TOPCODE AI — TERMS OF SERVICE
Effective Date: 26 August 2026
Last Updated: 26 August 2026
1. Introduction
These Terms of Service (“Terms”) govern your access to and use of the TopCode AI platform (“TopCode AI”, “Platform”, “Service”, “we”, “us”, or “our”), operated by TopCode.
By creating an account, accessing the Platform, purchasing AI message credits, or otherwise using the Service, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not use the Service.
TopCode provides software development and software-as-a-service solutions to businesses. TopCode AI is a cloud-based software platform that enables businesses to deploy AI-powered customer communication and support functionality.
2. The TopCode AI Service
TopCode AI provides businesses with software functionality that may include:
- AI-powered customer communication;
- AI-generated responses to customer enquiries;
- Business-specific knowledge base management;
- Customer conversation management;
- AI-to-human conversation handoff;
- Conversation history;
- Usage monitoring;
- AI message usage tracking;
- API-based integrations;
- Account and organisation management; and
- Other AI-powered software functionality that TopCode may introduce from time to time.
The specific functionality available to a customer may depend on the customer’s account, configuration, subscription or usage level.
3. Customer Accounts
To use certain features of TopCode AI, you must create an account.
You agree to:
- provide accurate and current information;
- maintain the confidentiality of your login credentials;
- take reasonable steps to prevent unauthorised access to your account;
- notify TopCode promptly if you believe your account has been compromised; and
- ensure that individuals using your account are authorised to do so.
You are responsible for activity occurring through your account unless that activity resulted directly from TopCode’s failure to maintain reasonable security measures.
TopCode may suspend or restrict an account where we reasonably believe that the account is being used unlawfully, fraudulently, abusively, or in breach of these Terms.
4. AI Message Credits
TopCode AI uses “AI messages” as the primary unit for measuring customer usage.
An AI message generally means one successful customer-facing response generated by the TopCode AI system.
Customer messages and messages sent by human agents are not themselves treated as AI messages.
The exact definition of a billable AI message may be communicated through the Platform and may be updated where necessary.
5. Free AI Messages
TopCode may provide new customers with a complimentary allocation of AI message credits.
Free credits:
- are provided for evaluation and promotional purposes;
- have no cash value;
- cannot be exchanged for cash;
- cannot be transferred to another account;
- cannot be sold or resold; and
- may expire or be withdrawn where specifically stated.
- TopCode may determine the number of complimentary messages provided to a customer.
6. Purchased AI Message Credits
Customers may purchase AI message packages through the Platform.
Purchased credits:
- are digital service credits;
- may only be used within the TopCode AI platform;
- are not currency;
- are not a deposit or stored monetary value;
- are not redeemable for cash;
- cannot be transferred between unrelated accounts;
- cannot be sold or resold; and
- cannot be used to purchase products or services outside TopCode AI.
Purchased credits provide access to the applicable AI functionality rather than ownership of any underlying software, AI model, technology, or intellectual property.
7. AI Message Usage
AI messages are deducted from the customer’s available message allocation when a qualifying AI-generated response is successfully processed and delivered through the Platform.
TopCode may maintain usage records for purposes including:
- calculating message usage;
- maintaining account balances;
- billing;
- fraud prevention;
- service monitoring;
- troubleshooting; and
- improving the reliability of the Platform.
Where an AI request fails and no customer-facing AI response is successfully generated, TopCode will use reasonable measures to ensure that the customer is not incorrectly charged for that failed response.
8. Message Balance
Customers are responsible for maintaining sufficient AI message credits for continued use of the Service.
Where a customer’s available message balance reaches zero, TopCode may automatically suspend AI responses until additional credits are purchased.
TopCode may provide low-balance notifications where supported by the Platform.
9. Pricing
Prices for AI message packages and other paid functionality are displayed on the Platform at the time of purchase.
Prices may change from time to time.
Any pricing change will not retroactively alter credits that have already been purchased.
Unless otherwise stated, prices are displayed in South African Rand (ZAR).
Applicable taxes, including VAT where required, may be included in or added to displayed prices as required by applicable law.
10. Payments
Payments for TopCode AI services are processed through third-party payment providers, including PayFast.
TopCode does not receive or store customers’ complete payment card details where those details are processed directly by the applicable payment provider.
A purchase is considered successful only once payment has been successfully confirmed by the relevant payment provider.
TopCode reserves the right not to allocate purchased AI message credits where a payment has failed, been reversed, cancelled, or otherwise not been successfully confirmed.
11. Refunds
AI message credits are digital service credits and are generally non-refundable once purchased and allocated to an account, except where:
required by applicable law;
TopCode has charged a customer in error;
TopCode expressly agrees to a refund; or
a refund is required as a result of a confirmed payment or technical error.
Where a refund is approved, TopCode may reverse unused credits associated with the relevant transaction.
Credits may not be exchanged for cash.
12. No Third-Party Payment Collection
TopCode AI is operated solely for the provision of TopCode’s own software services.
TopCode does not use the Platform or its payment facilities to collect, process, or hold payments on behalf of unrelated third parties.
Customers purchase software services provided by TopCode.
13. Customer Content and Knowledge Base
Customers may upload or provide information to the Platform, including:
- documents;
- FAQs;
- website content;
- product information;
- business policies;
- text;
- customer-support information; and
- other business information.
This information is referred to as “Customer Content”.
You retain ownership of your Customer Content.
You grant TopCode a limited licence to host, process, reproduce, transmit and otherwise use Customer Content only as reasonably necessary to provide, maintain, secure and improve the Service.
You are responsible for ensuring that you have all necessary rights, permissions and lawful grounds to provide Customer Content to TopCode.
14. Customer Responsibility for Knowledge Base Information
You are responsible for the accuracy, legality and appropriateness of information provided to your AI agent.
TopCode does not guarantee that an AI agent will always interpret Customer Content correctly or provide a response that is complete, accurate or appropriate.
You should ensure that appropriate human oversight is available for matters requiring professional, legal, financial, medical, technical, or otherwise specialised advice.
15. Artificial Intelligence Disclaimer
TopCode AI uses artificial intelligence technologies to generate responses.
AI-generated responses may occasionally be:
- inaccurate;
- incomplete;
- outdated;
- ambiguous;
- inappropriate;
- misleading; or
- inconsistent.
The Service should therefore not be treated as a substitute for professional human judgement where such judgement is required.
Customers remain responsible for determining how AI-generated responses are used in their business.
TopCode does not guarantee that every AI-generated response will be factually correct or suitable for a particular situation.
16. Human Handoff
Where enabled, TopCode AI may transfer conversations from an AI agent to a human representative.
Customers are responsible for determining appropriate human-handoff rules and ensuring that human representatives are available where required.
The availability and operation of human handoff functionality may depend on the customer’s configuration and integrated systems.
17. Third-Party AI Services
TopCode may use third-party artificial intelligence, hosting, infrastructure, communications, analytics or other technology providers to operate the Service.
These providers may change over time.
TopCode may route requests between different technology providers to improve performance, availability, cost efficiency or reliability.
Customers do not acquire any direct rights to third-party services or AI models through their use of TopCode AI.
18. API Access
Where API access is provided, customers are responsible for protecting their API keys.
API keys must not be:
- publicly exposed;
- committed to public repositories;
- shared with unauthorised persons; or
- embedded in insecure client-side applications where doing so could expose the key.
Customers are responsible for activity performed using their API keys.
TopCode may revoke or suspend API keys where misuse, compromise, excessive usage or security concerns are detected.
19. Acceptable Use
You may not use TopCode AI to:
- conduct unlawful activities;
- facilitate fraud;
- impersonate another person or organisation;
- distribute malicious software;
- facilitate harassment or abuse;
- generate or distribute unlawful content;
- violate another person’s intellectual property rights;
- collect personal information unlawfully;
- circumvent security controls;
- interfere with the operation of the Platform;
- attempt to gain unauthorised access to the Platform;
- abuse API access or usage limits; or
- otherwise use the Service in violation of applicable law.
TopCode may suspend or terminate accounts involved in prohibited activity.
20. Intellectual Property
The TopCode AI Platform, including its software, interface, architecture, branding, documentation and underlying technology, remains the property of TopCode or its licensors.
Except for the limited right to use the Service under these Terms, no intellectual property rights are transferred to the customer.
You may not copy, reproduce, modify, reverse engineer, distribute, resell or commercially exploit the Platform except where expressly permitted by TopCode.
21. Customer Feedback
If you provide suggestions, ideas, recommendations or other feedback regarding TopCode AI, you grant TopCode permission to use that feedback without compensation or obligation to you.
22. Service Availability
TopCode will make reasonable efforts to maintain availability of the Platform.
However, the Service may occasionally become unavailable because of:
- maintenance;
- upgrades;
- technical failures;
- third-party provider outages;
- network failures;
- security incidents;
- circumstances outside TopCode’s reasonable control; or
- other operational requirements.
TopCode does not guarantee uninterrupted availability.
23. Suspension
TopCode may suspend access to the Service where:
- payment obligations are not met;
- an account reaches zero available paid/free messages;
- the account is being used unlawfully;
- these Terms are breached;
- fraudulent activity is suspected;
- security risks are identified; or
- suspension is reasonably necessary to protect the Platform or other users.
Where reasonably possible, TopCode will provide notice before suspension.
24. Termination
You may stop using the Service at any time.
TopCode may terminate an account where the customer materially breaches these Terms or where continued provision of the Service is reasonably necessary to comply with law, regulatory requirements or security obligations.
Upon termination, access to the Platform may be disabled.
Unused AI message credits generally do not have a cash redemption value.
25. Data and Privacy
Your use of TopCode AI is also governed by the TopCode AI Privacy Policy.
The Privacy Policy explains how TopCode collects, uses, stores, protects and processes personal information.
26. Limitation of Liability
To the maximum extent permitted by applicable law, TopCode will not be liable for indirect, incidental, special, consequential or business losses arising from use of the Service, including loss of profits, revenue, business opportunities, data or goodwill.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
27. Indemnity
To the extent permitted by law, you agree to indemnify and hold TopCode harmless against claims, losses, damages and reasonable costs arising from:
- your unlawful use of the Service;
- your breach of these Terms;
- Customer Content supplied by you;
- your violation of another person’s rights; or
- your misuse of the Platform or API.
28. Changes to the Service
TopCode may modify, improve, add or remove functionality from the Platform from time to time.
Where a material change substantially affects paid functionality, TopCode will provide reasonable notice where appropriate.
29. Changes to These Terms
TopCode may update these Terms from time to time.
The latest version will be published on the TopCode AI website.
Continued use of the Service after the effective date of updated Terms constitutes acceptance of the updated Terms, subject to applicable law.
30. Governing Law
These Terms are governed by the laws of the Republic of South Africa.
Any dispute arising from these Terms will be subject to the applicable courts and dispute-resolution mechanisms of South Africa.