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Motion Bro Service License Agreement

This License Agreement (the “Agreement”) is a public offer by Individual Entrepreneur Berdyugin Danil Alexandrovich, doing business as Motion Bro, registered under the laws of the Republic of Kazakhstan (the “Licensor”), to any individual or entity (the “Licensee”) who accesses or uses the Motion Bro Service. The Service includes the website https://motionbro.com/, the free Motion Bro plugin for Adobe After Effects and Premiere Pro, and paid preset packages sold through Gumroad, available to users globally. By accessing or using the Service, the Licensee agrees to be bound by this Agreement. If the Licensee does not agree to these terms, they must not use the Service. This Agreement takes effect when the Licensee accesses or uses the Service.

Definitions

Author: A third-party user of the Service, independent of the Licensor, who sells digital products through the Service under a separate agreement with the Licensor.
Licensee: Any individual or entity that accepts this Agreement and uses the Service.
Service: The Motion Bro platform, which includes:
- The website https://motionbro.com/, acting as a showcase for preset packages and providing the free Motion Bro plugin.
- The free Motion Bro plugin for Adobe After Effects and Premiere Pro, available for download from the website or Adobe Exchange (https://motionbro.com/plugin/).
- Preset packages sold through Gumroad, a third-party marketplace platform.

Motion Bro Plugin: The free software application provided by the Licensor for use with Adobe After Effects and Premiere Pro, which enables the use of preset packages.
Preset Packages: Digital products (e.g., video effect presets) sold through Gumroad, which require the Motion Bro plugin to function and must be activated using a license key provided after purchase.

Acceptance of Terms

To purchase and use Digital Products through the Service, the Licensee must accept this Agreement. Acceptance occurs when the Licensee completes a purchase on Gumroad, thereby agreeing to these terms.
By accepting the Agreement, the Licensee confirms they are of legal age and capacity to enter into this Agreement under applicable law.
If any terms are unclear, the Licensee should contact the Licensor at https://motionbro.com/contact/ before proceeding with a purchase.
The Licensee also agrees to the Privacy Policy (https://motionbro.com/privacy-policy/) and Refund Policy (https://motionbro.com/refund-policy/) by completing a purchase.

License Grant

The Licensor grants the Licensee:

A non-exclusive, non-transferable, revocable license to use the free Motion Bro plugin under the terms of this Agreement.
A non-exclusive, non-transferable, revocable license to use purchased Preset Packages under the terms of this Agreement, provided that the Licensee has a valid license key for each Preset Package.

Use of Digital Products

The Licensee may use purchased Digital Products to create unlimited final video products (e.g., rendered mp4 or MOV files) for personal or commercial purposes (e.g., ads, music videos).
The Licensee may not distribute final videos where a Motion Bro preset is the sole or primary content, whether for free or for a fee.
The Licensee acknowledges that Preset Packages require the Motion Bro plugin to function. The plugin must be installed and properly configured as per the instructions provided on the website (https://motionbro.com/help/).
Project files containing Motion Bro presets may be stored on personal devices or private cloud storage but may not be shared publicly (e.g., via open file-sharing links or video stock platforms).
Each purchased Digital Product is licensed for use by a single end user (the Licensee). The Licensee may install and use the Digital Product on up to two devices that they own (e.g., a home computer and a work computer). Use of the Digital Product on devices owned by others or sharing the Digital Product with third parties is prohibited.
Copying, distributing, or modifying Digital Product files for third-party use is prohibited.
Sharing Gumroad account access, login credentials, or selling account access is prohibited, as it may lead to unauthorized use of the Digital Product by others.
Custom usage terms may be agreed in writing between the Licensor and Licensee but do not bind the Licensor to offer similar terms in the future.
Technical support for Digital Products is guaranteed for six months from purchase; beyond that, support is not assured.

Use of Motion Bro Plugin

The Licensor provides the Motion Bro plugin free of charge for personal and commercial use.
The Licensee may install the plugin on any number of devices they own.
The Licensee may not modify, reverse-engineer, or distribute the plugin.
The Licensor reserves the right to update or discontinue the plugin at any time.
Technical support for the plugin is provided at the Licensor’s discretion.

Delivery of Digital Products

After purchase, Digital Products are delivered via Gumroad, which provides a download link to the Licensee. The Licensee must download the files from Gumroad and install them into the “Motion Bro” app as instructed. During installation, the Licensee may need to activate the Digital Product using a license key, which is provided by Gumroad immediately after purchase (sent via email and available on the purchased product’s page on Gumroad).
For free products with file sizes exceeding 250 MB, Gumroad may deliver files via a third-party cloud server due to its file size limits. The Licensor is not responsible for any issues, delays, or inability to download files from such third-party servers, regardless of the cause (including but not limited to technical issues, regional restrictions, or third-party server errors).

Licensor’s Rights and Obligations

Obligations: The Licensor will provide access to the Service, which includes the website (https://motionbro.com/) as a showcase for Digital Products and the “Motion Bro” app for using purchased products. Registration for purchasing Digital Products is handled through Gumroad, as detailed in Registration section. The Licensor will offer free informational support via email and maintain confidentiality of Licensee data except as required by law or this Agreement.
Rights: The Licensor may update the Service, verify Licensee data for compliance, suspend or block access for violations, and amend this Agreement with prior notice.

Licensee’s Rights and Obligations

Obligations: The Licensee must pay for Digital Products as required, keep Licensor data confidential, and avoid infringing third-party rights.
Rights: The Licensee may demand Service access if compliant with this Agreement, seek support for issues, and request information about Service terms.

Registration

Registration on the Motion Bro website (https://motionbro.com/) is not required to view public content, such as product descriptions. However, to purchase and access Digital Products, the Licensee must provide an email address during the checkout process on Gumroad (https://app.gumroad.com/checkout/). If the Licensee does not already have a Gumroad account, one will be automatically created using the provided email address.
The Licensee must provide accurate data during the checkout process on Gumroad (e.g., email, name) and is responsible for keeping this information up to date in their Gumroad account.
The Licensee is solely responsible for securing their Gumroad account credentials (e.g., email and password, if set) and must notify Gumroad immediately of any suspected unauthorized access. The Licensor is not responsible for managing or securing the Licensee’s Gumroad account.
To use purchased Digital Products in the “Motion Bro” app, the Licensee must activate the product using a license key provided by Gumroad after purchase (sent via email and available on the purchased product’s page on Gumroad).

Payment

Payment Requirement: Payment is required only for the purchase of Digital Products through the Service. All transactions are processed securely via Gumroad, the payment platform integrated with the Service.
Payment Process: To pay, the Licensee selects a Digital Product on the Motion Bro website and is redirected to Gumroad’s checkout page (https://app.gumroad.com/checkout), where they enter their name and country, choose a payment method (such as credit/debit card, PayPal, or other methods supported by Gumroad), and follow the on-screen instructions to complete the transaction.
Completion of Payment: Payment is considered complete when funds are successfully processed by Gumroad and credited to the Licensor’s account.
Additional Costs: The Licensee may be responsible for currency conversion fees (if applicable), which are charged by their payment provider if the transaction currency differs from their payment method’s currency. The Licensor is not liable for any issues, delays, or additional costs arising from the payment systems used by Gumroad.
Tax Handling: As of January 1, 2025, Gumroad acts as the merchant of record and automatically handles the collection and remittance of applicable taxes (such as VAT, GST, or sales tax) worldwide, based on the Licensee’s location. The Licensee may see these taxes added to the purchase price at checkout, depending on their region. The Licensor is not responsible for managing or remitting these taxes.
Confirmation: Upon successful payment, the Licensee receives an email confirmation from Gumroad, which includes a license key (also available on the purchased product’s page on Gumroad). The purchased Digital Product becomes available for use in the “Motion Bro” app after the Licensee activates it using the license key.
Refunds: Refunds are handled in accordance with the Licensor’s Refund Policy (https://motionbro.com/refund-policy/). However, Gumroad may process refunds directly in certain cases (e.g., fraud or disputes) within 30 days of purchase, as per their terms. The Licensee should contact the Licensor for refund requests, but final decisions involving Gumroad-processed refunds are subject to Gumroad’s policies.

Electronic Communication

Electronic communication (email, Service notifications) has the same legal force as written documents if sent via pre-approved channels. Unrecognized channels may be ignored.
Each Party secures its communication channels and notifies the other of breaches. Documents are deemed received on the date of delivery, with deadlines starting the next day.

Technical Support

For technical issues related to the Motion Bro plugin, Preset Packages, or their use, the Licensee may contact the Licensor’s support team via https://motionbro.com/contact/. The Licensee may refer to the Help Center or contact the Licensor directly for assistance.
For issues related to the Gumroad account, payment, or delivery of Preset Packages, the Licensee should contact Gumroad support directly.
Technical support for the Motion Bro plugin is provided at the Licensor’s discretion. Technical support for Preset Packages is guaranteed for six months from the date of purchase; beyond that period, support is not assured..
The Licensor does not guarantee specific resolution timelines but will make reasonable efforts to address issues promptly.

Intellectual Property

The Service and its content are protected by copyright and trademark laws under the Licensor’s or third-party rights, per Kazakhstan’s “Law on Copyright and Related Rights.”
The Licensee may distribute the “Motion Bro” app freely but may not modify, decompile, or alter it without written consent.
No exclusive rights are transferred beyond the usage rights granted herein.
Distribution via Gumroad: Digital Products sold through the Service are distributed via Gumroad, which acts solely as a delivery platform. All intellectual property rights in the Digital Products remain with the Licensor or the respective Authors, and Gumroad has no ownership or usage rights over these products.

Disclaimer of Warranties

THE SERVICE, INCLUDING THE MOTION BRO PLUGIN, THE WEBSITE (https://motionbro.com/), AND PRESET PACKAGES, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE MOTION BRO PLUGIN IS PROVIDED FREE OF CHARGE, AND THE LICENSEE ACKNOWLEDGES THAT THE LICENSOR MAKES NO GUARANTEES REGARDING ITS PERFORMANCE, COMPATIBILITY, OR AVAILABILITY. THE LICENSOR IS NOT RESPONSIBLE FOR ANY ISSUES ARISING FROM THE USE OF THIRD-PARTY SERVICES, INCLUDING GUMROAD OR ADOBE EXCHANGE, IN CONNECTION WITH THE SERVICE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSOR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (E.G., LOST PROFITS, DATA LOSS) ARISING FROM THIS AGREEMENT OR SERVICE USE, EVEN IF ADVISED OF SUCH POSSIBILITIES. THE LICENSOR’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY THE LICENSEE FOR THE SERVICE.
Gumroad Limitations: The Licensor is not liable for any issues, delays, or failures related to Gumroad’s services, including but not limited to payment processing, delivery of Digital Products, or refund handling.

Indemnification

The Licensee agrees to indemnify and hold the Licensor harmless from any claims, damages, or losses arising from the Licensee’s misuse of the Service or violation of this Agreement.

Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of California, USA, excluding its conflict of law rules.
Disputes shall be resolved through negotiation, with a mandatory 30-day pre-trial claim period (via email). Unresolved disputes shall be submitted to the state or federal courts in San Francisco, California, where the Parties consent to jurisdiction and venue.

Termination and Suspension

The Licensor may suspend or terminate access for: (a) illegal use, (b) third-party rights violations, (c) false information, (d) failure to update registration data, or (e) other breaches.
Temporary suspension duration is at the Licensor’s discretion; no refunds apply. Permanent termination ends this Agreement, with no refunds for prior payments.
Either Party may terminate with 15 days’ notice; unfulfilled obligations survive termination.

Amendments

The Licensor may amend this Agreement by posting updates in the Service. Continued use after amendments constitutes acceptance. To reject changes, the Licensee must notify the Licensor and stop using the Service.

Force Majeure

Neither Party is liable for delays due to unforeseeable events beyond their control (e.g., natural disasters, war, government actions). Notice must be given within 10 days. If such events last over two months, the Agreement may end by mutual consent.

Miscellaneous

This Agreement is the entire understanding between the Parties, superseding prior agreements.
If any provision is unenforceable, the rest remains valid.
Notices must use pre-approved electronic channels.
Questions? Contact us at https://motionbro.com/contact/.