This agreement sets forth the Terms and Conditions (hereinafter, the "Terms") governing access to and use of the Motion Academy web platform (hereinafter, the "Platform") and the purchase of its self-paced online courses. By purchasing a course or subscribing to any of our plans, the User expressly and unreservedly accepts these Terms in their entirety.
1. Purpose and Initial Access Period
Motion Academy offers recorded online training courses designed to be completed at the User's own pace.
· Initial Access: The individual purchase of any course grants the User the right to access and view the recorded content for a fixed period of one (1) year (365 calendar days), counted from the confirmation of payment.
· Expiration of the Initial Period: Upon expiration of the initial one-year period, access to the course will automatically expire. To maintain access to the material indefinitely, the User must subscribe to one of the Continuity Subscription Plans described in Clause 3.
2. Age Restrictions and Authorizations
The services and courses offered through the Platform are intended for persons with the legal capacity to enter into contracts.
· Adults: Access is fully authorized for persons over eighteen (18) years of age.
· Minors (Ages 16 and 17): Users who are 16 or 17 years of age may enroll only if they have the express authorization and supervision of their parent or legal guardian. By accepting these Terms, the legal guardian assumes full financial and civil responsibility for the minor's use of the Platform.
· Persons Under 16: Registration and the purchase of courses by persons under 16 years of age are strictly prohibited.
3. Payment Processing, Taxes and Invoice Issuance
The entity that owns the Platform and receives payments is a company incorporated in the United States.
· Payment Gateway: All payments are securely processed through the external dLocal platform.
· Currency and Taxes in Brazil: Prices may be displayed in local currency for the User's convenience, but payments are processed internationally. Users residing in the Federative Republic of Brazil acknowledge that international credit card transactions may be subject to local taxes in their country, such as the Imposto sobre Operações Financeiras (IOF), as well as foreign exchange conversion rates applied by the card-issuing bank, all of which shall be borne exclusively by the User.
· Invoice Issuance: If the User requires a commercial invoice for the purchase made, the User must formally request it by email at administración@motionacademy.ai. The invoice will be issued by the legal entity incorporated in the United States and will describe the digital training service purchased.
4. Continuity Subscription Plans
To maintain access after the initial one-year period has expired, the User may subscribe to one of our three plans: Basic Plan, Premium Plan or Pro Max Plan.
· Billing Options: All three plans are available with Monthly or Annual billing.
· Plan Details: The specific features, benefits, prices and technical support included in each plan are described in a separate technical section of our website, which shall be considered a binding part of this agreement.
· Lifetime Access: Maintaining an active subscription to any of these three plans guarantees continued access to the purchased course. "Lifetime Access" is defined as availability of the content for as long as the course continues to be actively offered on the Platform. If Motion Academy decides to discontinue a course, the User will be notified thirty (30) days in advance.
· Automatic Renewal and Cancellation: Subscriptions automatically renew at the end of each billing period (monthly or annually), with payment processed through dLocal. The User may cancel automatic renewal at any time from their profile panel. Cancellation prevents future charges but does not generate refunds for periods already billed or for unused portions of a billing period.
5. Refund Policy, Time Limits and Right of Withdrawal Button
Pursuant to Article 49 of the Brazilian Consumer Defense Code (Código de Defesa do Consumidor), the User has the right to withdraw from the purchase within seven (7) calendar days following payment, without prejudice to any other non-waivable rights available to the User under applicable law.
· Right of Withdrawal Button: The Platform provides a visible "Right of Withdrawal Button" within the User's panel. This button allows the User to request cancellation and the corresponding refund within the statutory 7-day period, in accordance with applicable law.
· Content Consumption and Abuse Prevention: Motion Academy reserves the right to limit or reject refund requests when its web audit records (access logs) establish that a substantial portion of the course content was viewed, consumed or downloaded before the request was made, where such activity demonstrates abusive use of the refund policy and always within the limits permitted by applicable law. This provision does not limit or exclude any non-waivable rights granted to the User under the Brazilian Consumer Defense Code.
· Refund Exclusions: Except where applicable law grants the User a mandatory right to cancellation or refund, refunds or cancellations will not be issued for the following reasons:
· Personal or financial circumstances, or lack of time on the part of the student.
· Disagreement with, dissatisfaction with or misunderstanding of the academic or pedagogical content of the courses.
· Refund Procedure and Time Limits: If the Right of Withdrawal Button is no longer available in the User's panel and the User considers that the request falls within an applicable refund period or circumstance, the User must submit a formal request by email to: administración@motionacademy.ai.
· Evaluation Period: Motion Academy will have up to 7 business days to audit the account records and respond to the request.
· Refund Processing Period:
Once the refund has been approved, reversal of the payment will be initiated through dLocal. The User acknowledges that the actual posting of the refunded amount to their account or credit card depends exclusively on dLocal's technical processing times and the policies of the User's card-issuing bank in Brazil, which may take between 1 and 2 billing cycles.
6. Course Completion Certificates
· Requirements: To obtain a course completion certificate, the student must complete 100% of the recorded classes and subsequently take and pass an online examination within the Platform.
· Passing Score: The minimum passing score will be clearly disclosed within the examination interface for the respective course.
· Certificate Information: Certificates will be issued automatically and will contain only the same identity and name information provided by the User during registration. Under no circumstances will certificate information be modified for the purpose of transferring the certificate or issuing it in the name of a third party, in order to prevent fraud and unauthorized account sharing.
7. Intellectual Property and Restrictions on Use
All content available on the Platform, including videos, PDF materials, text, designs, code and logos, is the exclusive property of Motion Academy or its licensors and is protected by the intellectual property laws of the United States and applicable international treaties.
· Strictly Personal Use: Class videos and supplementary materials are provided under a limited license solely for personal study and learning purposes.
· Prohibited Uses: It is strictly prohibited to record, download (except for PDFs expressly made available for download), reproduce, plagiarize, distribute, commercialize or use the materials to provide training outside the Platform. Any violation shall entitle the Company to immediately terminate the User's account without a right to refund and to pursue any applicable legal remedies for damages.
8. Technical Support and Access Issues
For any technical issue involving access to classes, Platform errors or administrative questions, the student must contact support exclusively by email at: administración@motionacademy.ai.
· Response Time: The support team undertakes to provide a response and follow-up regarding the reported issue within a maximum of 72 business hours from receipt of the email.
9. Use of Artificial Intelligence (AI) Assistance
The Platform provides students with an Artificial Intelligence (AI) tool designed to respond quickly and automatically to questions regarding the classes.
· Nature of the AI: The User acknowledges and agrees that this AI is powered and trained exclusively using the videos and PDF materials belonging to the purchased course. Its knowledge base is strictly limited to such educational content.
· Limitation of Liability: Although the AI is programmed to adhere faithfully to the course materials, Motion Academy shall not be responsible for erroneous interpretations, inaccurate responses or "hallucinations" generated by the underlying AI model. For any definitive educational clarification that the AI does not satisfactorily resolve, the student may submit the question through the Platform's human support channels where such support is included in the subscribed plan.
10. Governing Law and Jurisdiction
These Terms shall be governed by and interpreted in accordance with the laws of the United States. Any legal dispute shall be submitted to the competent courts of the United States.
Notwithstanding the foregoing, because the service is offered to consumers residing in the Federative Republic of Brazil, this choice of law does not invalidate any non-waivable protections granted under the Brazilian Consumer Defense Code (CDC), and the User may bring claims before the competent courts of their place of residence in Brazil.