Terms of Service
MotionCove ("the Company") Terms of Service Last Updated: 2026-06-08 Welcome to MotionCove! Before you start racing, take a moment to read through these Terms of Service (the "Terms"). They cover how you use our website at MotionCove.com ("Site"), our coastal sim-racing game ("Game"), and everything else we offer through the Site and Game. We call all of this together the "Services." By using our Services, you're agreeing to these Terms. If you can't agree to them, please don't use the Services. Want to know how we handle your data? Check out our Privacy Policy. Now let's get racing!
1. Arbitration, Class Actions, Damages and Refunds.
IMPORTANT NOTICE REGARDING ARBITRATION: By agreeing to these Terms, you're also agreeing (with a few limited exceptions) to settle any dispute between you and us through binding, individual arbitration rather than going to court. Take a close look at Sections 13 ("GOVERNING LAW AND FORUM CHOICE") and 14 ("DISPUTE RESOLUTION") below—they explain how arbitration works, including how to opt out if you want to. These Terms also include a waiver of your right to bring a class action against us and put a cap on the damages you can recover, which may come up if you use the Services. By using the Services, you accept these provisions. If you don't, you can't install, copy, or use the Services. With a few limited exceptions (see Section 5), anything you buy from us stays bought—no refunds. 2. Changes to Terms or Services. We can update these Terms whenever we want. If we do, we'll let you know the way described in Section 15(d). You'll need to accept the new version to keep using the Services. Don't want to agree to the changes? Then, except as noted in Section 14(h) about arbitration, you can't use the Services anymore. Since we're always evolving things, we might also change, pause, or shut down any part of the Services at any time without warning. We also reserve the right to push out patches, updates, and upgrades on our own schedule.
3. Who May Use the Services and How?
(a) Eligibility. You can use the Services if you're at least 13 years old, legally able to enter into a binding contract, and not prohibited from using them under any law. (b) Game Platforms. You're probably accessing our Game through a software provider that acts as a download agent—think Steam and similar platforms ("Game Platforms"). To get our Game through a Game Platform, you need an account with them (a "Gaming Account"). When you set that up, their terms and conditions apply to your account and how you use our Services through them. If their terms conflict with these Terms, these Terms win. (c) Your Account. When you access our Services through a Game Platform, we get certain information about you from your Gaming Account, which you can read about in our Privacy Policy. We use that info to create an account for you (an "Account"), and you can add more information if the Services let you. (d) Accuracy of Account Information. Keep your Account info accurate and up to date—that includes updating things through your Gaming Account. If you don't, we might suspend or close your Account.
4. Company Content.
(a) Company Content. In these Terms, "Content" means anything posted or provided through the Services—text, graphics, images, music, software, audio, video, writing, and other materials. MotionCove and our licensors own everything in and about the Services and Content, including all the intellectual property that goes with it. (b) In-Game Content. We offer upgrades, add-ons, features, in-game currency, and other options through the Services ("In-Game Content"). That might be virtual currency, character skins, weapons or gear for your character, experience boosts, quest access, or anything else that makes the game better. Sometimes we tie this stuff to special events or "seasons" with their own rules. You can buy some In-Game Content, get it with a purchase, or unlock it through gameplay or events. All of it stays Company property. In-Game Content has zero real-world value and can't be traded, sold, cashed out, or refunded for actual money or anything worth money. You can't transfer or sell it either. Your access to In-Game Content is governed by the license in these Terms, and we can take it away anytime with no liability to you. There might be other restrictions on how you use it depending on how the Game works or what we tell you separately. To the extent the law allows, we can change, swap out, replace, pause, cancel, or remove any In-Game Content—including your ability to access it—without notice or owing you anything. (c) License Keys. We might sell or give you unique keys that let you play our Game through a Game Platform (a "License Key"). These are yours alone and can't be shared or resold. If we think you've committed fraud or broken these Terms, we can turn off your License Key or revoke your right to use the Game with it. License Keys don't convert to money or anything valuable. (d) Rights in Content Granted by Company. As long as you follow these Terms, MotionCove gives you a limited, non-exclusive, non-transferable license (no sublicensing allowed) to: (i) view the Content and any In-Game Content you've bought or got access to; (ii) if you have a valid License Key or bought the Game through a Game Platform, download and install it on a device you own or control. Both of those are just for using the Services the way we allow. You can't: (w) copy, change, or make derivative works from the Services; (x) give, transfer, sublicense, lease, lend, or rent the Services to anyone else; (y) reverse engineer, decompile, or take apart the Services; or (z) let multiple people use the Services through one account or setup. MotionCove keeps all rights to the Services, Game, and Content except what we explicitly give you here. (e) Streaming. Go ahead and stream your gameplay—we love it. Just follow these rules: (i) keep it non-commercial; (ii) don't charge viewers; (iii) stay within "T" ESRB guidelines or equivalent (so no swearing or nudity); (iv) no competitions without our written permission; and (v) if someone's sponsoring your stream, put "Sponsored By _______" (their name) in persistent text where people can see it. 5. Payments. When you buy our Game, a License Key, or In-Game Content through a Game Platform (each is a "Transaction"), you're authorizing the Game Platform (or their payment processor) to charge you. They might ask for info like your credit card number, expiration date, and billing address (all of that is "Payment Information"). The Game Platform's terms apply to your Transaction too. When you start a Transaction, you're letting the Game Platform share your Payment Information with third parties to complete it and charge your payment method for what you picked (plus taxes and fees). You might need to verify who you are before finishing (that's part of Payment Information). EXCEPT FOR THE GAME PLATFORM'S REFUND POLICY, YOUR PURCHASE IS FINAL—YOU CAN'T CANCEL IT OR GET YOUR MONEY BACK. That said, if something goes wrong during a Transaction, the Game Platform can cancel it for any reason and refund what you already paid. 6. Beta Testing. We sometimes offer beta versions of the Services ("Beta"). Betas aren't guaranteed to work right and might mess up your computer or device. When you use a Beta, you're also agreeing that: (a) MotionCove can automatically delete or change any software, data, Content, or stuff related to the Beta, including what's on your computer, anytime; (b) MotionCove can stop or cut off your Beta access whenever, making it unplayable; (c) if MotionCove stops the Beta, you'll delete your copy and everything you got from us for it; (d) you won't get paid or compensated for being in the Beta; and (e) participating in a Beta doesn't mean you get the full game—you might have to buy it separately. 7. General Prohibitions and Company's Enforcement Rights. You agree not to: (a) use the Services for commercial purposes (like running a sim-racing arcade) unless MotionCove says it's okay or these Terms specifically allow it; (b) do anything we think is objectionable (cheating counts), violent, discriminatory, or that ruins someone else's time with the Services, including harassing other players; (c) remove or get around anything that stops misuse; (d) mess with TCP/IP packet headers, email headers, or anything like that, or use the Services to send fake or misleading source information; (e) grab or store anyone else's personal info from the Services without asking them first; (f) break any laws or regulations; or (g) help or encourage anyone else to do any of the above. We're not required to monitor the Services or review Content, but we can do both to keep things running, make sure you're following these Terms, and obey the law. 8. Links to Third Party Websites or Resources. The Services might link to other websites or resources. We're just providing those links for convenience—we're not responsible for what's on those sites or what they offer. You're on your own if you use them. 9. Termination. We can stop your access to the Services anytime, at our discretion, without telling you first. If we do, these parts stick around: 4(a), 4(b), and 10 - 15.
10. Warranty Disclaimers.
(a) Disclaimers with Respect to Our Services and Content. THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITH NO WARRANTY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, PLUS ANY WARRANTIES FROM HOW THINGS ARE USUALLY DONE OR TRADED. We don't promise the Services will do what you want or run nonstop, securely, or without glitches. We also don't guarantee anything about the quality, accuracy, timing, truthfulness, completeness, or reliability of any Content. (b) Disclaimers with Respect to Third-Party Hardware. The Services, including the Game, might need third-party hardware like headsets, sensors, monitors, or input devices ("Third-Party Hardware"). MotionCove isn't responsible for that hardware or any damage or problems that come from using the Services with it. You're responsible for reading any warnings or instructions that come with the hardware and making sure your use of the Game complies with them. 11. Indemnity. You'll protect MotionCove and its officers, directors, employees, agents, contractors, and other representatives from any claims, disputes, demands, liabilities, damages, losses, and costs (including reasonable legal and accounting fees) that come from or connect to: (i) your use of the Services or Content, or (ii) you breaking these Terms.
12. Limitation of Liability.
(a) NEITHER MOTIONCOVE NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT IS LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES—INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, DATA LOSS, GOODWILL LOSS, SERVICE INTERRUPTIONS, COMPUTER DAMAGE, SYSTEM FAILURES, OR THE COST OF REPLACEMENT SERVICES—COMING FROM OR CONNECTED TO THESE TERMS OR YOUR USE (OR INABILITY TO USE) THE SERVICES OR CONTENT. THIS APPLIES NO MATTER THE LEGAL BASIS (WARRANTY, CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR ANYTHING ELSE) AND WHETHER OR NOT MOTIONCOVE KNEW SUCH DAMAGE WAS POSSIBLE. EVEN IF A LIMITED REMEDY HERE DOESN'T WORK AS INTENDED, THIS STILL APPLIES. SOME PLACES DON'T ALLOW EXCLUDING OR LIMITING THESE DAMAGES, SO THIS MIGHT NOT APPLY TO YOU. (b) SIM-RACING SOFTWARE, INCLUDING OUR GAME, AND THIRD-PARTY HARDWARE CAN AFFECT YOUR HEART RATE AND BREATHING, CAUSE MOTION SICKNESS, DISORIENTATION, OR MAKE EXISTING MEDICAL CONDITIONS WORSE. YOU ACCEPT THAT MOTIONCOVE ISN'T LIABLE FOR THESE RISKS, AND WE WON'T OWE YOU ANYTHING FOR PROBLEMS THAT COME FROM THEM. (c) MOTIONCOVE'S TOTAL LIABILITY FROM THESE TERMS OR YOUR USE (OR INABILITY TO USE) THE SERVICES OR CONTENT WON'T EXCEED WHAT YOU'VE PAID US FOR THE SERVICES OR CONTENT, OR ONE HUNDRED DOLLARS, WHICHEVER APPLIES (OR NOTHING IF YOU HAVEN'T PAID US). (d) THESE LIABILITY EXCLUSIONS AND CAPS ARE KEY TO WHY WE'RE OFFERING THE SERVICES AT THIS PRICE. 13. Governing Law and Forum Choice. These Terms and anything related to them are governed by the Federal Arbitration Act, federal arbitration law, and Washington State law (ignoring any conflict of law rules). Except as stated in Section 14 "Dispute Resolution," any Dispute (defined below) that doesn't have to go to arbitration will be handled only in state or federal court in Seattle, and both of us waive any objection to that venue.
14. Dispute Resolution.
(a) Mandatory Arbitration of Disputes. Any dispute, claim, or disagreement about these Terms, how we enforce them, or your use of the Services or Content (together, "Disputes") gets resolved through binding individual arbitration—not in a class action or group proceeding. Both of us agree the U.S. Federal Arbitration Act controls how this works, and we're both giving up the right to a jury trial or to join a class action. This arbitration clause stays in effect even after these Terms end. (b) Location of Arbitration. If you live in the U.S., arbitration happens in your state. (c) Exceptions. A couple of Disputes don't have to go to arbitration: (i) anything that qualifies for small claims court; and (ii) anything about us stealing or infringing your intellectual property. (d) Opt-out: You can opt out of arbitration entirely if you email info@motioncove.pro within 30 days of first agreeing to these Terms and tell us you want to litigate instead. (e) Conducting Arbitration and Arbitration Rules. The American Arbitration Association ("AAA") runs the arbitration under their Consumer Arbitration Rules ("AAA Rules"), unless we modify them here. You can find the AAA Rules at www.adr.org or call 1-800-778-7879. Whoever starts the arbitration submits a written Demand to the AAA and notifies the other side per the AAA Rules. The AAA has a form Demand at www.adr.org. For claims under $25,000, you pick whether it's documents only, phone/video, or in-person (per AAA Rules). For more than that, the AAA Rules decide. Hearings happen where you live, unless we both agree otherwise. The arbitrator has final say on interpreting and enforcing this arbitration agreement. (f) Arbitration Costs. The AAA Rules govern who pays filing, admin, and arbitrator fees. We cover all those costs if your claim is under $25,000, unless the arbitrator thinks it's frivolous. If we win, we pay our legal fees and won't ask you for them. If you win, you get your legal fees and expenses back as the law allows. (g) Class Action Waiver. YOU AND MOTIONCOVE AGREE TO BRING CLAIMS ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, NOT AS A CLASS MEMBER OR IN ANY CLASS OR REPRESENTATIVE CASE. The arbitrator can't combine anyone else's claims with yours or oversee any class-type proceeding. If this part doesn't hold up, the entire Dispute Resolution section becomes void. (h) Effect of Changes on Arbitration. Even though Section 1 says we can change these Terms, if MotionCove changes Section 14 after you first agreed, you can reject the change by emailing info@motioncove.pro within 30 days of when it took effect (check the "Last Updated" date or our email to you). If you reject it, you're agreeing to arbitrate under the version you originally accepted. (i) Severability. Except for the Class Action Waiver in Section 14(g), if a court or arbitrator says any part of these Terms is unenforceable, the rest still applies.
15. General Terms.
(a) Entire Agreement. These Terms and anything else mentioned in them make up the whole agreement between MotionCove and you about the Services and Content. They replace any earlier conversations or agreements between us. (b) Severability. The Terms will be read as broadly as the law allows. If any part is unenforceable, the rest keeps working. (c) No assignment. You can't assign or transfer these Terms to someone else. (d) Notices. MotionCove can send you notices or updates to these Terms (at our choice) by: (i) email; (ii) in the Game itself; or (iii) posting on our Site. (e) No Waiver. Neither of us gets additional rights just from what we do or don't do—only what's written here. If MotionCove doesn't enforce something in these Terms, that's not a waiver. Any waiver only counts if it's in writing and signed by someone authorized at MotionCove. Using one remedy doesn't stop us from using others. 16. Contact Information. Questions about these Terms or the Services? Reach out to info@motioncove.pro.