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Terms of Service

Last updated: March 2026

1. Acceptance of Terms

By accessing or using Team Motivator ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not access or use the Service.

You must be at least 18 years of age to use this Service. In terms of the Protection of Personal Information Act 4 of 2013 ("POPIA"), a "child" means a natural person under the age of 18 years, and we do not knowingly collect or process the personal information of children. If you become aware that a person under 18 has created an account, please notify us immediately at support@nexpillar.co.za.

If you are entering into these Terms on behalf of an organisation, company, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" and "your" refer to that entity.

2. Who We Are

Team Motivator is operated by NEXPILLAR (Pty) Ltd (Reg. 2026/238837/07) ("we", "us", or "our"). The following disclosures are provided in compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"):

3. Description of Service

Team Motivator is a web-based team performance tracking platform provided as a hosted software-as-a-service ("SaaS") application. It provides a visual "marble jar" system for tracking wins and losses within organisations. The Service includes the following features:

  • Marble tracking (wins and losses)
  • Category management
  • Team management
  • Milestone tracking
  • Reporting and analytics
  • Role-based access control

A free tier is available with core features. Paid tiers with additional features — such as team management, advanced reporting, and data export — are planned. Current plan details and pricing (when available) are published on our pricing page.

4. Account Responsibilities

When you create an account, you agree to:

  • Provide accurate, current, and complete registration information, and keep it updated.
  • Maintain the security and confidentiality of your password and login credentials.
  • Notify us immediately of any unauthorised access to or use of your account at support@nexpillar.co.za.
  • Accept responsibility for all activity that occurs under your account, whether or not authorised by you.
  • Not share your account credentials with any other person or entity.

Organisation administrators are responsible for managing user access within their organisation, including inviting users, assigning roles, and revoking access when appropriate. We are not responsible for any loss or damage arising from your failure to maintain the security of your account.

5. Acceptable Use

You agree to use Team Motivator only for lawful purposes and in accordance with these Terms. You must not:

  • Attempt to circumvent any security measures, access controls, or authentication mechanisms.
  • Upload, transmit, or introduce malicious code, viruses, or any other harmful content.
  • Use the Service to harass, abuse, harm, threaten, or defame any person or entity.
  • Scrape, crawl, data-mine, or reverse-engineer any part of the application or its underlying systems.
  • Use the Service to process or store data in violation of any applicable law, including POPIA or the Cybercrimes Act 19 of 2020.
  • Create multiple free-tier accounts to circumvent plan limitations or feature restrictions.
  • Interfere with or disrupt the integrity, performance, or availability of the Service or its underlying infrastructure.
  • Use the Service for any purpose that is unlawful, fraudulent, or harmful to us or to any third party.

We reserve the right to investigate suspected violations of these Terms and may suspend or terminate accounts that we determine, in our reasonable discretion, have breached these provisions. Where required by law, we will report violations to the relevant authorities.

6. Data Ownership

You retain full ownership of all data you create within Team Motivator. We do not claim any ownership of your team data, marble entries, categories, notes, or any other content you produce through the Service.

By using the Service, you grant us a limited, non-exclusive, royalty-free licence to process, store, and display your data solely for the purpose of providing and improving the Service. This licence terminates when you delete your data or your account, subject to any retention obligations described in our Privacy Policy.

We use your data only as described in our Privacy Policy. We do not sell your data to third parties, and we do not use your data for advertising purposes. Upon account deletion, your data is handled in accordance with the data retention schedule set out in our Privacy Policy.

7. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free access. We may perform scheduled maintenance with reasonable advance notice where possible. Unplanned outages may occur due to factors beyond our control.

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by applicable South African law.

We are not liable for any loss or damage resulting from service interruptions, whether planned or unplanned, except to the extent that such loss arises from our gross negligence or wilful misconduct.

8. Free and Paid Plans

Team Motivator offers a free tier with core features at no cost. Paid plans (Pro and Enterprise) are planned and will offer additional features such as team management, advanced reporting, and data export. Current plan details and pricing (when available) are published on our pricing page.

  • Free plan features may change with reasonable advance notice.
  • We will not retroactively remove core features from existing free-tier accounts without offering a reasonable migration path.
  • Paid plan terms, including billing cycle and accepted payment methods, will be communicated clearly at the time of purchase.
  • We reserve the right to modify pricing with reasonable notice to existing subscribers.

9. Cooling-Off Rights (ECTA Section 44)

In terms of Section 44 of the Electronic Communications and Transactions Act 25 of 2002, if you are a natural person who has purchased a paid subscription and you are not acting in the ordinary course of business, you have the right to cancel that subscription within 7 (seven) days of the date on which you subscribed, without reason and without penalty.

To exercise this cooling-off right, you must notify us in writing at support@nexpillar.co.za within the 7-day period. Upon receipt of a valid cancellation notice under this section, we will process a full refund of any payment made within 30 days.

This cooling-off right does not apply to:

  • The free tier, as no payment is involved.
  • Juristic persons (companies, close corporations, trusts, and other legal entities), which are excluded from this right under ECTA.

After the 7-day cooling-off period, cancellation and refunds are governed by Section 10 (Cancellation and Refunds) below.

10. Cancellation and Refunds

Free tier: You may delete your account at any time from within the application settings. No refund applies as no payment was made.

Paid plans (when available): You may cancel your paid subscription at any time. Upon cancellation:

  • You will retain access to paid features until the end of your current billing period.
  • No refund is provided for any unused portion of a billing period, except where the cooling-off right in Section 9 applies or where required by law.
  • Fixed-term subscription agreements, if offered, will not exceed 24 (twenty-four) months in duration, in accordance with Section 14 of the Consumer Protection Act 68 of 2008.

Account deletion and data: When you delete your account, a 30-day grace period applies during which your organisation administrator may recover the account. After this period, your personal data is permanently anonymised or deleted in accordance with our Privacy Policy and applicable law. Certain data may be retained where required by law (such as audit records or financial records).

11. Termination

Termination by you: You may stop using the Service at any time and delete your account from within the application. Organisation owners may delete the entire organisation, which will remove all associated user accounts and data, subject to the 30-day grace period described in Section 10.

Termination by us: We may suspend or terminate your account, with or without notice, if:

  • You breach any provision of these Terms.
  • Your use of the Service poses a security risk to other users or to the integrity of the Service.
  • Your account has been inactive for more than 12 (twelve) consecutive months, in which case we will provide at least 30 days' prior written notice before deletion.
  • We are required to do so by applicable law or by order of a court or competent authority.

Where reasonably practicable, we will provide you with notice before suspension or termination and give you an opportunity to export your data.

Effect of termination: Upon termination, your right to access and use the Service ceases immediately. Data retention and deletion following termination are governed by our Privacy Policy. The following sections of these Terms will survive termination and continue to apply: Section 6 (Data Ownership), Section 12 (Limitation of Liability), Section 13 (Indemnification), and Section 14 (Governing Law and Disputes).

12. Limitation of Liability

To the maximum extent permitted by applicable South African law, Team Motivator and its operators, directors, employees, and agents shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or cost of substitute services, arising out of or in connection with your use of or inability to use the Service, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for all claims arising out of or relating to the Service is limited to the greater of:

  • The total amount you paid us in the 12 (twelve) months immediately preceding the event giving rise to the claim; or
  • R500 (five hundred South African Rand).

Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by our negligence.
  • Fraud or fraudulent misrepresentation.
  • Gross negligence or wilful misconduct.
  • Any liability that cannot be lawfully excluded or limited under the Consumer Protection Act 68 of 2008, POPIA, or any other applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Team Motivator, its operators, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your access to or use of the Service.
  • Your violation of any provision of these Terms.
  • Your violation of any applicable law or regulation.
  • Any content or data you submit, upload, or transmit through the Service.
  • Any claim by a third party arising from your use of the Service.

This indemnification obligation does not apply to the extent that any claim arises from our own negligence, wilful misconduct, or material breach of these Terms.

14. Governing Law and Disputes

These Terms are governed by, and construed in accordance with, the laws of the Republic of South Africa. Any dispute arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

We do not require mandatory arbitration or impose foreign jurisdiction clauses. Our dispute resolution process is designed to be fair and accessible in accordance with the Consumer Protection Act 68 of 2008 and applicable South African consumer law.

Before initiating any formal legal proceedings, both parties agree to attempt in good faith to resolve any dispute through direct communication. You may contact us at support@nexpillar.co.za. We will endeavour to acknowledge your complaint within 5 business days and propose a resolution within a reasonable timeframe.

Nothing in this section prevents you from lodging a complaint with the Information Regulator of South Africa (in matters relating to personal information), the National Consumer Commission, or any other regulatory body with jurisdiction over your complaint.

15. Changes to Terms

We may update these Terms from time to time to reflect changes in our practices, the Service, or applicable law. When we make material changes, we will notify registered users by email using the address associated with your account. We will also update the "Last updated" date at the top of this page.

Your continued use of Team Motivator after updated Terms are posted constitutes your acceptance of the updated Terms. If you do not agree with any updated Terms, you should stop using the Service and may delete your account at any time.

16. Contact

If you have questions about these Terms, wish to exercise any of your rights, or want to report a concern, please contact us through any of the following channels:

We aim to respond to all enquiries within 30 days of receipt.