Please read these Terms of Service carefully before using iomotiv.com or engaging ioMotiv OÜ for any services. By accessing our website or using our services, you agree to be bound by these terms.
1. Parties
These Terms of Service ("Terms") constitute a legally binding agreement between:
ioMotiv OÜ ("ioMotiv", "we", "us", or "our")
Registry code: 17135179
Kuninga tn 11, 80011 Pärnu, Estonia
Email: info@iomotiv.com
Website: https://iomotiv.com
and you ("Client", "you", or "your") — any individual or entity that accesses iomotiv.com or engages ioMotiv for services.
2. Services
ioMotiv OÜ provides digital services including, but not limited to:
- Web design and development
- Graphic design and branding
- IT support and maintenance
- Search engine optimisation (SEO)
- Mobile application development
- System integrations and process automation
The specific scope of services for any given project will be defined in a separate written agreement, proposal, or statement of work agreed between the parties.
3. Acceptance of Terms
By accessing or using our website at iomotiv.com, submitting an enquiry, or engaging ioMotiv for services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our website or services.
4. Quotes and Project Agreements
4.1 All project quotations provided by ioMotiv are valid for 30 days from the date of issue unless otherwise stated.
4.2 A project commences only upon receipt of written confirmation and, where applicable, receipt of any agreed deposit payment.
4.3 Any changes to the agreed project scope after commencement may result in revised pricing and timelines, which will be communicated and agreed in writing before work proceeds.
4.4 ioMotiv reserves the right to decline any project request at its sole discretion.
5. Payment Terms
5.1 Payment terms, amounts, and schedules will be specified in the project agreement or invoice issued by ioMotiv.
5.2 Unless otherwise agreed in writing, invoices are due within 14 calendar days of the invoice date.
5.3 ioMotiv may require a deposit (typically 30–50% of the total project fee) before commencing work.
5.4 Late payments may incur interest charges in accordance with applicable Estonian law.
5.5 ioMotiv reserves the right to suspend or terminate services if payment obligations are not met.
6. Client Responsibilities
To enable ioMotiv to deliver services effectively, you agree to:
- Provide accurate, complete and timely information, materials, and feedback as requested
- Designate a primary point of contact who has authority to make decisions
- Respond to requests for approvals, content, or feedback within agreed timeframes
- Ensure that all content, materials, and assets provided to ioMotiv are lawful and do not infringe any third-party rights
- Obtain any necessary licences, permissions, or consents for materials you provide
Delays caused by the Client's failure to meet these responsibilities may affect project timelines and are not the responsibility of ioMotiv.
7. Intellectual Property
7.1 Client-provided materials: You retain ownership of all content, logos, images, and materials you provide to ioMotiv. You grant ioMotiv a non-exclusive licence to use these materials solely for the purpose of delivering the agreed services.
7.2 Deliverables: Upon receipt of full payment, ioMotiv assigns to you the intellectual property rights in the custom deliverables created specifically for your project, except as noted in clause 7.3.
7.3 Pre-existing and third-party assets: ioMotiv retains ownership of all pre-existing tools, frameworks, code libraries, templates, and methodologies used in delivering the services. Where third-party assets (e.g. fonts, stock images, plugins) are incorporated, their use is subject to the respective third-party licences.
7.4 Portfolio rights: Unless you expressly request otherwise in writing, ioMotiv reserves the right to display completed work in its portfolio and promotional materials.
8. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of a project. This obligation does not apply to information that is publicly available or required to be disclosed by law. Confidentiality obligations survive the termination of any project agreement.
9. Warranties and Representations
9.1 ioMotiv warrants that services will be performed with reasonable skill and care, in accordance with the agreed specification.
9.2 You warrant that: (a) you have the legal authority to enter into this agreement; (b) all materials you provide are lawful and do not infringe third-party rights; and (c) your use of the deliverables will comply with all applicable laws.
9.3 ioMotiv does not warrant that the website or deliverables will be free from all errors or that access will be uninterrupted.
10. Limitation of Liability
10.1 To the maximum extent permitted by applicable law, ioMotiv's total liability to you for any claim arising out of or related to these Terms or the services shall not exceed the total fees paid by you to ioMotiv in the three (3) months preceding the event giving rise to the claim.
10.2 ioMotiv shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business or goodwill, even if ioMotiv has been advised of the possibility of such damages.
10.3 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.
11. Cancellation and Termination
11.1 Either party may terminate a project agreement by providing written notice to the other party.
11.2 In the event of termination by the Client, ioMotiv is entitled to payment for all work completed up to the date of termination, plus any non-recoverable costs incurred.
11.3 In the event of termination by ioMotiv due to the Client's material breach, the same payment obligations apply.
11.4 ioMotiv may immediately terminate services if the Client engages in illegal activity or violates these Terms.
12. Website Use
12.1 You may use iomotiv.com for lawful purposes only. You must not use our website in any way that breaches applicable laws or regulations, infringes others' rights, or is fraudulent or harmful.
12.2 You must not attempt to gain unauthorised access to any part of our website, server, or database.
12.3 We reserve the right to restrict or terminate access to our website without notice for any reason.
13. Third-Party Links
Our website may contain links to third-party websites. These links are provided for convenience only. ioMotiv has no control over the content of those sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
14. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Republic of Estonia. Any disputes arising out of or relating to these Terms or the services shall be subject to the exclusive jurisdiction of the courts of Estonia.
15. Dispute Resolution
In the event of a dispute, the parties agree to first attempt to resolve the matter amicably through good-faith negotiation. If a resolution cannot be reached within 30 days, either party may pursue the matter through the competent courts of Estonia.
16. Amendments
ioMotiv reserves the right to update or modify these Terms at any time. Changes will be posted on iomotiv.com with a revised "last updated" date. Continued use of our website or services after changes constitutes acceptance of the revised Terms. We encourage you to review this page periodically.
17. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or severed if modification is not possible, without affecting the validity of the remaining provisions.
18. Entire Agreement
These Terms, together with any project-specific agreements and our Privacy Policy and Cookie Policy, constitute the entire agreement between you and ioMotiv OÜ with respect to the subject matter hereof, and supersede all prior agreements, representations, and understandings.
19. Contact
If you have any questions about these Terms of Service, please contact us:
ioMotiv OÜ
Email: info@iomotiv.com
Website: https://iomotiv.com
Address: Kuninga tn 11, 80011 Pärnu, Estonia