Last updated: November 17, 2025
Welcome to Motorical. These Terms of Service ("Terms") govern your access to and use of the Motorical email delivery platform and related services ("Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
2.1 Eligibility. You must be at least 18 years old and have the legal capacity to enter into binding agreements to use the Service. By creating an account, you represent and warrant that you meet these requirements.
2.2 Account Creation. To use the Service, you must create an account by providing accurate, current, and complete information, including your name, email address, and company information (if applicable). You are responsible for maintaining the accuracy of your account information.
2.3 Account Security. You are responsible for maintaining the confidentiality of your account credentials, including passwords and API keys. You agree to notify us immediately of any unauthorized access to your account. We are not liable for any loss or damage arising from unauthorized use of your account.
2.4 Account Verification. We may require email verification or additional identity verification for certain features or higher-tier plans. Failure to complete verification may result in limited access to the Service.
Motorical provides a professional email delivery platform that includes:
4.1 Prohibited Activities. You agree not to use the Service to:
4.2 Email Content Standards. All emails sent through the Service must:
4.3 Rate Limits. You agree to comply with rate limits imposed on your account, Motor Blocks, or subscription plan. Excessive use that exceeds your plan limits may result in throttling or suspension.
4.4 Domain Verification. You may only send emails from domains that you own or have explicit authorization to use. Domain verification is required before emails can be sent from a domain.
5.1 Subscription Plans. We offer various subscription plans with different features, email volume limits, and pricing. Plan details, including pricing, features, and limits, are available on our Pricing page and may be updated from time to time.
5.2 Billing. Subscription fees are billed monthly in advance via Stripe. By subscribing to a paid plan, you authorize us to charge your payment method for the subscription fee and any applicable taxes. All fees are non-refundable except as required by law or as explicitly stated in these Terms.
5.3 Payment Methods. We accept payment via credit card, debit card, and other payment methods supported by Stripe. You agree to provide accurate payment information and authorize us to charge your payment method for all fees.
5.4 Plan Changes. You may upgrade or downgrade your subscription plan at any time. Plan changes take effect immediately, and billing will be prorated accordingly. Downgrades may result in loss of access to certain features or data.
5.5 Usage Limits. Each plan includes monthly email volume limits. If you exceed your plan's limit, we may throttle or suspend email sending until the next billing cycle or until you upgrade your plan. Additional emails beyond your plan limit may be charged at standard rates.
5.6 Failed Payments. If payment fails, we will attempt to retry the payment. If payment continues to fail, we may suspend or terminate your account. You remain responsible for all charges incurred prior to suspension or termination.
5.7 Refunds. We offer a 30-day money-back guarantee for new subscriptions. Refund requests must be submitted within 30 days of initial subscription. Refunds are processed at our discretion and may take 5-10 business days to appear in your account.
5.8 Free Trial. Selected subscription plans include a free trial period. The trial length is set per plan and is shown on the pricing page for any plan that offers one. Free trials are available to new customers only — accounts that have previously held a subscription are not eligible. A valid payment method is required to start a trial, but you are not charged during the trial period. Unless you cancel before the trial ends, the subscription converts automatically to the paid plan at its listed price and your payment method is charged. You may cancel at any time during the trial from your account settings.
5.9 Price Changes. We reserve the right to modify subscription prices at any time. Price changes will not affect your current billing period but will apply to subsequent billing cycles. We will provide at least 30 days' notice of any price increases.
6.1 Service Level. We strive to maintain high availability and reliability of the Service. However, we do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to planned maintenance, unforeseen incidents, or circumstances beyond our control.
6.2 Support. Support availability varies by subscription plan:
6.3 Maintenance. We may perform scheduled maintenance with advance notice when possible. Emergency maintenance may be performed without notice to address critical issues.
7.1 Service Ownership. The Service, including all software, designs, text, graphics, logos, and other content, is owned by Motorical or its licensors and is protected by copyright, trademark, and other intellectual property laws.
7.2 License to Use. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription period.
7.3 Your Content. You retain ownership of any content you submit through the Service. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your content solely to provide and improve the Service.
7.4 Restrictions. You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service without our express written permission.
8.1 Privacy Policy. Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the collection and use of information as described in our Privacy Policy.
8.2 Data Processing. When you use the Service, we process email content, recipient information, and delivery data to provide the Service. We implement appropriate technical and organizational measures to protect your data.
8.3 Data Retention. We retain email logs, analytics data, and account information as necessary to provide the Service and comply with legal obligations. You may request deletion of your data by contacting support, subject to our legal retention requirements.
8.4 GDPR Compliance. If you are located in the European Economic Area (EEA), we process your personal data in accordance with the General Data Protection Regulation (GDPR). You have certain rights regarding your personal data, as described in our Privacy Policy.
9.1 Disclaimer. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9.2 Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOTORICAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.
9.3 Maximum Liability. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
9.4 Email Delivery. While we strive for high deliverability rates, we do not guarantee that all emails will be delivered. Email delivery depends on various factors beyond our control, including recipient server configurations, spam filters, and network conditions.
You agree to indemnify, defend, and hold harmless Motorical, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:
11.1 Termination by You. You may terminate your account at any time by contacting support or canceling your subscription through your account settings. Termination will take effect at the end of your current billing period.
11.2 Termination by Us. We may suspend or terminate your account immediately, without prior notice, if:
11.3 Effect of Termination. Upon termination:
12.1 Entire Agreement. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Motorical regarding the Service and supersede all prior agreements and understandings.
12.2 Modifications. We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.
12.3 Waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
12.4 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
12.5 Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms or any rights hereunder without restriction.
12.6 Governing Law. These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of [Your Jurisdiction].
12.7 Contact Information. If you have any questions about these Terms, please contact us at support@motorical.com.
By using the Motorical Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.