platforms, including Shopify, and analyses information about a merchant's store in order to identify findings, trends, issues and potential opportunities for improvement.

Depending on the features available to you, Motina may:

import and analyse product, inventory, order and related ecommerce data;
collect and analyse permitted storefront interaction data;
identify changes, trends, anomalies or conditions that may deserve attention;
generate findings, opportunities and recommendations;
provide supporting evidence and analysis;
allow users to create or manage tasks relating to findings;
provide reports, notifications and other related functionality.

The features available through Motina may change over time.

2. Recommendations and commercial outcomes

Motina is designed to assist merchants in understanding their stores and identifying matters that may deserve attention.

Findings and recommendations generated by Motina are based on available data, analytical methods, assumptions and rules. They may not identify every relevant issue or opportunity and may occasionally be incomplete, inaccurate, outdated or unsuitable for a particular business.

You remain responsible for deciding whether and how to act upon information provided by Motina.

Motina does not guarantee:

increased sales, revenue or profit;
improved conversion rates;
improved customer retention;
any particular return on investment;
that every store issue or opportunity will be identified;
that implementing a recommendation will produce a particular result.

You should use your own judgement and, where appropriate, obtain professional advice before making material commercial, financial, legal, tax or operational decisions.

3. Your account and authority

You are responsible for ensuring that:

you have authority to install and use Motina for the relevant store or organisation;
information supplied to Motina is accurate and kept reasonably up to date;
account credentials and access methods are kept secure;
anyone using Motina through your account is authorised to do so.

If you accept these Terms on behalf of a company or other organisation, you confirm that you have authority to bind that organisation to these Terms.

You must notify us promptly if you believe your Motina account or connected ecommerce account has been accessed without authorisation.

4. Connecting third-party platforms

Motina relies on integrations with third-party ecommerce and technology platforms.

When you connect a platform such as Shopify to Motina, you authorise us to access and process the information made available through the permissions you approve, solely as permitted by these Terms, our Privacy Policy and, where applicable, our Data Processing Addendum.

For Shopify merchants, the permissions requested by Motina are displayed through Shopify's installation and authorisation process.

Motina will not intentionally modify your store except where a permission and feature expressly requires Motina to do so.

Third-party platforms are operated independently from Motina. We are not responsible for changes, restrictions, interruptions, errors or discontinuation affecting a third-party platform or its APIs.

Your use of those platforms remains subject to their own terms and policies.

5. Storefront analytics

Certain Motina features may collect information about interactions taking place on a merchant's storefront.

Where required, Motina is designed to operate in accordance with privacy and consent signals made available by the relevant ecommerce platform.

You remain responsible for:

configuring your store's privacy and consent settings appropriately;
providing customers and visitors with any notices required by applicable law;
ensuring that your use of Motina is lawful in the jurisdictions in which you operate.

More information about Motina's storefront tracking is provided in our Privacy Policy and Cookie & Tracking Notice.

6. Subscription and billing

Some or all Motina functionality requires a paid subscription.

The applicable:

subscription price;
billing period;
trial period;
included functionality; and
any usage or plan limits

will be shown when you subscribe or otherwise made available to you before a charge is incurred.

Unless stated otherwise, subscriptions renew automatically for successive billing periods until cancelled.

Shopify merchants

Where Motina is purchased through Shopify, subscription charges are processed using Shopify-provided billing functionality and may be included on your Shopify invoice.

Available plans, prices, billing periods and trials may be displayed and managed through Shopify.

Shopify's applicable billing processes, platform rules and terms also apply to those payments.

Other platforms

Where Motina is made available through another ecommerce platform, marketplace or billing provider, platform-specific billing terms displayed when you subscribe may also apply.

If there is a conflict between these Terms and platform-specific terms, the platform-specific terms will govern only the relevant payment or platform functionality. These Terms will otherwise continue to govern your use of Motina.

7. Trials

We may offer free or discounted trials.

The length and terms of a trial will be displayed when the trial is offered.

Unless otherwise stated, a trial will automatically convert into a paid subscription at the end of the trial period where you have accepted a subscription charge and do not cancel before the trial ends.

We may change, withdraw or restrict future trial offers at any time.

A merchant is not necessarily entitled to repeated trials by uninstalling and reinstalling Motina or by creating additional accounts.

8. Cancellation, expiry and payment issues

You may cancel your subscription at any time using the cancellation method provided through Motina or the platform through which you purchased it.

Cancellation prevents future subscription renewals but does not normally reverse charges that have already been incurred.

Temporary payment or billing issues

A failed, delayed or otherwise unsuccessful payment does not necessarily cause immediate suspension of the Service.

Where your subscription is affected by a temporary payment or billing issue, we may continue providing some or all of the Service for a reasonable grace period while the issue is resolved.

If the subscription returns to good standing during that period, normal service may continue without interruption.

If the payment or billing issue is not resolved, we may subsequently restrict or suspend access to some or all of the Service.

Cancellation or expiry

Where a subscription is cancelled or otherwise ends without Motina being uninstalled:

we may continue providing limited access to the Service for a limited period;
existing findings, opportunities and reports may remain accessible temporarily;
we may continue importing, processing or analysing store data for a limited period to support account continuity or reactivation; and
functionality may progressively become restricted.

We do not guarantee that any particular functionality will remain available after a subscription has ended.

Data will subsequently be handled in accordance with our applicable retention and deletion policies.

You may uninstall Motina at any time. Uninstalling starts Motina's account and data deletion process as described in our Privacy Policy.

9. Refunds

Unless applicable law or the rules of the platform through which you purchased Motina require otherwise, subscription charges are generally non-refundable once incurred.

We may, at our discretion, provide a full or partial refund where we consider it appropriate.

Where payment was processed by Shopify or another third-party platform, any refund will be processed through the applicable payment or platform mechanism and may be subject to that platform's procedures.

Nothing in this section affects any rights that cannot lawfully be excluded.

10. Changes to pricing and plans

We may introduce new plans, change prices, change plan limits or change the functionality included within a plan.

Any new price will not normally apply retrospectively to charges already incurred.

Where a change materially affects an existing paid subscription, we will provide reasonable notice where practicable before the change takes effect.

You may cancel your subscription if you do not wish to continue under the revised pricing or plan.

11. Your data

As between you and Motina, you retain ownership of the information and content you provide to Motina or make available through your connected ecommerce platforms ("Merchant Data").

You give us the rights necessary to host, copy, transmit, analyse, transform and otherwise process Merchant Data solely as necessary to:

provide the Service;
maintain and secure the Service;
support you;
comply with applicable law;
improve the operation and reliability of Motina.

We may generate aggregated or de-identified statistical information from the operation of the Service where that information does not identify a merchant or individual. We may use that information to operate, understand and improve Motina.

We do not acquire ownership of your underlying Merchant Data.

12. Personal data

Our handling of personal data is described in our Privacy Policy.

Where Motina processes personal data on your behalf and you are the controller of that data, our Data Processing Addendum forms part of these Terms.

In general:

Motina acts as a controller for personal data relating to our own merchant relationships, accounts, support, security and business operations; and
Motina acts as a processor where we process personal data relating to your customers or storefront visitors in order to provide the Service on your behalf.

You are responsible for ensuring that you have an appropriate legal basis for providing personal data to Motina and instructing us to process it.

13. Data deletion

Motina applies retention and deletion periods appropriate to the categories of data we process.

If you uninstall Motina, access to the connected store is removed and the deletion process begins.

Some information may remain temporarily:

while required to complete a deletion workflow;
within backup systems until those backups are rotated;
where retention is required by law;
where necessary to establish, exercise or defend legal claims.

Further details are provided in our Privacy Policy and Data Processing Addendum.

14. Acceptable use

You must not use Motina:

for any unlawful or fraudulent purpose;
in a way that infringes another person's rights;
to gain unauthorised access to systems, accounts or information;
to introduce malware or other harmful code;
to deliberately interfere with or degrade the Service;
to circumvent security, access, billing or usage restrictions;
to perform unauthorised security testing against Motina or its infrastructure;
to access the Service using automated means except through interfaces or APIs we expressly make available;
to copy, reproduce, resell or commercially exploit Motina except as expressly permitted by us.

You must not attempt to reverse engineer, decompile or disassemble Motina except to the extent that applicable law gives you a right to do so which cannot lawfully be restricted.

We may suspend or restrict access where we reasonably believe these requirements have been breached.

15. Intellectual property

Motina and all intellectual property rights in the Service belong to Yoghurt Pot Limited or its licensors.

This includes, where applicable:

software;
user interfaces;
designs;
documentation;
analytical methods;
detection logic;
reports and report formats;
trademarks and branding;
underlying technology.

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable and revocable right to use Motina for your internal business purposes for the duration of your subscription or permitted access.

No ownership rights in Motina are transferred to you.

16. Feedback

If you provide suggestions, ideas or feedback about Motina, you agree that we may use that feedback to develop and improve the Service without restriction or payment to you.

This does not give us ownership of your Merchant Data or confidential business information.

17. Confidentiality

Each party may receive confidential information relating to the other party's business, technology or operations.

Each party agrees to:

use confidential information only for purposes connected with these Terms;
take reasonable steps to protect it;
disclose it only to people who reasonably need access and who are subject to appropriate confidentiality obligations.

These obligations do not apply to information that:

is already lawfully public;
was lawfully known without confidentiality restrictions;
is independently developed without use of the confidential information;
is lawfully received from another source;
must be disclosed by law or a competent authority.

18. Availability and maintenance

We aim to make Motina reliable and continuously available, but we do not guarantee uninterrupted or error-free operation.

The Service may occasionally be unavailable because of:

maintenance;
deployments;
software defects;
infrastructure failures;
third-party platform outages;
security incidents;
circumstances outside our reasonable control.

We may change, replace or discontinue individual features where reasonably necessary.

Unless we separately agree otherwise in writing, Motina is not provided subject to a service level agreement or guaranteed uptime commitment.

19. Beta and experimental features

We may make beta, preview, experimental or early-access functionality available.

Such functionality may be incomplete, change substantially or be withdrawn.

Where a feature is clearly identified as beta, preview or experimental, you should not rely upon it for business-critical purposes unless we expressly state otherwise.

20. Suspension

We may suspend or restrict access to Motina where reasonably necessary because of:

non-payment, following any applicable grace period;
a breach of these Terms;
suspected fraud or abuse;
a security risk;
unlawful activity;
a requirement imposed by law or a third-party platform;
conduct that materially threatens the integrity or availability of the Service.

Where reasonably practicable, we will try to notify you before suspension and provide an opportunity to resolve the issue.

We may suspend immediately where delay would create a material security, legal or operational risk.

21. Termination

You may stop using Motina and cancel your subscription at any time.

We may terminate these Terms or your access to Motina if:

you materially breach these Terms and, where the breach can be remedied, fail to remedy it within a reasonable period after being notified;
your use of Motina creates a material legal or security risk;
a third-party platform prevents us from continuing to provide the Service;
we discontinue Motina.

Where reasonably practicable, we will provide advance notice if we discontinue the Service.

Termination does not affect rights or liabilities that arose before termination.

Provisions which by their nature are intended to continue after termination will continue to apply, including provisions concerning intellectual property, confidentiality, liability and governing law.

22. Third-party services

Motina uses third-party infrastructure, software and services to operate.

We select and manage these providers with reasonable care, but we cannot guarantee the operation or continued availability of third-party services outside our control.

We are not responsible for failures caused solely by:

Shopify or another ecommerce platform;
internet or telecommunications providers;
hosting or infrastructure providers;
other third-party systems outside our reasonable control.

Our use of service providers that process personal data is addressed in our Privacy Policy, Data Processing Addendum and Sub-processor List.

23. Our responsibility to you

We will provide the Service with reasonable skill and care.

However, to the extent permitted by law:

Motina is provided on an "as available" basis;
analytical results are dependent on the quality, completeness and availability of underlying data;
we do not warrant that findings or recommendations will always be accurate, complete or suitable;
we do not warrant that the Service will meet every particular business requirement.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

24. Limitation of liability

Nothing in these Terms limits or excludes either party's liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation;
any other liability which cannot lawfully be limited or excluded.

Subject to the above, Motina will not be liable for:

loss of profits;
loss of revenue;
loss of anticipated savings;
loss of business opportunity;
loss of goodwill;
indirect or consequential loss,

except to the extent that such loss cannot lawfully be excluded.

Subject to the above, our total aggregate liability arising out of or in connection with the Service or these Terms during any twelve-month period will not exceed the greater of:

the fees paid or payable by you to Motina during the twelve months immediately preceding the event giving rise to the claim; or
£250.

This liability cap is a maximum limit on recoverable liability. It is not a fixed payment, penalty or entitlement to compensation.

The limitations in this section apply whether liability arises in contract, tort, negligence, breach of statutory duty or otherwise.

25. Your responsibility for decisions

You are responsible for decisions made in connection with operating your store.

In particular, you remain responsible for reviewing any recommendation before implementing it and determining whether it is appropriate for your products, customers, pricing, stock, marketing or wider business.

Motina is intended to assist human decision-making rather than replace it.

26. Events outside our control

Neither party will be responsible for failure or delay caused by events outside its reasonable control.

Such events may include failures of internet or cloud infrastructure, acts of government, natural disasters, industrial disputes, widespread cyber incidents, war, civil unrest or major failures affecting third-party platforms.

This section does not excuse payment obligations that arose before the relevant event.

27. Changes to the Service

Motina is an evolving product.

We may:

add or remove functionality;
modify analytical methods;
introduce new data sources;
change user interfaces;
replace integrations;
improve or retire detectors or recommendations;
change technical requirements.

We will try to avoid changes that materially reduce the core functionality of a paid plan without reasonable notice.

28. Changes to these Terms

We may update these Terms from time to time.

The current version and its effective date will be published on our website.

Where a change materially affects your rights or obligations, we will provide reasonable notice where practicable.

Changes may take effect immediately where necessary to:

comply with law;
respond to a security issue;
comply with a platform requirement; or
correct a clear drafting error.

Your continued use of Motina after updated Terms take effect constitutes acceptance of those updated Terms.

If you do not agree to a material change, you may stop using Motina and cancel your subscription.

29. Assignment

You may not transfer your rights or obligations under these Terms without our prior written consent, which we will not unreasonably withhold.

We may transfer these Terms as part of a merger, acquisition, corporate reorganisation, financing, or sale of all or substantially all of the business or assets relating to Motina.

30. No partnership or agency

These Terms do not create a partnership, joint venture, employment relationship or agency relationship between you and Motina.

Neither party has authority to bind the other except where expressly agreed.

31. Entire agreement

These Terms, together with any documents expressly incorporated into them, constitute the agreement between you and Motina concerning the Service.

They replace previous discussions, statements or agreements concerning the same subject matter.

Nothing in this section limits liability for fraud or fraudulent misrepresentation.

32. If part of these Terms is unenforceable

If a provision of these Terms is found to be unlawful or unenforceable, that provision will be modified or removed only to the extent necessary.

The remaining provisions will continue in effect.

33. No waiver

If either party delays or fails to enforce a right under these Terms, that does not mean the right has been waived.

34. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales.

The courts of England and Wales will have exclusive jurisdiction over disputes arising out of or in connection with these Terms.

35. Contact

Motina is operated by:

Yoghurt Pot Limited
Company number: 12105928
Registered office: 45 Tameside, Stokesley, TS9 5PE
Website: motina.co.uk

General and contractual enquiries: support@motina.co.uk

Privacy and data-protection enquiries: privacy@motina.co.uk

Our legal and compliance policies