Last updated: 8 October 2026 · Effective: 8 October 2026
These Terms & Conditions ("Terms") govern your access to and use of the websites, applications, products and services made available by NXT Group ("NXT Group", "we", "us", "our"), including nxtgroup.cloud and our owned and operated products such as Fettle and Motivations.co.za.
We are a cloud engineering studio based in the Republic of South Africa. We design, build and operate software, and we take the protection of your personal information seriously. These Terms should be read together with our Privacy Policy, which forms part of these Terms.
By accessing or using our websites, products or services, or by engaging us for work, you agree to be bound by these Terms. If you do not agree, please do not use our websites, products or services.
Contents
We provide product engineering and cloud services, including:
In addition to client work, NXT Group owns and operates consumer and business products. These Terms apply to those Owned Products, together with any product-specific terms, notices or in-app policies presented to you at the point of sale or use:
We may add, change, suspend or discontinue any of our Owned Products at any time. Where an Owned Product is offered for sale, the applicable fees, delivery and returns terms are those presented on that product's own storefront or checkout.
You must be at least 18 years old and legally capable of entering into a binding agreement to use our Services or make a purchase. Where you create an account, you agree to provide accurate, current information, to keep your credentials secure, and to notify us immediately of any unauthorised use. You are responsible for activity that occurs under your account.
You agree not to:
We may suspend or terminate access for any breach of this section.
Certain Services and Owned Products are provided for a fee. Fees, billing frequency and any payment terms are set out in your quotation, order form, invoice, subscription plan or product storefront.
Our payment providers process Personal Information (such as name, billing address, email and payment details) as independent responsible parties or operators for the purposes of payment processing, fraud prevention and regulatory compliance, under their own terms and privacy policies. Where you pay by card, the transaction is subject to the payment provider's security and authentication (for example 3-D Secure / OTP verification).
Invoices are payable within the period stated on the invoice. We may charge interest on overdue amounts and may suspend or terminate Services and access to Owned Products where payment is not received. If a recurring payment fails, we may retry the charge and you remain liable for the amount due.
Unless stated otherwise, fees are exclusive of Value-Added Tax (VAT) and any other applicable taxes or duties, which will be added where required. You are responsible for any taxes arising from your use of the Services, other than taxes on our income.
NXT Group is committed to processing Personal Information lawfully and in accordance with POPIA and, where applicable, other data-protection laws (including the GDPR where we process the data of individuals in the European Union). This section describes how we handle Personal Information. Our Privacy Policy provides further detail.
Where we collect and control Personal Information for our own purposes (for example, running our websites, marketing, and our Owned Products), we act as the responsible party under POPIA. Where we process Personal Information on behalf of a client as part of a project or hosted service, we act as an operator and process that information only on the client's documented instructions; in that case the client is the responsible party.
We apply POPIA's conditions for lawful processing:
We do not intentionally collect special Personal Information as defined in POPIA (for example, health, religious, or biometric information) unless it is necessary for a specific Service and a lawful basis exists. We do not knowingly collect the Personal Information of children without the required consent of a competent person; where a Service requires it, we will obtain appropriate authorisation and (where applicable) submit the necessary authorisation to the Information Regulator.
We do not sell your Personal Information. We may share it with trusted operators and service providers, such as hosting, cloud infrastructure, payment providers, email and analytics providers, strictly as needed to deliver our Services and under appropriate confidentiality and data-processing obligations. We may also disclose information where required by law or to protect our rights.
Your Personal Information may be processed or stored outside South Africa where our operators or cloud providers are located. We will only transfer Personal Information across borders in accordance with section 72 of POPIA, for example, where the recipient is subject to a law, binding agreement or corporate rules that provide an adequate level of protection substantially similar to POPIA.
We maintain appropriate technical and organisational safeguards to protect Personal Information against loss, damage, unauthorised access or disclosure. These include access controls, encryption where appropriate, secure infrastructure and monitoring. Where we identify a compromise, we will respond in line with POPIA section 22.
If there are reasonable grounds to believe that your Personal Information has been accessed or acquired by an unauthorised person, we will notify the Information Regulator and, where required, you, as soon as reasonably possible after discovery, in accordance with section 22 of POPIA.
Under POPIA you have the right to:
To exercise these rights, contact our Information Officer at [email protected]. We may take reasonable steps to verify your identity before acting on a request.
We only send electronic direct marketing to you where you are an existing customer, have opted in, or as otherwise permitted under section 69 of POPIA. Every marketing message includes a way to opt out, and you may withdraw your consent at any time.
We use functional cookies and similar technologies necessary to operate and secure our websites and products. Where we use analytics or advertising cookies, we do so with appropriate notice and, where required, consent. See our Privacy Policy for details.
Our Information Officer can be reached at [email protected]. If you are not satisfied with our handling of your Personal Information, you may complain to the Information Regulator of South Africa (inforegulator.org.za, [email protected]).
All content, software, code, designs, trademarks, logos and materials made available through our Services, and all intellectual property in our Owned Products, are owned by or licensed to NXT Group and are protected by law. Nothing in these Terms transfers ownership of our intellectual property to you.
Where we develop software for a client under a written agreement, ownership of the deliverables is as set out in that agreement. Unless otherwise agreed, each party retains ownership of its pre-existing intellectual property, and we retain ownership of our general know-how, tools, libraries and frameworks.
Our Services may rely on or link to third-party services (for example, cloud hosting, payment providers and analytics). We are not responsible for the content, terms or privacy practices of third parties, and your use of a third-party service is governed by that party's own terms and policies.
Each party will keep the other's confidential information confidential and use it only for the purposes of the engagement, except where disclosure is required by law. This obligation survives termination.
We provide our Services with reasonable skill and care. Subject to that and to any non-excludable rights under South African law (including the Consumer Protection Act), our websites and Services are provided "as is" and "as available", and we disclaim all other warranties, whether express or implied. We do not warrant that Services will be uninterrupted, error-free or secure, or that any result or outcome will be achieved.
To the maximum extent permitted by law, NXT Group will not be liable for any indirect, incidental, special or consequential losses, or for loss of profit, revenue, data or goodwill. Our total aggregate liability arising out of or in connection with the Services is limited to the total fees you paid to us for the affected Service in the three (3) months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for gross negligence, wilful misconduct or fraud.
You indemnify and hold NXT Group harmless against claims, losses and expenses arising from your breach of these Terms, your unlawful use of the Services, or your infringement of any third party's rights.
These Terms apply for as long as you use our Services. We may suspend or terminate your access if you breach these Terms, if required by law, or if we discontinue a Service. Provisions that by their nature should survive termination (including intellectual property, confidentiality, liability and data-protection provisions) will continue to apply.
These Terms are governed by the laws of the Republic of South Africa. Subject to any non-excludable statutory rights, the parties agree to first attempt to resolve any dispute through good-faith negotiation, and thereafter submit the dispute to the jurisdiction of the competent courts of South Africa.
We may update these Terms from time to time. The "last updated" date above reflects the most recent revision. Material changes will be communicated where required, and continued use of the Services after changes take effect constitutes acceptance.
Questions about these Terms, our products, or our handling of Personal Information: