Privacy Policy

Protecting your private information is our priority. Here's a summary of our commitments to you:

  • We never sell your data.
  • We never advertise in Mote.
  • We don’t own the content you add to Mote.
  • We use the latest security industry best practices to protect you.
  • We are transparent about our practices and will notify you if things change.
  • We are compliant with FERPA, COPPA, GDPR and the Australian Privacy Act.

This Statement of Privacy applies to https://www.mote.com and the Mote browser extension, and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Mote include https://www.mote.com, the Mote browser extension, and all other applications provided by Mote Technologies, Inc. By using the Mote website, you consent to the data practices described in this statement.

Our Commitment To Protecting Childrens’ Privacy

Everyone at Mote takes the privacy of students and children extremely seriously. We do not intentionally target our services to students or children of any kind. Educators that have the authority to act on parents’ behalf may allow students under 13 to use our services and products, if such use is for educational purposes, and if this use ensures that students will not provide any personal information and will not share, or otherwise, distribute recordings containing personal information.

In order to provide the utmost level of data privacy and security for users under the age of 18, we require all users to indicate whether they are 18 years of age or older, or under 18 years of age, at the time that they sign-in. For those users under 18, we:

  1. Remove their email addresses and device-level IP addresses from any data shared with third parties.
  2. Remove them from any email communications, other than essential email notifications.
  3. Reserve the right to refuse to provide them with customer service support.
  4. Restrict access to certain features within the Mote product experience.
  5. Reserve the right to implement differentiated content retention policies for these users, through such methods that may include, but are not limited to, reducing the length of time that user content is available on the Mote service.
  6. Delete all user-generated mote content on the one-year anniversary of its creation.

At any time, you may correct, update, remove or request access to personal information we may have about you by sending an email request. Parents and educational institutions that have provided minor students with access to Mote may correct, update, remove or request access to the minor’s personal information by sending an email request to support@mote.com.

Please be advised that in an effort to further safeguard against unauthorized access to private information of our users, Mote has implemented verification procedures to ensure that those seeking access to such information are, in fact, legally entitled to do so (i.e., they are the account holder or authorized administrator from his/her/their educational institution). Those parents and educators/administrators with additional inquiries about these privacy policies may contact:

William Jackson,
CEO
Mote Technologies, Inc.
548 Market St
PMB 52828
San Francisco, California 94104-5401 USA
will@mote.com
Tel: +1 (205) 880-8969

What Data Do We Collect?

In order to provide you with products and services offered on our Site, Mote collects personally identifiable information from users 18 years of age or older, such as your First and Last Name and Email Address. If you purchase Mote's products and services, we collect billing and credit card information as well.Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Mote's public message boards, this information may be collected and used by others.We do not collect any personal information about you unless you voluntarily provide it to us.

How Do We Collect Your Data?

You directly provide Mote with most of the data we collect. We collect and process data when you:

  • Register for an account on our website.
  • Send us an email message
  • Submit your credit card or other payment information when ordering and purchasing products or services on our website.
  • Use or view our website.
  • Record your voice when utilizing the Mote browser extension.

How Will We Use Your Data?

Mote uses your data to:

  • Operate our website(s) and manage your account with us.
  • Deliver the products and/or services requested by you.
  • Inform you of other products or services available from Mote and its affiliates.
  • Send you additional Mote-related communications, such as user education bulletins, user surveys, and company updates.
  • Send you legally required communications.
  • Process and complete purchase transactions.
  • Provide online access to your audio recordings.

When Mote processes paid subscription orders, we may send your data to, and also use the resulting information from, credit reference agencies, solely for the purpose of preventing fraudulent purchases.

Legal Grounds for Processing EEA and UK User Data:

The European Union, or “EU,” includes the following countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden. The European Free Trade Association, or “EFTA,” is comprised of Iceland, Liechtenstein and Norway (excluding Switzerland). The European Economic Area, or “EEA”, collectively refers to the members of both the EU and EFTA.We only collect and process information about EEA users, (and UK users), if we are authorized to do so under applicable EU, (and UK), Laws. The legal grounds for doing so depend on the services you use and how you use them. This means that we only collect and use EEA user information under the following circumstances:

  • When necessary to provide the user with our services
  • When required by the user to operate / utilize the service provided
  • When needed to provide customer support to the user
  • When required to personalize features, but only when intended to protect the safety and security of services provided to the user;
  • When doing so satisfies a legitimate interest that is not overridden by the user’s data protection interests (i.e, for research and development; to market and promote our services or to protect our legal rights and interests);
  • When the user gives us consent to do so for a specific purpose; or
  • When the user data is required to comply with a legal obligation.

With Whom Do We Share Your Information?

Mote does not sell, rent or lease your information. We don’t share your information except with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Mote, and they are required to maintain the confidentiality of your information. Mote will only share user data - including student data - with third parties whose privacy policies are consistent with Mote's own policies as described herein. In particular, all of Mote's third party service providers are certified GDPR-compliant.

We maintain a list of these third party service providers. on our Help & Support site.

Mote may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Mote or the site; (b) protect and defend the rights or property of Mote; and/or (c) act under exigent circumstances to protect the personal safety of Mote users and/or the public.
If you are a paying customer or initiate our checkout process, contact and billing information is stored in Chargebee’s Level 1 compliant database. For more information about Chargebee’s security measures, click here.

Tracking User Behavior

Mote may keep track of the websites and pages our users visit within Mote, in order to determine what Mote services are the most popular. This data is used to deliver customized content within Mote to customers whose behavior indicates that they are interested in a particular subject area.

Mote may also keep track of the shared documents that users have accessed and used to create Mote content, in order to ensure that only authorized users can access this content outside of the source shared document, and to help users to organize and manage the content that they have created.

Mote does not sell personal information and does not collect, use or share such information for any purposes other than to provide the Mote service to you. Mote does not engage in advertising of any kind targeting minors, and in particular does not engage in behavorial targeting of advertising to minors.

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by Mote. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Mote website. Wherever possible and practicable, we will anonymize IP addresses using such methods as, by way of example only, removing the last three digits.

Cookies And Other Personalization Technologies

Mote may use various technologies to collect and store your information, including cookies, pixel tags, local storage application data caches, and server logs, to help you personalize your online experience. (collectively "Cookies"). A Cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
Most Web browsers automatically accept Cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Mote services or websites you visit.

What Types of Cookies Do We Use?

We use cookies to make our products and services function as needed by our users, and to ensure we can continue to improve our products and services. We do not use cookies for the purposes of advertising or commercially exploiting user information.

  • “Essential Cookies” or “First Party Cookies” are sometimes referred to as “strictly necessary,” because we cannot provide the functionality that our users need to use our services without them. For example, Essential Cookies may ensure that we know whether you have registered with us, and whether you have confirmed your age with us.
  • “Analytics Cookies” track information about visits to the Mote website so that we can make improvements and report our performance. For example, these cookies allow us to analyze the number of times users listen to Mote content or read help site articles.

To learn more about cookies, go to www.allaboutcookies.org.

Links

Our website and some products/services contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally-identifiable information.

Security of your Personal Information

Mote securely stores your personal information from unauthorized access, use, or disclosure at our Cloud Storage service provider, Amazon Web Services, in Oregon, USA. Mote uses the following methods for this purpose: - SSL Protocol and password protection of all data storage systems. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

We delete inactive accounts, including all personal information and content, after one year. Information on content retention for active users can be found here.

Mote takes various security measures—physical, electronic, and procedural—to help defend against the unauthorized access, alteration and/or disclosure of your personal information. In addition to the restrictions discussed in this Privacy Policy, our employees are required to comply with information security safeguards, and our systems are protected by technological measures to help prevent unauthorized individuals from gaining access. Mote employees are trained to observe and comply with applicable country, regional and local privacy laws in the handling, processing, and storage of your information.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

Mote will allow a successor entity to maintain user data, in the case of our merger or acquisition by another entity, provided the successor entity agrees to be bound to these same commitments for the previously collected user data. If a successor entity is unable or unwilling to make such a commitment, Mote will provide notification to users and account administrators, consistent with the commitments made under the 'Changes to this Statement' section below.

In the unlikely event that Mote goes out of business or files for bankruptcy, we will protect your personal information and not sell it to any third party.

Breach Policy

In the unlikely event that Mote comes to suspect a breach of the robust protective measures we have in place with respect to the data we collect, we will carry out an expeditious assessment of whether someone has, in fact, obtained unauthorized access to your protected data. For purposes of this policy, a breach is any unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information that we maintain.
If we determine that a breach has occurred, or even if we conclude that it’s reasonably likely to have taken place, we will immediately send you notice setting forth the following information:

  1. Date of the breach;
  2. Types of information subject to the breach;
  3. A description, in clear and plain language, of the nature of the breach, what occurred, and all reasonably likely consequences of the breach;
  4. Steps we are taking and those proposed to be taken to address the breach (including, where appropriate, any measures to mitigate its possible adverse effects); and
  5. The name and contact information of a designated Mote representative that you can contact to discuss the matter further, ask questions, request further information, etc...

Should your use of Mote be part of a formal arrangement with a school district or other educational agency (regardless of whether your relationship with that institution is as a student, teacher, administrator, staff member, or something else), we will also provide the same notice via email and telephone to those person(s) designated by the district/agency for receipt of such information. In such an instance, you may receive notice of the breach described above directly from the district/agency on our behalf.

In either case, and regardless of whether we determine that a breach has actually occurred or not, we will adhere to all national, state and local data breach regulations applicable to the impacted user(s), which may include providing notice to legal authorities, as mandated by the laws of your country and/or regional/local jurisdiction.

For ease of reference, users in Australia, Canada, England and the United States may learn more about the privacy laws, rules and regulations enforced by their respective federal agencies by visiting the corresponding website listed below:

Australia: Office of the Australian Information Commissioner

Canada: Office of the Privacy Commissioner of Canada

United Kingdom: Information Commissioner's Office

United States: Federal Trade Commission

Email Communications

From time to time, Mote may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Mote or click on a link therein.

If you would like to stop receiving marketing or promotional communications via email from Mote, you may opt out of such communications by clicking on the Unsubscribe link.

Changes to this Statement

Mote reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information in the following ways:

  • Sending a notice to your primary email address, and to authorized account administrators in the case of minors
  • Placing a prominent notice on our site and our applications, and requiring your acknowledgement in order to proceed with use
  • Updating any privacy information on this page.

Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
In the event that you do not agree with the changes in Policy you will be entitled to a refund for any remaining period of active subscription, and to have your account and all of your data permanently deleted.

How to contact us

If you have any questions about Mote’s privacy policy, the data we collect, or if you would like to exercise one of your data protection rights, please do not hesitate to contact us by email at support@mote.com.

What Are Your Data Protection Rights?

Mote would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

  • The right to access - You have the right to request copies of your personal data from us. We may charge you a small fee for this service.
  • The right to rectification - You have the right to request that Mote correct any information you believe is inaccurate. You also have the right to request that Mote complete information you believe is incomplete.
  • The right to erasure - You have the right to request that Mote erase your personal data, under certain conditions.
  • The right to restrict processing - You have the right to request that Mote restrict the processing of your personal data, under certain conditions.
  • The right to object to processing - You have the right to object to Mote’s processing of your personal data, under certain conditions.
  • The right to data portability - You have the right to request that Mote transfer the data that we have collected to another organization, or directly to you, under certain conditions.

You may correct, update, remove or request access to your personal information that we collect by sending a request to support@mote.com. We may not be able to completely remove your personal information from our systems in certain circumstances. For example, we may retain your personal information for legitimate business purposes, if it may be necessary to prevent fraud or future abuse, or if required by law.

Contact Information

Mote welcomes your questions or comments regarding this Statement of Privacy and the data we collect. If you believe that Mote has not adhered to this Statement, or if you would like to exercise any of the rights listed above, you may always contact us at support@mote.com. We will respond to all requests as soon as reasonably possible, and in all instances no longer than thirty days after receipt.

If you are a US customer and have any additional questions, or should you wish to file a complaint related to our privacy policy and practices, or if you feel that Mote has not addressed your concern in a satisfactory manner, you may contact the iKeepSafe Safe Harbor program dedicated consumer complaint division at COPPAPrivacy@ikeepsafe.org.

Effective as of September 15, 2020*

* Amended for clarification and compliance with Student Privacy Pledge as of April 6, 2022

Our Pledge

One of the best things about starting a new company is being able to design - both in your products and your company culture - the things you care about, and the values you hold.

When we started Mote, we knew we wanted to build a product that we would love to use ourselves, and that we hoped others would find valuable. We also wanted a business model that supported the kinds of business practices that we believe in, and that wouldn't distract us from focusing on the most important people: you, our users.

For us, making privacy a core part of our product and company culture was an easy decision: it's what we would want from any product, any company we work with. Mote has been developed by our small team working in the United States and the United Kingdom.

Mote is a US company, but we are trying hard to think globally and embrace users from all over the world. We don’t own your content, and we'll never show you an ad or hand over your information to anyone who intends on doing so. Our business model is simple: we make money from selling subscriptions. That’s it.

Should you have any questions or concerns, please feel free to email us at support@mote.com.

Happy moting,
The team at Mote

Mote is a signatory to the 2020 Student Privacy Pledge.

iKeepSafe
has certified Mote as fully compliant with COPPA, FERPA and CSPC. This is the most secure level of certification for educational technology products.For more information, check out our Privacy Policy, Data Security Policy, and Terms of Service.

Terms & Conditions

This Agreement is between you ("User") and Mote Technologies, Inc.

The https://mote.com website and associated mote browser extension and applications (the "Site") is comprised of various web pages operated by Mote. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Mote allows its users to create, share, read and listen to audio recordings and other media content, and to comment on audio recordings and media content provided by other users.

Privacy

Your use of https://mote.com is subject to Mote's Privacy Statement. Please review our Privacy Statement, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://mote.com, creating content with the mote extension or sending emails to Mote constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mote is not responsible for third party access to your account that results from theft or misappropriation of your account. Mote and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Users Under Age Eighteen

Mote requires all logged-in users to indicate whether they are 18 years of age, or under 18 years of age, at the time that they sign-in. Users under the age of 18 will receive a more limited Mote experience, with certain features and email communications disabled. We are undertaking all practicable steps to anonymize the activity of users under the age of eighteen. More information can be found in our Privacy Statement.

Cancellation/Refund Policy

You may cancel your Mote account at any time by emailing support@mote.com.

Links to Third Party Sites/Third Party Services

https://mote.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Mote and Mote is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mote is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mote of the site or any association with its operators. Certain services made available via https://mote.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://mote.com domain, you hereby acknowledge and consent that Mote may share such information and data with any third party with whom Mote has a contractual relationship to provide the requested product, service or functionality on behalf of its users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://mote.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Mote that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Mote or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Mote content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Mote and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mote or our licensors except as expressly authorized by these Terms.  

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Mote has no obligation to monitor the Communication Services. However, Mote reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Mote reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Mote reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mote's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Mote does not control or endorse the content, messages or information found in any Communication Service and, therefore, Mote specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Mote spokespersons, and their views do not necessarily reflect those of Mote.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to mote.com or posted on any Mote site

Mote does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Mote Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Mote, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Mote is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Mote's sole discretion.  

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.  

Third Party Accounts

You are able to connect your Mote account to third party accounts, in particular to your Google account. By connecting your Mote account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites).

International Users

The Service is controlled, operated and administered by Mote Technologies, Inc. (Delaware) from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Mote Content accessed through https://mote.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Mote, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Mote reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mote in asserting any available defenses.  

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.  

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Mote agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.  

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MOTE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MOTE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MOTE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOTE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOTE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  

Termination/Access Restriction

Mote reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mote as a result of this agreement or use of the Site.

 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mote as a result of this agreement or use of the Site. Mote's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mote's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Mote with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mote with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mote with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Mote reserves the right, in its sole discretion, to change the Terms under which The Site is offered, for example to reflect changes to the law or changes to our Services. The most current version of the Terms will supersede all previous versions, and we will notify you about material changes by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and by updating this page.  

Contact Us

Mote welcomes your questions or comments regarding the Terms: support@mote.com

Effective as of May 10, 2020

Data Security

Safeguarding the data of all Mote users is of foundational importance to our business. Our Privacy Policy and Terms of Service, developed to meet the most stringent legal and ethical requirements of educational users, guide and inform our data security policy and practices. Our core commitments to you are:

  • We never sell your data.
  • We never advertise in Mote.
  • We don’t own the content you add to Mote.
  • We use the latest security industry best practices to protect you.
  • We are transparent about our practices and will notify you if things change.
  • We are compliant with FERPA, COPPA, GDPR and the Australian Privacy Act.
  • We are committed to regularly auditing our privacy and security practices in partnership with respected independent organizations.

Infrastructure Security - Encryption at Rest and In Transit

All access into, within Mote services and its contracted 3rd party suppliers uses TLS v1.2+ higher. All end-user facing services are hosted on AWS and provided through CloudFront and Elastic Load Balancer. We also use HTTP Strict Transport Security to ensure pages are served over secure connections.

All personally identifiable information (PII) which we directly manage in AWS DynamoDB, which itself encrypts at rest. Media (audio MP3s) is stored in AWS S3 and encrypted in transit through CloudFront. We contract billing services from Chargebee to manage credit card data, who provide similarly strong encryption in transit and at rest warranties. We use Amplitude for product analytics to understand our customers and improve our services, with annual SOC 2 Type 2 Certification and AES-256 encryption. Finally, we use Customer.io for email messaging (solely to 18+ users) who encrypt in transit.

Network Security

Our services run inside AWS in a dedicated VPC, primarily on EC2 and DynamoDB, for which AWS assures compliance to the strictest security standards including ISO 27001, SOC2, PCI DSS Level 1 and FISMA with the help of external auditors. More details available at AWS

Our raw primary data store of PII is DynamoDB. Access to DynamoDB is restricted to essential operational staff who have undergone background checks. Where PII data is sent to downstream platforms, including Amplitude for product analytics and Customer.io for email communication, student data is anonymised and/or redacted to the greatest extent possible.

Backups and Availability Control

User data in DynamoDB is backed up using AWS built-in backup tools. Similarly, our media in S3 is backed up to buckets in different regions. Our EC2 servers run on redundant infrastructure with significant excess capacity for demand fluctuations.

Datadog is contracted for automated monitoring and alerting, and identification of service anomalies. We additionally use Sentry to assist in monitoring quality of user experience.

Physical Security

All service data resides in our own cloud or contracted 3rd party software-as-a-service cloud infrastructure.

Access to code, configuration and service data is restricted to current staff wht multi-factor authentication (MFA) provided by Google Workspace and Github. Access is differentiated by role with maximum restrictions being applied to DynamoDB user data store.

For more information, check out our Privacy Policy and Privacy Center

GDPR in the UK

For schools in the United Kingdom, we have a GDPR-compliant data processing agreement (DPA) template. If you would like to put a DPA in place, please complete the template linked below, and email to schools@mote.com for counter-signature.

Get DPA template