Terms of Service
Last updated 9 September 2026
- About Us
PerformOS Limited is a company incorporated in England and Wales with company number 15448912 and registered office at Highland House, Mayflower Close, Chandlers Ford, Eastleigh, SO53 4AR. - Definitions
Account means the account used to access the Services.
AI-generated outputs means recommendations, responses, insights, classifications, summaries, analyses, content, or other information generated by AI features of the Services.
Credits means usage credits allocated to an Account which may be used to access or consume certain features, functionality, interactions, messages, voice usage, processing capacity, or other usage-based elements of the Services.
Customer Data means any data, information, content, or materials submitted to or processed through the Services by you or on your behalf.
Customer Group means the Customer and any entity, business, brand, store, website, account, or organisation that is under common ownership, control, management, branding, or operational control with the Customer.
Free Trial means any trial period offered by PerformOS during which a Customer may access the Services without charge, subject to any applicable Trial Credits, usage limits, restrictions, and these Terms.
Monthly Credits means Credits included as part of a Customer’s Subscription for the relevant billing period.
Platform means the cloud-based PerformOS software platform.
Product means any application, module, feature, or service made available through the Platform, including SmartSam.
Subscription means your purchased right to access and use the Services during the applicable subscription period.
Services means the Platform, Product, support services, updates, and related functionality provided by PerformOS.
Trial Credits means Credits made available to a Customer during a Free Trial.
Top-Up Credits means additional Credits purchased by a Customer separately from the Monthly Credits included in its Subscription. - Eligibility
You represent and warrant that:
• you are at least 18 years of age;
• you have authority to bind the organisation on whose behalf you are acting;
• your use of the Services complies with all applicable laws and regulations.
The Services are intended for business use only. Consumers do not have the right to purchase or use the Services and consumer protection legislation shall not apply to business purchases made under these Terms.
- Access and Licence
Subject to your compliance with these Terms and payment of all applicable fees, PerformOS grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during your Subscription solely for your internal business purposes.
All rights not expressly granted are reserved by PerformOS. - Accounts
You are responsible for:
• maintaining the confidentiality of your login credentials;
• all activities occurring under your Account;
• ensuring authorised users comply with these Terms.
You must promptly notify us of any unauthorised use of your Account or any suspected security incident. - Acceptable Use
You must not:
• use the Services for any unlawful purpose;
• use the Services in violation of export control laws, sanctions laws, or trade restrictions;
• infringe the rights of any third party;
• upload malicious code, malware, viruses, or harmful content;
• interfere with or disrupt the Services;
• attempt to gain unauthorised access to systems or data;
• reverse engineer, decompile, disassemble, copy, modify, or create derivative works from the Services;
• resell, lease, sublicense, or commercially exploit the Services except as expressly authorised by us.
We may suspend or terminate access where we reasonably believe a breach of this section has occurred. - Subscription, Free Trial, Billing and Credits
7.1 Subscriptions
Subscriptions are billed in advance and renew automatically unless cancelled before the next billing date.
You authorise us and our payment processor, including Stripe, to charge all applicable fees, taxes, and charges associated with your Subscription.
All fees are exclusive of VAT and other applicable taxes unless expressly stated otherwise.
We may change pricing upon at least thirty (30) days’ prior notice. Any pricing changes will apply at the start of your next renewal period.
Failure to pay fees when due may result in suspension or termination of access to the Services.
7.2 Free Trial
Where PerformOS offers a Free Trial, the Free Trial will last until the earlier of:
(a) fourteen (14) days from the date the Free Trial begins; or
(b) the point at which the applicable Trial Credits have been used.
The number of Trial Credits available during a Free Trial will be stated at signup, in the applicable order flow, pricing page, or other purchase documentation.
These Terms apply during any Free Trial.
7.3 Payment Details During Free Trial
To access a Free Trial, you may be required to provide valid payment details through Stripe or another payment processor.
By starting a Free Trial and providing payment details, you authorise PerformOS and its payment processor to charge your payment method automatically when the Free Trial ends, unless you cancel before the end of the Free Trial.
7.4 Conversion to Paid Subscription
Unless you cancel before the Free Trial ends, your Free Trial will automatically convert into a paid Subscription when the Free Trial ends.
The Free Trial will end when the earlier of the following occurs:
(a) the fourteen (14) day Free Trial period expires; or
(b) the applicable Trial Credits are used.
Upon conversion to a paid Subscription, the Subscription fees applicable to the plan selected at signup will become payable and will be charged automatically using the payment method provided.
The first paid billing period will begin when the Free Trial converts into a paid Subscription.
7.5 Cancellation During Free Trial
You may cancel your Free Trial at any time before it converts into a paid Subscription.
If you cancel before the Free Trial ends, you will not be charged Subscription fees, but your access to the Services may end immediately or at the end of the Free Trial period, as determined by PerformOS.
7.6 Free Trial Eligibility
Unless expressly agreed otherwise by PerformOS in writing, each Customer or Customer Group is entitled to one Free Trial only.
Free Trials are provided on a per-Customer or per-Customer Group basis and not on a per-user, per-email address, per-employee, per-payment card, or per-Account basis.
PerformOS may treat accounts as belonging to the same Customer or Customer Group where they are associated with the same or substantially similar business name, trading name, company registration details, billing details, website, domain, email domain, payment method, connected ecommerce store, Shopify store, third-party integration, ownership, management, branding, or operational control.
PerformOS may refuse, withdraw, suspend, or terminate a Free Trial where it reasonably believes that a Customer or Customer Group has already received a Free Trial or is attempting to obtain multiple Free Trials, avoid payment, or circumvent usage limits.
Where a Free Trial is obtained in breach of this clause, PerformOS may require the Customer to move to a paid Subscription or may suspend or terminate access to the Services.
PerformOS reserves the right to determine Free Trial eligibility in its reasonable discretion.
7.7 Monthly Credits
Your Subscription may include a monthly allocation of Monthly Credits.
Monthly Credits may be used only during the billing period in which they are allocated and do not roll over to future billing periods unless expressly stated otherwise in the applicable plan, order flow, pricing page, or written agreement.
If your Monthly Credits are used before the end of the relevant billing period, access to certain features or usage-based elements of the Services may be limited, suspended, or require the purchase of Top-Up Credits.
7.8 Top-Up Credits
You may purchase Top-Up Credits for use with your Account.
Top-Up Credits will be applied to your Account and will be used only after the Monthly Credits included in your Subscription for the applicable billing period have been used.
Top-Up Credits are valid for twelve (12) months from the date of purchase, unless used earlier.
Any unused Top-Up Credits will automatically expire twelve (12) months after the date of purchase.
7.9 No Refunds for Credits
Top-Up Credits are non-refundable, non-transferable, and have no cash value.
No refunds, credits, or other compensation will be provided for unused, expired, partially used, or unused Top-Up Credits, except where required by law.
Top-Up Credits may not be exchanged for cash, transferred to another customer, or applied to another account unless expressly agreed by PerformOS in writing.
7.10 Order of Credit Usage
Unless otherwise stated by PerformOS, Credits will be used in the following order:
(a) Trial Credits, during any Free Trial;
(b) Monthly Credits included in the applicable Subscription; and
(c) Top-Up Credits.
Where multiple Top-Up Credit purchases are available on an Account, PerformOS may determine the order in which such Top-Up Credits are applied. - Service Availability and Support
We will use commercially reasonable efforts to maintain availability of the Services and provide support during our published support hours.
From time to time we may perform maintenance, upgrades, or modifications that may temporarily affect availability.
We do not guarantee uninterrupted or error-free operation of the Services. - Customer Data, Usage Data and Analytics
9.1 Customer Data Ownership
You retain all rights, title, and interest in and to Customer Data.
PerformOS does not acquire ownership of Customer Data through your use of the Services.
You grant PerformOS a limited, non-exclusive licence to host, store, process, transmit, analyse, and otherwise use Customer Data solely as necessary to provide, maintain, secure, support, improve, and operate the Services in accordance with these Terms.
You are responsible for ensuring that Customer Data is lawful, accurate, complete, current, and suitable for your intended use of the Services.
You represent and warrant that you have obtained all necessary rights, permissions, consents, and lawful bases required to provide Customer Data to PerformOS and to permit PerformOS to process such data in accordance with these Terms.
9.2 Customer Data Accuracy
The Customer is solely responsible for the accuracy, completeness, quality, legality, maintenance, and ongoing updating of Customer Data and any third-party data sources connected to the Services.
PerformOS does not independently verify Customer Data and shall not be liable for any inaccuracies, omissions, errors, recommendations, outputs, decisions, conclusions, or actions arising from:
• inaccurate Customer Data;
• incomplete Customer Data;
• outdated Customer Data;
• corrupted Customer Data;
• unavailable Customer Data; or
• incorrectly configured integrations or data sources.
The Customer acknowledges that the quality, relevance, and accuracy of outputs generated by the Services are dependent upon the quality, completeness, and accuracy of the Customer Data made available to the Services.
9.3 Usage Data
PerformOS may collect and generate operational, technical, diagnostic, telemetry, performance, usage, and analytics information relating to use of the Services (“Usage Data”).
Usage Data may include:
• interaction volumes;
• voice interaction metrics;
• messaging and text interaction metrics;
• service utilisation metrics;
• customer size classifications;
• subscription tier information;
• feature adoption metrics;
• performance statistics;
• API usage;
• system logs;
• support metrics; and
• similar operational information.
Usage Data does not include Customer Data in identifiable form.
PerformOS owns all rights, title, and interest in Usage Data and may use Usage Data for:
• operating and supporting the Services;
• security and fraud prevention;
• service optimisation;
• analytics;
• forecasting;
• benchmarking;
• customer segmentation;
• capacity planning;
• product development;
• business intelligence; and
• research and development.
9.4 Aggregated and De-Identified Data
PerformOS may generate aggregated, statistical, anonymised, and de-identified information derived from Customer Data and Usage Data (“Aggregated Data”).
Aggregated Data may be used for:
• analytics;
• benchmarking;
• industry reporting;
• forecasting;
• service optimisation;
• product development;
• research;
• business intelligence;
• publication of market insights and statistics; and
• development and improvement of the Services.
PerformOS owns all rights, title, and interest in Aggregated Data.
PerformOS will ensure that Aggregated Data does not identify, and cannot reasonably be used to identify, Customer, Customer users, or any individual person.
9.5 Tenant Isolation and AI Features
The Services are designed to operate using Customer-controlled and Customer-authorised data sources.
Customer Data is logically segregated and access-controlled to prevent unauthorised access by other customers.
PerformOS will not knowingly make Customer Data available to other customers.
Unless expressly agreed otherwise in writing, PerformOS does not use Customer Data, identifiable customer content, or personal data submitted through the Services to train shared artificial intelligence models for the benefit of other customers.
Certain features of the Services may utilise artificial intelligence, machine learning, recommendation engines, automation, and similar technologies.
AI-generated outputs are generated using Customer Data and Customer-authorised data sources made available within the Services.
While PerformOS takes reasonable steps to ensure the quality and performance of the Services, outputs may be affected by the quality, completeness, availability, accuracy, and configuration of Customer Data and connected systems.
Customers remain solely responsible for reviewing, validating and approving outputs before relying upon them for business, financial, legal, regulatory, operational, commercial or customer facing decisions.
9.6 Third-Party Systems and Integrations
The Services may integrate with third-party systems, applications, websites, APIs, databases, software platforms, and services controlled by the Customer or third parties, including ecommerce platforms, CRM systems, ERP platforms, customer support platforms, payment systems and other third-party business applications.
The availability and functionality of certain features of the Services may depend upon the availability, accuracy, operation, and continued compatibility of such third-party systems and integrations.
PerformOS is not responsible for the availability, operation, accuracy, performance, security, maintenance, or ongoing functionality of any third-party system or integration.
PerformOS shall not be liable for any interruption, degradation, delay, inaccuracy, reduction in functionality, or failure of the Services arising from:
• changes made by third-party providers;
• failures of third-party systems;
• API limitations or restrictions;
• integration failures;
• removal of access permissions; or
• Customer-controlled configuration or environment issues.
9.7 Feedback
Any suggestions, enhancement requests, recommendations, ideas, or other feedback provided by you relating to the Services may be used by PerformOS without restriction and without any obligation to compensate you. - Data Protection
PerformOS will process personal data in accordance with:
• applicable data protection laws, including the UK GDPR, the Data Protection Act 2018, and any other applicable privacy legislation;
• our Privacy Policy; and
• our Data Processing Addendum (“DPA”).
The Privacy Policy and DPA are incorporated into and form part of these Terms.
Where PerformOS processes personal data on behalf of a Customer, PerformOS shall act as a processor and the Customer shall act as a controller, except where applicable law requires otherwise.
PerformOS will implement and maintain appropriate technical and organisational measures designed to protect personal data against unauthorised access, disclosure, alteration, loss, or destruction. - Intellectual Property
The Services, Platform, Product, software, documentation, algorithms, trademarks, and all related intellectual property rights remain the exclusive property of PerformOS and its licensors.
Except for the limited rights expressly granted under these Terms, no ownership rights are transferred to you. - Confidentiality
Each party agrees to protect the other’s confidential information using reasonable care and not to disclose such information except:
• as required to perform obligations under these Terms;
• with prior written consent;
• where required by law.
Confidential information does not include information that is publicly available through no fault of the receiving party. - Warranties
PerformOS warrants that it has the legal right to provide the Services.
Except as expressly stated in these Terms, the Services are provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, PerformOS disclaims all implied warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement. - Limitation of Liability
Nothing in these Terms excludes or limits liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) wilful misconduct; or
(d) any liability which cannot lawfully be excluded or limited under applicable law.
Subject to the foregoing:
(a) neither party shall be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, revenue, business opportunities, goodwill, or anticipated savings; and
(b) PerformOS’s total aggregate liability arising out of or relating to the Services or these Terms shall not exceed the total fees paid by you to PerformOS during the twelve (12) months preceding the event giving rise to the claim. - Indemnity
You agree to indemnify and hold harmless PerformOS, its officers, employees, and affiliates against any claims, losses, liabilities, costs, and expenses arising from:
• your breach of these Terms;
• your misuse of the Services;
• your Customer Data;
• your violation of applicable law or third-party rights.
- Suspension and Termination
We may suspend or terminate your access immediately if:
• you materially breach these Terms;
• payment remains overdue;
• we reasonably believe your use poses a security, legal, or operational risk.
You may cancel your Subscription at any time. Cancellation will take effect at the end of the then-current billing period unless otherwise stated. Free Trials may be cancelled in accordance with Clause 7.5.
Upon termination:
• your right to access the Services ends immediately;
• we may delete Customer Data in accordance with our retention policies and DPA. - Changes to the Services
We may modify, enhance, replace, or discontinue features of the Services from time to time.
We will use reasonable efforts to provide notice of material changes where practicable. - Force Majeure
Neither party shall be liable for delay or failure to perform obligations caused by events beyond its reasonable control, including natural disasters, internet outages, cyberattacks, labour disputes, governmental actions, or failures of third-party service providers. - Changes to These Terms
We may update these Terms from time to time.
Updated versions will be posted on our website and become effective on the date stated at the top of the document.
Continued use of the Services following such updates constitutes acceptance of the revised Terms. - Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms. - Entire Agreement
These Terms, together with the Privacy Policy, DPA, and any Order Form or pricing page expressly incorporated by reference, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements, discussions, and understandings. - Contact
Questions regarding these Terms may be directed to PerformOS Limited at:
Highland House
Mayflower Close
Chandlers Ford
Eastleigh
SO53 4AR
Email: [email protected]