Terms of Service

• “We”, “Us”, “Our”, and “Motionairy” refer to the operator of the website https://motionairy.com, including its owner Bo Machiel Bregman and any authorized collaborators
• “You” or “Client” means any individual or entity accessing or using our website or services.
• “Services” means all creative and digital production work offered via the Motionairy website or by direct engagement (e.g., video editing, animation, post-production).
• “Deliverables” refers to the final digital files or assets provided to the Client upon project completion.

These Terms govern all use of the site and any related interactions, including inquiries made via Discord or email.

We do not use email for direct client communication. All inquiries, discussions, and service arrangements are handled via Discord or Telegram. The website is primarily a showcase of our portfolio, service offerings, and general information.

When a client submits an inquiry through the website, further communication will continue on Discord or Telegram. The website itself is not used for ongoing support or service delivery.

You may use this website for viewing our portfolio, service information, and submitting initial inquiries. You agree not to misuse the website or its content in any of the following ways:

• Attempting to gain unauthorized access to any systems or data;
• Engaging in activity that disrupts or interferes with the website’s availability;
• Using website forms or content for automated scraping, spam, or unsolicited messaging;
• Republishing or redistributing the website’s content or portfolio without permission.

The website does not offer logins, interactive tools, or hosted services beyond basic contact and display of creative work.

To ensure a smooth project workflow, you agree to:

• Provide a clear and complete brief before the project begins.
• Supply all necessary materials, such as logos, brand assets, or content, in the appropriate format.
• Respond to requests for feedback or approvals within a reasonable timeframe (typically 48 hours unless agreed otherwise).
• Designate a single point of contact if working on behalf of a business or team.

You confirm that you have the rights or licences for all assets you provide. We are not liable for copyright or licensing issues relating to your submitted materials.

Unless otherwise stated in writing, all projects include up to two rounds of revisions.

Requests that go beyond the original scope (such as new features or significant content changes) may incur additional charges and affect delivery timelines. All revision requests must be submitted within 7 days of delivery.

Motionairy reserves the right to assess whether a request constitutes a revision or a new task.

Unless otherwise agreed in writing, all trailers or visual projects delivered by Motionairy will include a small attribution text (“made by motionairy.com”) at the bottom of the end screen of the project. This is applied subtly and non-intrusively, and can be removed or modified at the client’s request before final delivery.

All prices are quoted in US Dollars (USD) unless otherwise agreed. Payments are processed exclusively via PayPal.

Full payment is typically required before the project begins unless an alternate structure has been approved.

All purchases are final. Refunds are only issued under the strict conditions outlined in our Refund Policy. By purchasing services, you agree to those refund terms. View the full Refund Policy here: https://motionairy.com/refund-policy.

We take your privacy seriously. By using our services, you consent to the collection and processing of personal data as outlined in our Privacy Policy.

Motionairy complies with the EU General Data Protection Regulation (GDPR). Personal information you provide will only be used to manage your project, communicate with you, and deliver agreed services.

Read the full Privacy Policy here: https://motionairy.com/privacy-policy.

The intellectual property in the materials contained in this website are owned by or licensed to Motionairy and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

While the client receives full rights to the final trailer and all deliverables, Motionairy retains the right to reuse any underlying components that were developed as part of its internal toolkit. This includes, but is not limited to, text animations, transitions, sound effects, or motion presets. These elements are not considered exclusive to the project and may be used in future work or other client projects. Unless otherwise agreed in writing.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Motionairy at any time.

Unless otherwise agreed, Motionairy reserves the right to showcase the completed project or segments of it in its public portfolio, including but not limited to YouTube (https://www.youtube.com/@motionairy_com), social media platforms, and pitch reels. No confidential or unpublished content will be included without prior consent.

Our website, YouTube portfolio, and the materials presented there are provided on an 'as is' basis. To the extent permitted by law, Motionairy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Motionairy, its owner, or its contractors be liable for any indirect, incidental, special, or consequential damages, including loss of data, business interruption, lost revenue, or anticipated profits — even if advised of the possibility of such damages.

To the maximum extent permitted by law, our total liability shall be limited to the total amount paid by you for the specific service giving rise to the claim.

In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

The materials appearing on our website or YouTube portfolio are not comprehensive and are for general information/showcase purposes only. Motionairy does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

You agree to indemnify, defend, and hold Motionairy, its owner, affiliates, and contractors harmless from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of:

• Your use of our services or website;
• Your breach of these Terms;
• Any content you provide that infringes on the rights of a third party (including intellectual property);
• Your violation of any applicable laws or regulations.

We reserve the right to assume the exclusive defence of any claim for which you are required to indemnify us. You agree to cooperate with our defence at your expense.

The content available on our website may occasionally contain typographical errors, inaccuracies, or omissions related to service descriptions, pricing, or availability. We reserve the right to correct such errors, and to cancel or update services if any information is found to be inaccurate, at any time and without prior notice. We are not obliged to clarify or update information, including pricing, except as required by law.

Motionairy has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Motionairy of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Our website and communication channels may contain links to or integrations with third-party tools or platforms, including Discord, PayPal, Dropbox, and others. These tools are provided “as is” without warranties, endorsements, or guarantees.

We are not responsible for the operation or content of third-party services. Use of such tools is at your own risk, and we recommend reviewing their respective Terms of Service.

We may suspend or terminate your access to our services or ability to submit new inquiries, and enforce these Terms immediately, upon notice of a material breach.

Motionairy reserves the right to update, change, or discontinue any part of its services, website, or digital content without prior notice.

We will make reasonable efforts to inform existing clients of changes that may impact active projects or account access.

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

These Terms of Service are governed by and construed in accordance with the laws of Netherlands. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

These Terms of Service, along with our Privacy Policy, Refund Policy, and any other legal notices posted on our website, constitute the entire agreement between you and Motionairy.

Our failure to enforce any part of these Terms does not waive our right to enforce it later.

These Terms do not create any partnership, joint venture, employment, or agency relationship.

By using our website or services, you agree that these Terms have the same legal force as a signed contract.

By agreeing to these Terms of Service, you also agree to be bound by our Privacy Policy, Refund Policy, Cookie Policy, and Acceptable Use Policy. Please review each of these policies carefully before proceeding with any service engagement.