Terms of Service

These Terms govern the Customer’s access to and use of Performance! Call Center Dashboard (the “Platform”). The service provider and contracting party is Trescent AI (Pty) Ltd, registration number 2026/557303/07 (“Trescent AI”, “we”, “us” or “our”). “Customer”, “you” or “your” means the organisation identified during signup or in the applicable Order Form, quotation or invoice.

The Agreement consists of these Terms, the applicable Order Form or checkout details, the Performance! Privacy Policy, the Refund and Cancellation Policy, and any Data Processing Addendum, Service Level Agreement or other document expressly incorporated in writing. A signed Order Form prevails over these Terms only for conflicting commercial terms. The person accepting the Agreement confirms that they are authorised to bind the Customer.

Subject to payment of applicable fees and compliance with the Agreement, Trescent AI grants the Customer a limited, non-exclusive, non-transferable right to access and use the Platform for its internal business operations during the subscription.

The Customer is responsible for its administrators and authorised users, the accuracy of account information, maintaining secure credentials, and all activity under its accounts. Accounts may not be shared outside the Customer’s organisation or used to avoid agreed user or agent limits. Suspected unauthorised access must be reported promptly to security@trescent.co.za.

The Customer may not copy, resell, sublicense, reverse engineer, disrupt, probe or unlawfully access the Platform; introduce malicious code; use the Platform to infringe rights or break the law; or use automated means to overload or extract data from the Platform except through an authorised integration.

The Customer controls which agents, teams, targets, results, messages and other information are entered into or displayed by the Platform. The Customer must ensure that Customer Data is accurate, lawful and appropriate for the workplace, and that it has a valid legal basis and authority to provide that data to Trescent AI.

The Customer is responsible for giving employees, agents and contractors any notices required by POPIA, employment law or internal policy. It must configure the Platform fairly and may not use it for unlawful surveillance, discrimination, harassment, humiliation or disciplinary action without appropriate human review and lawful process.

Leaderboard positions, totals, achievements and reports depend on the data and settings supplied by the Customer. The Customer must verify material results before using them for payroll, incentives, discipline, regulatory reporting or other consequential decisions.

The subscription term, package, currency, fees and billing cycle are those shown during checkout or in the applicable Order Form. If no fixed term is stated, the subscription is month-to-month and renews automatically until cancelled under the Refund and Cancellation Policy.

Fees may include a base subscription, charges for active agents or licensed seats, add-ons, usage charges, taxes and agreed adjustments. The Platform may calculate active-agent quantities from account activity and configuration. The Customer must keep agent records current and notify Trescent AI promptly of a genuine billing discrepancy.

Fees are payable in the stated billing currency and are exclusive or inclusive of taxes as displayed in the applicable checkout, invoice or Order Form. Overdue amounts may attract lawful collection costs or interest. Pricing may change on reasonable prior notice, but a change will not retrospectively alter an issued invoice or a signed fixed-price commitment.

Trials are limited to the period and functionality displayed at signup. Trescent AI may end or restrict a trial for misuse. Unless the Customer actively selects a paid subscription or has expressly agreed otherwise, a free trial does not by itself authorise paid recurring charges.

Cancellations, renewal consequences, cooling-off rights where applicable, refunds, duplicate charges and billing disputes are governed by the Performance! Refund and Cancellation Policy at pccd.co.za/legal/refundpolicy and any signed Order Form.

The Customer remains liable for fees properly incurred before cancellation takes effect and for any agreed minimum commitment or early-cancellation amount. A billing query should be sent to billing@trescent.co.za promptly after the relevant invoice or charge.

As between the Parties, the Customer retains its rights in Customer Data. The Customer authorises Trescent AI to host, process, transmit, display, back up and otherwise use Customer Data only as reasonably required to provide, secure, support and improve the Platform, comply with law and enforce the Agreement.

Trescent AI is generally the responsible party for account, billing, support and direct relationship information it determines how to process. For Agent Data controlled by the Customer, the Customer is generally the responsible party and Trescent AI acts as its operator. Further details appear in the Performance! Privacy Policy and any applicable Data Processing Addendum.

Trescent AI will maintain reasonable technical and organisational safeguards appropriate to the nature and risk of the data. No online service is completely secure, and the Customer must also maintain appropriate device, access and internal security. Trescent AI may use vetted hosting, payment, email and other providers to operate the Platform.

Following termination, the Customer may request an export of available Customer Data within 30 days. Data is then handled in accordance with the Privacy Policy, backup cycles, legal holds and applicable law.

Trescent AI and its licensors retain all rights, title and interest in the Platform, its software, interfaces, designs, documentation, branding, methods, improvements and aggregated or de-identified insights. Except for the limited right of use expressly granted, no intellectual-property rights are transferred to the Customer.

The Customer grants Trescent AI permission to use Customer branding only as needed to configure and provide the Platform. Feedback may be used to improve Trescent AI’s products without restriction or payment, provided no Customer confidential information is publicly disclosed.

Each Party must protect the other Party’s non-public business, technical and commercial information with reasonable care and use it only for the Agreement. This obligation does not apply to information lawfully public, independently developed, already known without restriction, or lawfully received from another source. Required legal disclosures may be made after reasonable notice where permitted.

Trescent AI will provide the Platform with reasonable skill and care and use commercially reasonable efforts to keep it available. Unless a separate written Service Level Agreement applies, no specific uptime percentage or resolution time is guaranteed. Support targets are targets, not guaranteed service levels.

The Platform may be changed, improved or updated. Trescent AI will not intentionally remove material core functionality during a paid fixed term without a reasonable substitute or reasonable notice. Availability may be affected by maintenance, internet or third-party failures, emergencies, security work, force majeure or Customer systems.

Third-party services and Customer-configured integrations are governed by their providers. Trescent AI is not responsible for failures or changes outside its reasonable control.

Trescent AI may suspend access where reasonably necessary to address overdue fees, a security risk, unlawful use, material misuse, breach of the Agreement or harm to the Platform or others. Where practicable, Trescent AI will give notice and a reasonable opportunity to resolve the issue.

Either Party may terminate as stated in the Order Form or Refund and Cancellation Policy. Trescent AI may terminate for a remediable material breach not corrected within 10 business days after written notice. Trescent AI may act immediately where a breach cannot be remedied or involves fraud, unlawful activity, deliberate misuse or a material security threat, subject to applicable law.

Provisions that by their nature should continue—including accrued payment obligations, confidentiality, intellectual property, liability, dispute and data provisions—survive termination.

Except as expressly stated, and to the maximum extent permitted by law, the Platform is provided “as is” and “as available”. Trescent AI does not warrant that it will be uninterrupted or error-free, that every defect will be corrected immediately, or that it will meet requirements not agreed in writing.

Performance! is a management, visibility and engagement tool. Trescent AI does not guarantee increased leads, sales, productivity, employee motivation, revenue, target achievement or any other business outcome. The Customer remains responsible for management decisions and its use of Platform information.

Nothing in the Agreement excludes a warranty, right or remedy that cannot lawfully be excluded.

To the maximum extent permitted by law, neither Party is liable to the other for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings, arising from the Agreement.

Trescent AI’s total aggregate liability arising out of or relating to the Agreement will not exceed the fees paid or payable by the Customer to Trescent AI under the applicable subscription during the 12 months immediately preceding the event giving rise to the claim. If the subscription has existed for less than 12 months, the cap is the fees paid or payable from its start date to that event.

These limits do not apply where liability cannot lawfully be limited, including fraud, wilful misconduct or gross negligence to the extent applicable law prohibits limitation.

The Customer will indemnify Trescent AI against third-party claims arising from unlawful Customer Data, the Customer’s unlawful workplace use of the Platform, or a material breach of section 2 or 3, except to the extent caused by Trescent AI. Trescent AI will handle a third-party claim that the unmodified Platform infringes South African intellectual-property rights and may procure continued use, modify or replace the affected element, or terminate it with a pro-rata refund of prepaid unused fees. This remedy does not apply to Customer Data, Customer modifications, unauthorised combinations or continued use after notice.

The Agreement is governed by the laws of South Africa. Before starting formal proceedings, the Parties will attempt in good faith for at least 15 business days to resolve a dispute through authorised representatives, except where urgent relief is required.

If the dispute is not resolved, either Party may approach a court with competent jurisdiction in South Africa. Nothing prevents a person from using a regulator, consumer forum or remedy available under mandatory law.

Neither Party is liable for delay caused by events beyond its reasonable control, except for payment obligations already due. The Customer may not assign the Agreement without Trescent AI’s written consent. Trescent AI may assign it as part of a merger, restructuring, sale of business or transfer to an affiliate, provided this does not materially reduce the Customer’s rights.

If part of the Agreement is unenforceable, the remainder continues. Failure to enforce a right is not a waiver. The Agreement is the entire agreement about the Platform and replaces prior discussions on the same subject. Changes must be made in writing or through updated online terms notified as required by law. Continued use after an effective update constitutes acceptance where lawful; material changes may require renewed acceptance.

General support: support@pccd.co.za Billing enquiries: billing@trescent.co.za Privacy enquiries: privacy@trescent.co.za Security incidents: security@trescent.co.za Legal notices: legal@trescent.co.za

Trescent AI (Pty) Ltd Registration number 2026/557303/07 Gqeberha, South Africa