TERMS & CONDITIONS
EFFECTIVE DATE: 21/08/2025
Agreement to Terms
By engaging Performal AI (“Company,” “we,” “us,” or “our”) to provide AI agent development or related services, you (“Client,” “you,” or “your”) agree to these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use our services.
Services Provided
Performal AI designs, develops, configures, and delivers AI-powered software agents and automation solutions based on client requirements.
- All services will be outlined in a mutually agreed proposal or contract (“Project Scope”).
- Any work outside the agreed scope may require a separate agreement and additional fees.
Client Responsibilities
You agree to:
1: Provide accurate, complete, and timely information necessary for project completion.
2: Obtain all rights, licenses, and permissions for any data, content, or tools you provide for integration into the AI agent.
3: Use the delivered product in compliance with all applicable laws and regulations.
Intellectual Property
- Pre-existing IP: All tools, templates, workflows, and underlying code created by Performal AI prior to or during the project remain our intellectual property.
- Custom Deliverables: Upon full payment, you receive a non-exclusive, non-transferable license to use the AI agent(s) and related deliverables for your internal business purposes unless otherwise stated in writing.
- You may not resell, sublicense, or redistribute the deliverables without our written consent.
Payment Terms
- Fees and payment schedules will be set out in the Project Scope or invoice.
- Work will not begin until the initial payment (if applicable) is received.
- Late payments may result in suspension of services or withholding of deliverables.
Warranties & Limitations
- Performance Disclaimer: AI systems can produce unexpected or inaccurate results. We do not guarantee 100% accuracy, uptime, or error-free operation.
- Third-Party Services: We are not responsible for failures or downtime caused by third-party APIs, platforms, or integrations.
- Warranty Period: We provide a [30-day] warranty period from delivery to fix defects that directly prevent the agent from performing as described in the agreed scope.
Limitation of Liability
To the fullest extent permitted by law:
- We are not liable for any indirect, incidental, or consequential damages arising from the use or inability to use our services.
- Our total liability for any claim related to this agreement will not exceed the total fees paid to us for the specific project in question.
Confidentiality
Both parties agree to protect and not disclose each other’s confidential information without prior written consent, except as required by law.
Data Use & Privacy
- Client data provided to us will only be used for the purposes of developing, testing, and delivering the agreed services.
- We will take reasonable steps to safeguard your data but cannot guarantee complete security against cyber threats.
- You are responsible for ensuring that any data shared with us complies with applicable data protection laws.
Termination
Either party may terminate this agreement with written notice if the other party materially breaches these Terms and fails to cure the breach within 14 days.
Upon termination:
- All outstanding fees become immediately due.
- You must cease use of any unpaid deliverables.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
Changes to Terms
We may update these Terms from time to time. The latest version will be posted on our website, and continued use of our services constitutes acceptance of the updated Terms.
TERMS & CONDITIONS
EFFECTIVE DATE: 21/08/2025
Agreement to Terms
By engaging Performal AI (“Company,” “we,” “us,” or “our”) to provide AI agent development or related services, you (“Client,” “you,” or “your”) agree to these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use our services.
Services Provided
Performal AI designs, develops, configures, and delivers AI-powered software agents and automation solutions based on client requirements.
- All services will be outlined in a mutually agreed proposal or contract (“Project Scope”).
- Any work outside the agreed scope may require a separate agreement and additional fees.
Client Responsibilities
You agree to:
1: Provide accurate, complete, and timely information necessary for project completion.
2: Obtain all rights, licenses, and permissions for any data, content, or tools you provide for integration into the AI agent.
3: Use the delivered product in compliance with all applicable laws and regulations.
Intellectual Property
- Pre-existing IP: All tools, templates, workflows, and underlying code created by Performal AI prior to or during the project remain our intellectual property.
- Custom Deliverables: Upon full payment, you receive a non-exclusive, non-transferable license to use the AI agent(s) and related deliverables for your internal business purposes unless otherwise stated in writing.
- You may not resell, sublicense, or redistribute the deliverables without our written consent.
Payment Terms
- Fees and payment schedules will be set out in the Project Scope or invoice.
- Work will not begin until the initial payment (if applicable) is received.
- Late payments may result in suspension of services or withholding of deliverables.
Warranties & Limitations
- Performance Disclaimer: AI systems can produce unexpected or inaccurate results. We do not guarantee 100% accuracy, uptime, or error-free operation.
- Third-Party Services: We are not responsible for failures or downtime caused by third-party APIs, platforms, or integrations.
- Warranty Period: We provide a [30-day] warranty period from delivery to fix defects that directly prevent the agent from performing as described in the agreed scope.
Limitation of Liability
To the fullest extent permitted by law:
- We are not liable for any indirect, incidental, or consequential damages arising from the use or inability to use our services.
- Our total liability for any claim related to this agreement will not exceed the total fees paid to us for the specific project in question.
Confidentiality
Both parties agree to protect and not disclose each other’s confidential information without prior written consent, except as required by law.
Data Use & Privacy
- Client data provided to us will only be used for the purposes of developing, testing, and delivering the agreed services.
- We will take reasonable steps to safeguard your data but cannot guarantee complete security against cyber threats.
- You are responsible for ensuring that any data shared with us complies with applicable data protection laws.
Termination
Either party may terminate this agreement with written notice if the other party materially breaches these Terms and fails to cure the breach within 14 days.
Upon termination:
- All outstanding fees become immediately due.
- You must cease use of any unpaid deliverables.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
Changes to Terms
We may update these Terms from time to time. The latest version will be posted on our website, and continued use of our services constitutes acceptance of the updated Terms.