1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of Performant (the “Service”), operated by Highly Performant Limited (“we,” “us,” or “our”).

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use Performant.

2. Description of Service

Performant is an AI-powered analytics platform that aggregates engineering, code, and operational data to measure team performance, efficiency, and ROI. The Service is provided “as is” and may be updated or modified from time to time.

3. Eligibility

You must be at least 18 years old and authorized by your employer or organization to use the Service. By registering, you represent that the information provided is accurate and that you have authority to act on behalf of your organization.

4. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials.
You must notify us immediately if you suspect unauthorized access.
We are not liable for losses caused by your failure to secure your account.

5. Acceptable Use

You agree not to:

Use the Service for unlawful, harmful, or fraudulent purposes.
Reverse-engineer, copy, or resell the Service or its models.
Access data or systems without authorization.
Interfere with the operation or integrity of the Service.
Upload or transmit malicious code or data.

Violation may result in suspension or termination of your account.

6. Data and Intellectual Property

All content, algorithms, and analytics generated by Performant remain the intellectual property of Highly Performant Limited, unless otherwise agreed in writing.
You retain ownership of your own input data (e.g., your integrated systems’ data).
By using the Service, you grant us a non-exclusive, revocable license to process and analyze your data solely for providing and improving the Service.

7. Payments and Billing

Paid plans are processed securely via Stripe. All fees are billed according to the plan selected. Subscriptions automatically renew unless canceled in accordance with the billing terms.

We may suspend or terminate accounts for non-payment or fraudulent activity.

8. Service Availability

We strive for continuous uptime but do not guarantee uninterrupted access. Maintenance, upgrades, or outages may occur from time to time.

We are not liable for any loss resulting from downtime, delays, or interruptions.

9. Limitation of Liability

To the maximum extent permitted by law:

Performant is provided “as is” and “as available.”
We make no warranties of merchantability, fitness for purpose, or non-infringement.
Highly Performant Limited shall not be liable for any indirect, incidental, or consequential damages, including data loss or loss of profits, arising from use or inability to use the Service.

10. Indemnification

You agree to indemnify and hold Highly Performant Limited, its officers, employees, and affiliates harmless from any claim, loss, or damage (including legal fees) arising from your misuse of the Service or violation of these Terms.

11. Termination

We may suspend or terminate access to the Service at any time, with or without cause, including for:

Breach of these Terms.
Non-payment or misuse.
Legal or regulatory requirements.

Upon termination, your right to access the Service ceases immediately, and we may delete related data as permitted by law.

12. Governing Law

These Terms shall be governed by and construed under the laws of the United Arab Emirates, without regard to conflict of law principles. Disputes shall be resolved through the competent courts of Abu Dhabi, UAE.

13. Changes to Terms

We may update these Terms periodically. The revised version will be effective upon posting. Continued use of the Service constitutes acceptance of the new Terms.

14. Contact

For any questions or concerns about these Terms, contact:

Highly Performant Limited
Smart Station, Floor 1, Masdar City, Abu Dhabi, United Arab Emirates
Email: privacy@highlyperformant.com