Tempo Terms of Service
Algojungle (Pty) Ltd, registration number 2019/608881/07, trading as MetaPOS
Version 1.0 · Last updated 5 November 2026
1. Who we are and what this is
1.1. These terms are an agreement between Algojungle (Pty) Ltd, registration number 2019/608881/07, trading as MetaPOS ("MetaPOS", "we", "us"), and the organisation that uses Tempo (the "Customer"). The Customer does not include its group companies unless the Commercial Terms name them.
1.2. Our address is 416 Montebello, 4 Montrose Street, Newlands, Cape Town 7700. Our Information Officer is Jason Naicker. You can reach us at info@metapos.co.za.
1.3. Tempo is our online portal at tempo.metapos.co.za, through which the Customer sees the reports it has agreed with us (the "Service").
1.4. A "User" is any person who has a Tempo account in the Customer's workspace. "You" means the Customer and, where a clause speaks to a person, each User.
2. Who accepts these terms
2.1. The Customer's first administrator accepts these terms on the Customer's behalf in Tempo (clause 17). By doing so, they confirm that they are authorised to bind the Customer.
2.2. If you are not authorised to bind your organisation, do not accept these terms. Ask someone who is.
2.3. Every other User uses Tempo under these terms, as the Customer's authorised user.
3. Fees and what the Customer receives
3.1. The reports the Customer receives, the fees, and the start date are agreed separately in writing between MetaPOS and the Customer, for example in a proposal, quote or signed agreement (the "Commercial Terms").
3.2. If the Commercial Terms and these terms differ, the Commercial Terms apply, but only on the point where they differ. This does not apply to clauses 6 and 7. The Commercial Terms may narrow how shop data is used, but never widen it.
3.3. Free access. While the Customer's access is free, including while Tempo shows it demo data only, Tempo is provided as is, without any promise about what it does or how well. For anything that happens while the Customer's access is free, our total liability to the Customer is limited to R2,000. Clause 12.3 still applies.
3.4. Unless the Commercial Terms say otherwise:
- (a) fees are monthly, exclude VAT, and are invoiced in advance;
- (b) invoices are payable within 30 days;
- (c) fees increase once a year by the consumer price index published by Statistics South Africa; and
- (d) if an invoice is more than 30 days overdue, we may suspend access after giving 14 days' written notice.
4. Users and accounts
4.1. The Customer's administrators decide who may use Tempo and which reports each User may see, within what the Commercial Terms allow.
4.2. Each account is for one person. Users must not share their password or let anyone else use their account. Tell us at info@metapos.co.za straight away if you think an account has been used by someone else.
4.3. The Customer is responsible for its Users. It must make sure they follow these terms, and anything a User does in Tempo is treated as done by the Customer.
4.4. When a User leaves the Customer, or no longer needs access, the Customer must close their account in Tempo or ask us to.
5. Using Tempo
5.1. Tempo may be used only for the Customer's own business, and only within what the Commercial Terms allow.
5.2. No one may:
- (a) try to reach reports, data or accounts they have not been given;
- (b) copy data out of Tempo by automated means, or in bulk beyond the downloads Tempo offers;
- (c) interfere with Tempo, test its security, or try to copy how it works; or
- (d) use Tempo to break the law.
6. Data about shops
6.1. Shops the Customer introduced. If the Customer introduced a shop to MetaPOS, Tempo may show that shop's sales data, shop by shop. The shop agreed to this in our Merchant Terms and Conditions so that the Customer can serve it better, for example with stock, deliveries, credit and support.
6.2. That data may be used only for that purpose. The Customer and its Users may not:
- (a) sell it, or give it to anyone outside the Customer;
- (b) use it to compete against the shop, or to harm the shop;
- (c) use it to set or enforce the price at which the shop resells goods;
- (d) share it with, or use it to coordinate with, any competitor of the Customer; or
- (e) use it for any purpose the Commercial Terms do not allow.
6.3. Sharing Market Read Reports. Clause 6.1 data stays inside the Customer. From Market Read Reports (clause 6.4), the Customer may share:
- (a) limited excerpts with its advertising agencies, retailers, distributors and wholesalers, only to support the marketing of the Customer's own products, and only if the excerpt has no commercial value on its own; and
- (b) any part with a consultant working for the Customer, only for that work, and only after the consultant and MetaPOS have both signed our Third Party Access Agreement.
The Customer is responsible for what they do with it.
6.4. Market Read Reports. Some reports are aggregated and/or extrapolated market research reports built from more than one shop ("Market Read Reports"). They show totals, shares and trends, never which shop is which, and no single shop makes up more than 50% of any figure in them. A figure is also withheld from a Customer where, after removing the shops that Customer introduced, what remains is one shop, or one shop makes up more than 50% of what remains. MetaPOS plans to share part of what it earns from data buyers with shops that contribute good data. This gives no right to the Customer or to any shop.
6.5. No one may work out, or try to work out, which shop is which from Market Read Reports, alone or with other information, or let anyone else do so. If a User comes to know which shop is which, the Customer must not use or record it, and must tell us within 5 business days.
6.6. Security. The Customer must keep shop data it receives from Tempo secure, and must tell us within 48 hours of finding out that any of it has been lost, or seen or used by someone not allowed to. It must give us the details we need to notify the Information Regulator and the shops affected.
6.7. Downloads. Anything downloaded from Tempo stays subject to this clause 6 and to clause 7, wherever it is kept.
7. Confidentiality
7.1. The reports and data in Tempo are confidential. The Customer must keep them within its organisation, except as clause 6.3 allows, and share them inside it only with people who need them for its business.
7.2. We keep confidential what we learn about the Customer's business through the Service, such as its product lists and which reports it uses, and use it only to provide the Service.
7.3. Neither of us has to keep confidential anything that is already public, or that the law or a court requires us to disclose.
7.4. This clause continues to apply after these terms end.
8. Data, accuracy and the Customer's decisions
8.1. Demo data. Where Tempo marks data as demo data, the figures are for showing how Tempo works. They are not real sales, and must not be relied on or presented as real.
8.2. Real data. Real data comes from shops' own records, captured in the MetaPOS app. Some figures, such as shares, trends and averages, are estimates built from the shops in our data. They are not a count of every shop in the market. We take reasonable care with the data, but we do not promise that any report is complete, accurate, up to date or free of error.
8.3. Information, not advice. Tempo and its reports are for information only. They are not business, financial or any other advice.
8.4. The Customer's decisions. The Customer is solely responsible for the decisions it makes and the actions it takes, or does not take, using Tempo, and for their results.
8.5. No liability for reliance. We are not liable for any loss that arises from the Customer or its Users relying on Tempo's reports or data, including any error, gap or delay in them. This does not apply to loss caused by our fraud, gross negligence or wilful misconduct, or where the law does not allow it.
8.6. Errors. If the Customer tells us about an error in a report, we will look into it and, where the error is ours, correct it within a reasonable time. That correction is the Customer's only remedy for the error.
9. Personal information
9.1. Our Privacy Policy at metapos.co.za/privacy-policy.html explains what we collect about Users when they use Tempo, why, and their rights.
9.2. The Customer confirms that it may give us the names, work email addresses and roles of the Users it adds, so that we can create and manage their accounts.
10. Service and support
10.1. We use reasonable efforts to keep Tempo available, with a target of 99% availability each month, excluding planned maintenance we announce in advance. This is a target, not a promise, and no credits or refunds apply if we miss it.
10.2. Support is by email at info@metapos.co.za. We aim to reply within one business day.
10.3. We may change, add or remove features. If a change takes away a report the Customer pays for, we will tell the Customer first and deal with it under the Commercial Terms.
11. Ownership
11.1. Tempo, its reports and the way it processes data belong to MetaPOS. These terms give the Customer and its Users permission to use Tempo, not ownership of it.
11.2. Information the Customer gives us, such as its product lists, stays the Customer's. The Customer allows us to use it to provide the Service.
12. Liability
12.1. Our total liability to the Customer under these terms and the Commercial Terms, for all claims together, is limited to the fees paid or payable for the 3 months before the claim arose, or R2,000, whichever is higher. For anything that happens while access is free, clause 3.3 applies instead.
12.2. Neither of us is liable for indirect or consequential loss, such as lost profit, lost business or lost opportunity.
12.3. Clauses 3.3, 12.1 and 12.2 do not limit liability for fraud, gross negligence, wilful misconduct, a breach of clause 6 or 7 by the Customer or its Users, or anything the law does not allow to be limited.
12.4. The Customer indemnifies MetaPOS against any claim, fine or penalty, including an administrative fine imposed by the Information Regulator, and the reasonable legal costs of dealing with it, that arises from the Customer's or its Users' breach of clause 6.
13. Suspension and ending these terms
13.1. We may suspend a User's account, or the Customer's access, if anyone breaks clause 5, 6 or 7, if the Customer does not pay under clause 3.4(d), or if the law requires it. Where we reasonably can, we will tell the Customer first.
13.2. These terms last for as long as the Customer uses Tempo, or for any longer term in the Commercial Terms.
13.3. Unless the Commercial Terms say otherwise, either of us may end these terms by giving the other 60 days' written notice.
13.4. Either of us may end these terms straight away by written notice if the other materially breaks them and does not fix the breach within 14 days of being asked to. We may end them straight away, without that 14 days, if the Customer or its Users break clause 6 or 7.
13.5. When these terms end, all User accounts close. Clauses 6, 7, 8, 11, 12, 13.6 and 16 continue to apply.
13.6. Within 30 days after these terms end, the Customer must delete all shop-level data it received from Tempo, including downloads, must make sure anyone it shared it with under clause 6.3 does the same, and must confirm this to us in writing. This does not apply to a copy the law requires the Customer to keep, which stays subject to clauses 6 and 7.
14. Changes to these terms
14.1. We may update these terms. We will tell the Customer's administrators at least 30 days before a change takes effect, unless the law requires it sooner.
14.2. Tempo will ask an administrator to accept the new version on the Customer's behalf. Until the notice period ends, the previous version applies. If the Customer does not accept the new version, it may end these terms under clause 13.3.
14.3. We keep every version, and we record which version was accepted, by whom and when.
15. Notices
15.1. We send notices to the email address of the Customer's administrator who accepted these terms, or to another address the Customer gives us. The Customer sends notices to info@metapos.co.za.
16. General
16.1. These terms and the Commercial Terms are the whole agreement between MetaPOS and the Customer about the Service.
16.2. These terms are governed by South African law, and the South African courts have jurisdiction.
16.3. If any part of these terms is found to be invalid, the rest still applies.
16.4. If we do not enforce something straight away, we can still enforce it later.
16.5. Neither of us may transfer this agreement to someone else without the other's written consent, except to a company that takes over the business that provides or uses the Service.
16.6. A change to these terms or the Commercial Terms, including this clause, is valid only if it is in writing and accepted under clause 14, or signed by both of us.
16.7. Neither of us is responsible for a delay or failure caused by something outside our reasonable control, such as load shedding, grid failure, or an outage of a network or cloud provider. The affected party must tell the other and resume as soon as it reasonably can. Payment duties are not suspended. Either of us may end these terms if the event lasts more than 30 days. This clause does not apply to clauses 6 and 7.
17. How these terms are accepted
17.1. The Customer. The Customer's first administrator accepts these terms on the Customer's behalf on Tempo's Set Your Password page, by selecting "Agree and continue" under the line: "By clicking Agree and continue, you agree to the Tempo Terms of Service and confirm you have read the Privacy Policy."
17.2. Other Users. Every other User accepts in the same way, under the same line.
17.3. Both documents are linked on that page, in the invitation email and in Tempo's footer, so they can be read at any time.
17.4. Accepting in Tempo has the same effect as signing on paper, under the Electronic Communications and Transactions Act, 2002.
17.5. We record the version accepted, the exact text and links shown, by whom, from which IP address, and the date and time.