MOTAR Terms Of Use

Acceptance of the Terms of Use 

These Terms of Use supplement and do not replace the Customer Agreement (https://www.dynepic.com/pages/customer-agreement) or a customized version of the agreement entered into by Dynepic, Inc.  (referred herein as "Dynepic", "we" or "us") and “Customer” (referred herein as “Customer”, “you”, “your”, “they”).“Customer” refers to the entity on behalf of which this Agreement is accepted or, where no entity applies, the individual accepting this Agreement. 

Dynepic is offering the MOTAR Platform (referred herein as “Platform”, “MOTAR”, “MOTAR Platform”, or “MOTAR Ghost”, “Product”), a commercial product for use by properly licensed Customers who are either enterprise commercial entities, education institutions, or a US Government (“USG”) agency and/or a “Contractors, ” where Contractor is defined as an entity under contract with the USG. 

The following terms and conditions, together with any documents they expressly or impliedly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the MOTAR Platform and related technology. By installing, accessing, or using the MOTAR Platform, you acknowledge and agree to be bound by these Terms of Use.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. We will update the Last Modified Date indicated below to reflect the date of the last change.  However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted.

Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Platform so you are aware of any changes, as they are binding on you. We may also notify you of revised Terms of Use upon entry to the Platform as displayed or via other communications (e.g., electronic mail). You acknowledge and agree that it is your responsibility to check these Terms of Use each time you access the Platform so that you can make yourself aware of any changes hereof, which are binding upon you.

Intellectual Property

The Platform, its features and functionality, including the design, selection, and arrangement of the Platform, are owned by Dynepic, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Platform only for the purpose of use of the Platform. 

Under a valid license, Dynepic grants you a limited, non-exclusive, non-transferable right to access and use the Platform solely for its intended purposes. Except as expressly permitted, you must not reproduce, distribute, modify, create derivative works of, republish, resell, download, store or transmit any MOTAR Platform install files, code, or technology.

Trademarks

The 'DYNEPIC' name and ‘MOTAR’ name, and all related names, logos, service names, trade dress, designs and slogans are trademarks of Dynepic or its affiliates or licensors. You must not use such marks without the prior written permission of Dynepic. All other names, logos, product and service names, designs and slogans on the Platform are the trademarks of their respective owners.  By registering for an account on the Platform via any method, you are agreeing that your Platform published Hub listing cards and organization/company entity names, to include app icons, logos, etc., may be used by Dynepic for marketing and promotion.

Use of the Platform

With a valid license, Dynepic hereby grants you permission to use the Platform as set forth in these Terms of Use provided that you comply with the Terms of Use.  Your use of the Platform is subject to all applicable laws, rules and regulations, and you are solely responsible for compliance therewith and for the data, security, and employment of the Platform and hold Dynepic harmless for your use of the Platform and any associated violations of laws, rules and regulations and for any other security or compliance failures resulting from your configuration or use of the Platform.

Prohibited Uses

You hereby acknowledge and agree not to use the Platform: (1) in any way that violates any applicable federal, state, local or international law or regulation, for any illegal purpose, or which, as determined by us, may harm Dynepic. In addition to the foregoing, you agree not to: (a) otherwise attempt to interfere with the proper working of the Platform, (b) decompile, disassemble, reverse engineer, reverse assemble, or otherwise extract and/or manipulate data from the Platform or any portion thereof or otherwise attempt to discover any source code,  (c) use the Platform in violation of applicable law, (d) access, tamper with, or use non-public areas of the Platform, (e) use automated systems (e.g., bots, scrapers) to extract data, or (f) circumvent security measures or access restricted features.. 

You understand that the Platform is controlled using permissions and roles that are unique to each user account type, based on their organization, affiliation, and/or legal government user type. It is your responsibility to ensure you correctly set up all user accounts so they have the role-based access permissions they should have, and not any permissions which they should not have. Please reference Permission and Roles in MOTAR documentation (https://docs.motar.io/).  

Disclaimer of Warranties

You are responsible for installing the Platform in your environment and you are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for security, data privacy, anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY BUGS IN THE PLATFORM, AND/OR ANY LOSS OR DAMAGE CAUSED BY THE USE OF THE PLATFORM. 

YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, INCLUDING ITS CONTENT, TUTORIAL FILES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DYNEPIC NOR ANY PERSON ASSOCIATED WITH DYNEPIC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, RELIABILITY, QUALITY, ACCURACY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER DYNEPIC NOR ANYONE ASSOCIATED WITH DYNEPIC REPRESENTS OR WARRANTS THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE USE OF THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

DYNEPIC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Liability

IN NO EVENT WILL DYNEPIC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY APPS OR WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, APPS OR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER PLATFORMS, APPS OR WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

 Indemnification

You agree to defend, indemnify and hold harmless Dynepic, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, or your use of any information obtained from the Platform.

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada in each case located in the Reno and County of Washoe. However, we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Dynepic of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Dynepic to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use (as defined above to include all documents expressly or impliedly incorporated herein by reference) and any Software Licenses provided constitute the sole and entire agreement between you and Dynepic with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

Contact Us

If you have any questions or concerns about these Terms of Use or would like to provide notice to us regarding an issue covered within these Terms of Use, please contact us: 

Via email at: motar@dynepic.com
Or by telephone at: 843-580-3939

These Terms of Use were last modified on March 17, 2025.