Terms of Service

These Terms of Service ("Agreement") govern your access to and use of the MotorX dealer management software platform ("Platform") provided by MotorX (Pty) Ltd, a company registered in the Republic of South Africa ("we", "us", or "MotorX"). By accessing or using the Platform, you agree to be bound by this Agreement.

1. Definitions

• "Dealer" or "You" means the car dealership entity that has subscribed to the Platform.
• "Platform" means the MotorX SaaS software including all features, APIs, and associated services.
• "Subscription" means the monthly access plan selected by the Dealer.
• "User" means any employee or agent of the Dealer who is granted access to the Platform.

2. Platform Access & Subscription

Subject to payment of the applicable Subscription fee, MotorX grants the Dealer a non-exclusive, non-transferable, revocable licence to access and use the Platform for the Dealer's internal business purposes only. The Platform is provided on a software-as-a-service basis; no software is sold or transferred to the Dealer.

3. Subscription Fees & Payment

• Subscriptions are billed monthly in advance and invoices are due on receipt.
• All prices are quoted in South African Rand (ZAR). MotorX is not VAT registered; no VAT is charged on invoices.
• A R500.00 monthly administration fee is applied to overdue accounts; no interest is charged.
• Subscriptions auto-renew monthly until cancelled with 30 calendar days' written notice to legal@motorx.co.za.

4. Acceptable Use

You may not use the Platform to:

• Violate any applicable South African law or regulation, including the Consumer Protection Act and NCA.
• Send unsolicited commercial communications (spam) via the WhatsApp or email features.
• Upload or process data in contravention of POPIA.
• Attempt to reverse-engineer, decompile, or access the source code of the Platform.
• Resell, sublicense, or white-label the Platform without MotorX's prior written consent.

5. Service Suspension & Termination

MotorX may restrict or suspend access to the Platform if: (a) payment is overdue by more than 14 days; (b) you breach a material term of this Agreement; or (c) continued access poses a security or legal risk. Full suspension occurs on Day 21 of non-payment. Reinstatement requires payment of all arrears plus a R500 reinstatement fee.

6. Intellectual Property

All intellectual property in the Platform, including software, trademarks, trade names, logos, documentation, and proprietary algorithms, is and remains the exclusive property of MotorX or its licensors. This Agreement does not grant you any intellectual property rights except the limited access licence described in clause 2.

7. Data & Privacy

Your data remains your property. MotorX processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Please read our POPIA Notice and Privacy Policy for full details. Upon termination, your data is retained in read-only format for 90 days before being securely deleted.

8. Limitation of Liability

To the maximum extent permitted by law, MotorX's aggregate liability to you for any claim arising out of or in connection with this Agreement is limited to the total Subscription fees paid by you in the 3 months preceding the claim. MotorX is not liable for any indirect, consequential, special, incidental, or punitive damages, including loss of revenue or profit.

9. Governing Law & Disputes

This Agreement is governed by the laws of the Republic of South Africa. Any dispute shall be resolved in the Magistrates' Court or High Court having jurisdiction. This Agreement constitutes a valid and binding electronic contract in terms of the Electronic Communications and Transactions Act 25 of 2002 (ECTA).

10. Amendments

MotorX reserves the right to amend these Terms at any time. Material changes will be communicated with at least 30 days' notice. Continued use of the Platform after the effective date of the change constitutes acceptance.

11. Contact

For legal enquiries: legal@motorx.co.za
MotorX (Pty) Ltd  |  South Africa