Motira
Motira Terms of Use
Effective date: October 30, 2026
IF YOU ARE IN CRISIS, MOTIRA CANNOT HELP YOU. GET HELP FROM A PERSON.
IN THE UNITED STATES, CALL OR TEXT 988 (Suicide & Crisis Lifeline), OR TEXT HELLO TO 741741 (Crisis Text Line). IF SOMEONE IS IN IMMEDIATE DANGER, CALL 911.
OUTSIDE THE UNITED STATES, find a crisis line at findahelpline.com, or call your local emergency number.
MOTIRA IS AN APP. IT IS NOT A CRISIS SERVICE, A THERAPIST, OR A MEDICAL PROVIDER. IT WILL NOT CALL ANYONE FOR YOU.
1. Agreement to these terms
Motira is provided by Kitefern Studios LLC (“Motira”, “we”, “us”). By downloading, installing or using Motira, you agree to these Terms. If you do not agree, do not use the app.
2. Who may use Motira
Motira is intended for adults. You must be 18 or older to use it. Motira does not verify age. We rely on you to tell us the truth about yours, and on the age rating shown on the App Store.
3. What Motira is, and what it is not
Motira is a personal wellness app. It offers breathing exercises, ambient audio and guided programs intended to help you relax, and Onni, a guide that points you to the right one based on what you type.
Motira is not a medical device. It is not designed to diagnose, prevent, treat or cure any condition or disease, and it does not provide medical advice, psychological advice, therapy, counselling or mental health services. Nothing in the app is a substitute for professional care. Please consult a trained and licensed medical professional about any health concern, and before acting on anything you read in the app.
We make no claim that Motira works. We do not represent that any feature, whether a breathing exercise, a sound, bilateral audio, a program or a suggestion from Onni, produces any therapeutic, clinical or health outcome for you.
Breathing exercises are physical exercises. Paced and extended breathing can cause dizziness, light-headedness or fainting. Do not use them while driving, operating machinery, swimming, or anywhere a loss of balance could injure you. If you have a respiratory, cardiovascular, neurological or blood-pressure condition, are pregnant, or have a seizure disorder, consult a healthcare professional before using them. Stop immediately if you feel unwell.
Audio can damage hearing. Use a comfortable volume. Some programs use audio that alternates between your left and right ears; if you have a seizure disorder or are sensitive to rhythmic stimulation, consult a healthcare professional before using them.
4. Onni
Onni is not a person and is not artificial intelligence. It is a fixed set of rules, written by us, that matches what you type to the breathing exercises, sounds and programs in Motira. Every reply Onni shows was written in advance. It is not a therapist, a counsellor or a crisis service.
Onni can misread you. It matches words and phrases, and will sometimes suggest something that does not fit what you meant or how you feel. Its suggestions are not advice of any kind.
What you type to Onni stays on your phone. It is not sent to us or to anyone else. See our Privacy Policy.
5. What we do, and do not do, if you mention self-harm or harming someone else
If a message appears to describe suicide, self-harm, or harming another person, Motira shows you crisis contact details instead of Onni’s usual reply, and ends that conversation. Starting a new conversation clears it.
You should assume this will sometimes fail in both directions. It is automated pattern matching, not judgement. It will miss real distress phrased in a way it does not recognise, and it will sometimes show crisis details to someone who is simply frustrated. We have deliberately chosen to err toward showing them too often.
We do not contact anyone. We do not notify emergency services, law enforcement, a family member or anyone else, and we keep no record that it happened. Motira has no way to reach you and will not try. If you or someone else is in danger, you must contact emergency services yourself.
6. Assumption of risk
You use Motira entirely at your own risk, and you voluntarily assume all risks arising from that use, including in particular:
(a) Breathing and movement. The risks described in section 3, including dizziness, light-headedness, fainting, and any injury resulting from them.
(b) Audio. Hearing damage, discomfort, and any reaction to rhythmic or bilateral audio.
(c) Onni. That Onni misreads what you type, or suggests something that does not help, upsets you, or does not suit your circumstances, and the consequences of acting on what it suggests.
(d) Crisis detection. That Motira may fail to recognise a message describing danger to you or another person, may respond to it in a way that does not help, and will not summon help.
(e) Delay. That time spent with an app is time not spent seeking care from a person who can actually help you.
You accept that Motira may not work, may be unavailable, and may stop working at any time.
7. Release of liability
To the fullest extent permitted by law, you release, waive and discharge Kitefern Studios LLC and its members, officers, employees, contractors and agents from any and all claims, demands, actions and causes of action, whether known or unknown, arising out of or relating to your use of Motira.
8. Disclaimer of warranties
Motira is provided “as is” and “as available”, without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that Motira will be uninterrupted, error-free, secure, or that any defect will be corrected.
9. Limitation of liability
To the fullest extent permitted by law, Kitefern Studios LLC will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, data, goodwill or other intangible loss, arising out of or relating to your use of or inability to use Motira, regardless of the theory of liability and even if we have been advised of the possibility.
To the fullest extent permitted by law, our total aggregate liability for all claims relating to Motira will not exceed the greater of the amount you paid us in the twelve months before the claim, or one hundred US dollars ($100).
Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you. Nothing in these Terms excludes liability that cannot lawfully be excluded.
10. Intellectual property
The Motira and Onni names, the app’s design, interface, written content, programs and code are owned by Kitefern Studios LLC and protected by applicable law.
The ambient audio is not ours. Substantially all of the audio in Motira is licensed from third-party providers and remains the property of its respective owners; we hold a licence to distribute it within the app, not ownership of it. You receive no rights in it.
You may not reverse-engineer, decompile, copy, modify, rent, sell, sublicense or redistribute Motira or any part of it, or extract the audio for any purpose.
11. Acceptable use
You agree not to use Motira in any way that is unlawful, and not to use it while driving, operating machinery, or in any situation requiring your attention. Do not use Motira in an emergency.
12. Subscriptions
Motira is free to download. Some content needs Motira Premium, an auto-renewing subscription sold by Apple through the App Store, monthly or annual, at the price shown in the app before you buy. Without it, Onni, the crisis resources and part of the content stay free.
Payment. Apple charges your Apple Account when you confirm the purchase or, if you start a free trial, when the trial ends. We never see or hold your payment details.
Renewal. The subscription renews automatically at the end of each period, at the current price, until you cancel. Apple charges for the renewal in the 24 hours before the period ends.
Free trials. Where a free trial is offered, the app shows its length and the price that follows before you buy. Unless you cancel at least 24 hours before the trial ends, the subscription starts and Apple charges you. Apple decides who is eligible for a trial; generally it is one per Apple Account.
Cancelling. Cancel at any time in your iPhone’s Settings (tap your name, then Subscriptions), or in Motira under Profile, Manage subscription. To avoid the next charge, cancel at least 24 hours before the renewal date. Premium stays on until the end of the period you have paid for. Deleting the app does not cancel the subscription.
Refunds. Apple handles all billing, including refunds, under its own terms. We cannot issue refunds. You can ask Apple for one at reportaproblem.apple.com.
Price changes. Apple tells you before a new price applies to your subscription, and you can cancel before it does. Founding members, who subscribed at the founding annual price, keep that price for as long as their subscription stays active. If it ends, a new subscription is at the price offered at that time.
Restoring. On a new phone or after reinstalling, use Restore purchase in Profile to bring back an active subscription.
Changes to content. We may add or remove content, and change what is free or part of Premium. A change does not shorten a period you have already paid for.
13. Apple
You acknowledge that these Terms are between you and Kitefern Studios LLC only, not with Apple, and that Apple is not responsible for Motira or its content. Apple has no obligation to provide any support or maintenance for Motira. Apple is not responsible for addressing any claim relating to Motira, including product liability, any failure to conform to a legal requirement, or any claim under consumer protection or similar law. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
14. Changes to these Terms
We may update these Terms. If we make a material change, we will update the effective date above and, where appropriate, tell you in the app. Continuing to use Motira after a change means you accept it.
15. Termination
You may stop using Motira at any time by deleting it. We may suspend or discontinue Motira, in whole or in part, at any time.
16. Governing law and dispute resolution
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT AND TO HAVE A JURY TRIAL, AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. IT CONTAINS AN OPT-OUT THAT YOU MAY EXERCISE WITHIN 30 DAYS.
16.1 Talk to us first
Before starting an arbitration or any other proceeding, you agree to try to resolve the dispute informally. Send a written notice to support@kitefern.com describing the dispute, what you want, and how to reach you. We will do the same if we have a dispute with you. Both sides agree to spend 60 days trying to resolve it before either starts a formal proceeding. This period pauses any applicable limitations period. A notice must be individual to you: a single notice covering many people does not satisfy this section for any of them.
16.2 Agreement to arbitrate
If the dispute is not resolved within 60 days, you and Kitefern Studios LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or to Motira will be resolved by binding individual arbitration rather than in court, except as set out in 16.3 and 16.4.
You and we are giving up the right to sue in court and the right to a jury trial, except as set out below. An arbitrator’s decision is final and enforceable in any court with jurisdiction.
16.3 What is excluded from arbitration
Either of us may bring:
(a) An individual claim in small claims court, if it qualifies and stays there.
(b) A claim for injunctive or other equitable relief to stop infringement or misuse of intellectual property.
16.4 Public injunctive relief
Nothing in this section waives any right to seek public injunctive relief. A claim for public injunctive relief may be brought in court. If such a claim is brought together with other claims, the other claims will be arbitrated first and the public injunctive relief claim stayed until the arbitration concludes.
16.5 Class action waiver
YOU AND KITEFERN STUDIOS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
The arbitrator may award relief only to the individual party seeking it, and only to the extent needed to resolve that party’s individual claim. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding.
16.6 How arbitration works
Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. The rules are at adr.org. If the AAA is unavailable or declines, you and we will agree on another established administrator, or a court may appoint one.
Where. If you live in the United States, the arbitration will take place in the county where you live, or by telephone, video or written submission at your choice. You will not be required to travel to another state.
Fees. Filing, administration and arbitrator fees are governed by the AAA Consumer Arbitration Rules, which place most of that cost on us. Where those rules require you to pay a filing fee and your claim is for $10,000 or less, we will pay your filing fee unless the arbitrator finds the claim frivolous. Each side otherwise bears its own attorneys’ fees, except where a statute or the arbitrator’s award provides otherwise.
The arbitrator may award any relief a court could award to that individual, subject to 16.5, and must issue a written decision explaining the essential findings.
16.7 Coordinated filings
If 25 or more substantially similar arbitration demands are filed against us by or with the assistance of the same counsel or coordinated entity, the demands will be administered in sequential batches of no more than 50, with a single arbitrator per batch, and the limitations period for the remaining demands is paused while earlier batches proceed. This paragraph does not create, and must not be read as creating, any class or representative proceeding, and either side may opt a batch into mediation.
16.8 Your right to opt out
You may opt out of this section 16 (other than 16.1 and the governing law sentence) by telling us within 30 days of first accepting these Terms. Send your name and a statement that you are opting out of arbitration to:
support@kitefern.com, subject line “Arbitration Opt-out”, or
Kitefern Studios LLC, ATTN: Arbitration Opt-out, 1401 21st St, Ste R, Sacramento, CA 95811
Opting out costs you nothing, does not affect your use of Motira in any way, and does not affect any other part of these Terms. If you opt out, disputes go to the courts identified in 16.10.
If we later materially change section 16, you may reject the change by the same method within 30 days of the change, and the version you accepted before will continue to apply to you.
16.9 If part of this section cannot be enforced
If 16.5 (the class action waiver) is found unenforceable as to a particular claim or request for relief, then this entire section 16 does not apply to that claim or request, which will instead be decided by a court under 16.10. The rest of section 16 continues to apply to all other claims. Class or representative arbitration is not agreed to and will not be conducted under these Terms in any circumstance.
If any other part of section 16 is found unenforceable, that part is severed and the remainder continues in effect.
16.10 Where court claims go
For any claim not subject to arbitration, or if you opt out under 16.8, you and we consent to the exclusive jurisdiction of the state and federal courts located in Contra Costa County, California, and waive any objection to venue there.
16.11 Survival
This section survives termination of these Terms and your deletion of Motira.
17. Contact
Kitefern Studios LLC, 1401 21st St, Ste R, Sacramento, CA 95811
support@kitefern.com