Terms of Service

Thank you for using TeamNinja. By using TeamNinja, you agree to our Terms of Service, which is a legal agreement. If you are using TeamNinja for an organisation, you are agreeing on behalf of that organisation. Our Terms of Service apply to your use of our Websites and Services. You hereby agree that you are only entitled to use the services provided by TeamNinja once you have accepted these Terms of Service. Your continued use of Team Ninja’s Website and Services (as defined below) and/or the clicking of the ‘’I AGREE’’ button when registering on the Website shall serve as proof that you have accepted these Terms of Service.

1. Definitions

When we say, “we,” “our,” or “us,” we’re referring to Global Kinetic Software Engineers (Pty) Ltd t/a TeamNinja, a private company duly registered in terms of the South African Companies Act, our employees, directors, officers, affiliates, and subsidiaries. When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the TeamNinja Services. When we say ‘’the parties’’, we are referring to you and us (as Global Kinetic Software Engineers (Pty) Ltd trading as TeamNinja) collectively. When we say “Terms,” we mean our Terms of Service, which includes our Privacy Policy. When we say “Websites,” we mean our websites located at getteamninja.com, teamninjaapp.com and GlobalKinetic.com including all subdomains and sites associated with those domains, and other websites that we operate now and in the future. When we say “Services,” we mean our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up TeamNinja. When we say “TeamNinja,” we mean our Websites and Services collectively. When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.

2. General Rules

To use TeamNinja, you must (a) be at least thirteen (13) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) undertake to follow these rules:

  • You are responsible for all content you provide and your activities on TeamNinja;
  • You will use TeamNinja in compliance with all applicable laws, rules, and regulations;
  • You will not use TeamNinja to solicit the performance of any activity which infringes our rights or the rights of others; and
  • You will not use TeamNinja to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us.

If you break any of your undertakings above or any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences. As long as you comply with our Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use TeamNinja. Your use of TeamNinja is at your own risk.

3. Intellectual Property

You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us. We own TeamNinja and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of TeamNinja, our Services, or our content on TeamNinja without our express written permission. You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into TeamNinja or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.

4. Passwords and Accounts

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to stolen or hacked passwords. You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.

5. Payment Terms

The free trial offer entitles new, registered users to a thirty (30) day free trial of the Services. All fees are exclusive of all taxes or duties imposed by governing authorities. You are solely responsible for payment of all such taxes or duties. Monthly Plan: A valid credit card is required for you to continue using the Services on a month-to-month basis after the thirty (30) day free trial period ends. The Services are billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months, for account upgrades or downgrades, or for months unused with an open account. Annual Plan: Payment in advance is required to continue using the Services on an annual basis after the thirty (30) day trial period ends. The Services are billed in advance on a yearly basis. Refunds for deleted accounts may be requested for unused months between the date of account cancellation and the final date noted on the invoice issued by us. We reserve the right to change service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to TeamNinja or by email.

6. Cancellation and Termination

You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by going to Company Settings and closing your account. An email or phone request to cancel your account is not considered cancellation. You will not be charged after cancellation. There is no cancellation fee. In the event of cancellation or termination your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. We retain the right to retain or delete data provided to us by you at our sole discretion. We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.

7. API Terms

You may access your TeamNinja account data using the TeamNinja API (Application Programming Interface). Any use of the API, including use of the API through a third-party product that accesses TeamNinja, is bound by these Terms. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) resulting from your use of the API or third-party products that access your data via the API. Abuse or excessively frequent requests to TeamNinja via the API may result in the temporary or permanent suspension of your access to the API. We may, at our sole discretion, determine abuse or excessive usage of the API. We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

8. Indemnification

You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of TeamNinja.

9. Representations and Warranties

To the maximum extent permitted by law, we provide TeamNinja on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) TeamNinja will meet your specific requirements, (ii) TeamNinja will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of TeamNinja will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through TeamNinja will meet your expectations, and (v) any errors in TeamNinja will be corrected.

10. Limitation of Liability

To the fullest extent permitted by law, you assume full responsibility for and we are not liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages. We are not liable for the acts, omissions, and conduct of any third parties related to your use of TeamNinja and any linked sites and services. Your sole remedy against us for dissatisfaction with TeamNinja is to stop using TeamNinja. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action. If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

11. Governing Law; Dispute Resolution

No recovery may be sought or received for damages other than out-of-pocket expenses, except that the succesful party will be entitled to costs and attorneys’ fees. In the event of any dispute between us and you arising out of or in connection with your use of the Websites or Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under South African law. The parties agree that the Terms of Service will be governed by the laws in force in the Republic of South Africa. The parties further unconditionally submits to the non-exclusive jurisdiction of the courts of the Republic of South Africa in relation to any legal action, suit or proceedings arising out of or with respect to your use of TeamNinja or in respect of these Terms (should mediation be unsuccessful). The parties therefore agree to first attempt to resolve any disputes through mediation before approaching the South African courts.

12. Force Majeure

You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.

13. Severability

If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.

14. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

15. No Waiver

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

16. Entire Agreement

These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of TeamNinja, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).

17. Amendments and Changes to TeamNinja

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. Unless explicitly stated otherwise, any new features that augment or enhance TeamNinja shall be subject to the Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of TeamNinja following the posting of changes will mean that you accept and agree to the changes. We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to TeamNinja, or any portion of TeamNinja for any reason; (2) to modify or change TeamNinja, or any portion of TeamNinja, and any applicable policies or terms; and (3) to interrupt the operation of TeamNinja, or any portion of TeamNinja, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

18. Questions and Contact

If you have any questions or concerns about the Terms, please email us at support@getteamninja.com.

19. Breach

You hereby undertake to inform us as a matter of absolute urgency as soon as you become aware of any breach of these Terms of Service. If any of the parties commits a breach of these Terms of Service (“the Defaulting Party”), and/or fails to comply with any of the provisions thereof, then the party against whom the breach is committed (“the Innocent Party”) shall be entitled to give the Defaulting Party 7 (seven) calendar days’ notice in writing to remedy such breach and/or failure and if the Defaulting Party fails to comply with such notice, then the Innocent Party shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies (except the right to cancellation) which the Innocent Party may have in law, including the right to claim damages:
14.3. to cancel these Terms and/or claim damages; or 14.4. to claim immediate performance and/or payment of all the obligations of the Defaulting Party in terms hereof.

20. Notices and service address

You choose your service address for the purposes of giving any notice serving any legal process and for any other purpose arising from this Agreement at the addresses, e-mail and telephone numbers as set out in your application for registration on this Website. Any notice to be served by either party to the other must be in writing and will be sent by hand delivery, post, facsimile or email to the relevant party to this agreement at its respective address as specified on the application for registration on this Website. The Website chooses its service address as The Lighthouse, 6 West Park, Grand Central Precinct, Century City, South Africa, 7446. Any notice given and any communication or payment made by any party hereto to any other (the "Addressee") which: (a) is delivered by hand during the normal business hours of the Addressee at the Addressee's service address for the time being, shall be presumed, unless the contrary is proved, to have been received by the Addressee at the time of delivery; (b) is transmitted by email during normal business hours, shall be presumed, unless the contrary is proved, to have been received by the Addressee 24 (twenty four) hours after the time of transmission. (c) is delivered by registered mail, shall be presumed, unless the contrary is proved, to have been received by the Addressee 5 (five) days after the letter was sent. Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by an Addressee shall be adequate written notice or communication to him, notwithstanding that it was not sent to or delivered at his chosen domicilium.

Access to the services and content available from the Website is classified as “electronic transactions” in terms of the Electronic Communications and Transactions Act, 2002 ("the ECT Act") and therefore Users have the rights detailed in Chapter 7 of the ECT Act and we have the duty to disclose the following information:

  • The full name and legal status of the Website owner: Global Kinetic (Proprietary) Limited, a private company with limited liability and company registration number 2005/031383/07.
  • Physical address: The Lighthouse, 6 West Park, Grand Central Precinct, Century City, South Africa, 7446.
  • Physical address for receipt of legal service: The Lighthouse, 6 West Park, Grand Central Precinct, Century City, South Africa, 7446.
  • Telephone number:+27 (021) 527 0050
  • Postal Address: 45 Commaille Street, Melkbosstrand, Western Cape, South Africa;
  • Main business: the main business of the website owner is to conduct business as software development engineers;
  • The Website addresses are: www.teamninjaapp.com and www.getteamninja.com;
  • Codes of conduct to which the Website subscribes: These Terms of Service are aligned to the principles enshrined in the constitution of the Republic of South Africa;
  • Names of Website owner’s office bearers and place of registration: Global Kinetic Software Engineers (Pty) Ltd with registered address at 45 Commaille Street, Melkbosstrand, Western Cape, South Africa;
  • The identities and contact details of the Website owner’s management team are available from: www.globalkinetic.com
  • Costs: Access to content on the Website is free to any person who subscribes to these Terms of Service . Access to some pages on the Website may be restricted to persons who are registered as users of the Website.
  • Users may lodge complaints concerning the Website with us or, if the user concerned is a natural person or juristic person with a nett asset value or annual turnover not exceeding R1 000 000, then complaints concerning the Website may be lodged with the Consumer Protection Commission.

It is not the intention of the Website that any provision contained in these Terms of Service should contravene any provision of the Protection Act No 68 of 2008, as may be amended from time to time (the "Consumer Protection Act"). Therefore, if these Terms of Service or any contract or policy governed by these Terms of Service or the content provided by and/or made available on the Website are regulated by or subject to the Consumer Protection Act, then the provisions of these Terms of Service must, to the extent necessary, be treated as being qualified by the Consumer Protection Act so as to ensure that the Consumer Protection Act is complied with.

Last Updated: 17th November 2017