Terms & Conditions

These Terms form a binding agreement between you (or the entity you represent) and Perpetuity Solutions (Pty) Ltd. Acceptance occurs at the earliest of: completing an order, activating a free trial, making payment, or using the Platform. You must be 18 years or older and have legal capacity under South African law.

We provide a cloud-based SaaS platform. We grant you a limited, non-exclusive, non-transferable right to access and use the Platform for the duration of your Subscription. Material reductions to features will be communicated 30 days in advance.

Uptime target: 99.5% monthly, excluding scheduled maintenance and force majeure events.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Registration information must be accurate. Sharing credentials is prohibited, except where multi-seat plans expressly permit it.

• All fees are in South African Rand (R). Perpetuity Solutions is not currently VAT registered.
• Subscription Fees are billed in advance for each Billing Cycle
• You authorise automatic recurring charge to your nominated payment method
• Payment is processed via PayFast or Peach Payments
• Failed payments: access suspended after 7 Business Days of non-payment
• Price changes: 30 days' notice. Increases >10% allow penalty-free cancellation within the notice period

Our Subscription Fees are back-to-back with our Upstream Provider. Subscription Fees, once paid, are non-refundable.

• Monthly subscriptions — non-refundable; access continues until end of Billing Cycle
• Annual subscriptions — non-refundable; no pro-rata refund on early cancellation
• Minimum commitment plans — full term fees due regardless of early cancellation

Setup and onboarding fees become non-refundable as soon as work commences. A 24-hour cancellation window is available before commencement, at our discretion. "Commencement" means any action taken by us in response to your order, including discovery scheduling.

Variable usage charges (voice, SMS, AI tokens, email) are non-refundable once consumed. Purchased wallet credits are refundable to the original payment method if unused. Complimentary credits have no cash value. Refunds for third-party services are governed by those providers' terms.

No charge applies if you cancel before the trial expires. Once the trial converts to a paid Subscription, the first Billing Cycle is non-refundable. We reserve the right to terminate trials used in bad faith.

Such refunds are subject to deduction of payment processing fees, are limited to the first payment, and do not constitute an entitlement.

Cancellation requests must be sent in writing to billing@perpetuity.solutions and must include your account name, registered email, and the subscriptions to cancel.

• We acknowledge cancellation requests within 2 Business Days
• You must export any data you wish to retain before access ends
• Late requests take effect from the next Billing Cycle

Initiating a chargeback before engaging our dispute process results in immediate access suspension and is treated as a material breach. We reserve the right to recover incurred costs and apply a R1,500 reinstatement fee.

Dispute escalation: Internal review (5 Business Days) → Escalation to senior management (10 Business Days) → Mediation → South African courts.

You may not use the Platform to:

• Send unsolicited commercial communications (spam) in violation of ECTA
• Process personal information in violation of POPIA
• Harass, defraud, or impersonate any person
• Attempt unauthorised access to systems or other accounts
• Reverse engineer or attempt to extract source code
• Resell access without an Agency / White-Label licence
• Operate businesses prohibited by South African law
• Perform automated scraping beyond documented API limits

Breach may result in immediate suspension and termination.

All Platform intellectual property is and remains the property of Perpetuity Solutions. You retain ownership of content you upload. White-Label Resellers receive a limited rebranding right only and may not represent the underlying technology as proprietary.

Personal information is processed in accordance with our Privacy Policy. Where you upload data about your own customers, you remain the responsible party under POPIA. We delete client-uploaded data within 30 days of account closure.

Resellers are solely responsible for all fees due to us, regardless of whether End-Clients pay. Resellers are solely responsible for any refunds owed to End-Clients. Perpetuity Solutions is not party to any reseller / End-Client agreement. Acceptable Use Policy violations by End-Clients may result in termination of the Reseller account.

To the maximum extent permitted by law, our aggregate liability for any claims arising from these Terms is limited to the fees paid by you in the three months preceding the claim. We are not liable for indirect, consequential, or punitive losses, including lost profits or business interruption.

These limitations do not apply to: liability for negligence-caused death or injury; fraud; or rights mandated by the Consumer Protection Act.

The Platform is provided "as is" and "as available". We make no warranty of uninterrupted service, specific business outcomes, or absolute analytics accuracy. You are solely responsible for reviewing any automated communications before they are deployed to your customers.

By you — written cancellation, taking effect at end of the current Billing Cycle, with no refund.

By us — for unremedied material breach (5 Business Days' notice), AUP violations, insolvency, or repeated non-payment.

Provisions relating to IP, liability, warranties, dispute resolution, and governing law survive termination.

• s.14 — fixed-term cancellation rights with reasonable penalty apply where the CPA covers you
• s.20 — return rights are inapplicable to digital services already consumed
• s.48 — any term found unfair will be severed without affecting the remainder
• s.22 — these Terms are written in plain language

Where you process the personal information of your own customers using the Platform, you are the responsible party and Perpetuity Solutions is the operator. Post-cancellation, data is deleted in accordance with the retention periods in our Privacy Policy. Clients in regulated industries must ensure their use complies with sector-specific obligations.

These Terms are governed by the laws of the Republic of South Africa. The South African courts have non-exclusive jurisdiction. You consent to the jurisdiction of the Magistrates' Court for any claim within its monetary jurisdiction. Urgent relief may be sought in any competent court.

We may amend these Terms with 14 calendar days' email notice before material changes take effect. Continued use after the effective date constitutes acceptance. Where a change is materially adverse to you, you may cancel at the end of the Billing Cycle within the notice period.