Terms of Service

Effective date: 2026-04-14 Last updated: 2026-04-14

Draft for engineering and founder review. Counsel must review before publication. In particular: arbitration clause, limitation of liability, choice of law, and any state-specific consumer protection carve-outs.

These Terms of Service ("Terms") govern your use of PrimeX, a field-service operating system provided by PrimeX (the "Company," "we," "us," or "our"). By using PrimeX, you agree to these Terms.

1. Acceptance of terms

By creating an account or using PrimeX, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the service. If you are using PrimeX on behalf of a business, you represent that you have authority to bind that business, and "you" means that business.

2. The service

PrimeX provides software tools for managing customers, jobs, schedules, invoices, estimates, messages, and business intelligence for residential service businesses. PrimeX includes the Prime AI assistant, which uses Anthropic's Claude API to generate drafts, suggestions, and schedule optimizations.

We reserve the right to modify, add to, or remove features at any time. We will communicate material changes in advance through in-app notice, email, or both.

3. Your account

You must provide accurate information when creating your account and keep your credentials confidential. You are responsible for all activity that occurs under your account. Contact support@primex.it.com immediately if you believe your account has been compromised.

One account is intended for one business. Team members should be added through the Team screen, not by sharing credentials.

4. Acceptable use

You may not use PrimeX to:

• Send SMS or email to anyone who has not given the required consent
• Violate the TCPA, CAN-SPAM, or any other telecommunications law
• Send spam, phishing, malware, or other harmful content
• Impersonate another person or entity
• Scrape, reverse engineer, or resell any part of the service
• Infringe any third party's intellectual property rights
• Circumvent security measures or attempt unauthorized access
• Use the service to harass, threaten, or harm anyone
• Conduct illegal activity of any kind

We reserve the right to suspend or terminate accounts that violate this section with or without notice, particularly for TCPA/CAN-SPAM violations that expose us or our other customers to regulatory risk.

A separate Acceptable Use Policy governs specific prohibitions and may be updated without re-acceptance.

5. Subscription and billing

PrimeX is offered in free and paid tiers. Paid subscriptions auto-renew monthly or annually until cancelled.

• Cancellation takes effect at the end of the current billing period. You retain access until then.
• Refunds are not offered for partial billing periods.
• Price changes will be communicated at least 30 days in advance and take effect at your next renewal.
• Payment processing is handled by Stripe. We do not see or store full card numbers.
• Failed payments will be retried up to three times; persistent failure results in downgrade to the free tier.
• Taxes where applicable are billed in addition to the subscription fee.

6. Customer data and intellectual property

You own your customer records, job history, messages, invoices, and all data you create or upload in PrimeX. We do not claim any ownership over your data.

You grant us a limited, non-exclusive, royalty-free license to store, process, display, and transmit your data solely as necessary to provide the service. This license ends when you delete your data.

PrimeX software, branding, design, and documentation are owned by PrimeX or its licensors. You may not copy, modify, or redistribute any part of it.

7. Messaging compliance (your responsibility)

When you use PrimeX to send SMS or email to your customers, you are the sender and you are responsible for:

• Obtaining any required consent before sending marketing messages (TCPA requires prior express written consent for marketing SMS)
• Honoring opt-out requests (PrimeX automatically processes STOP replies and marketing footer unsubscribe clicks; you must not re-add opted-out customers)
• Observing quiet hours (PrimeX enforces the federal 8 AM–9 PM window but you are responsible for stricter state-specific rules that may apply, such as Florida FTSA)
• Clearly identifying your business in every message (PrimeX templates do this for you)
• Maintaining records of consent capture

We provide the tools but we do not warrant that your specific use complies with every applicable law in every jurisdiction. Consult qualified counsel for your specific situation.

8. AI features

Prime AI features generate draft text, suggestions, and schedule proposals based on your account context. You must review every AI-generated output before sending or executing it. We do not warrant that AI output is accurate, appropriate, or complete.

You remain responsible for all content you send to your customers, even if PrimeX suggested it.

9. Service availability

We aim for high availability but we do not guarantee uninterrupted service. We may perform maintenance, investigate incidents, or suspend the service temporarily for operational reasons. We will communicate planned downtime when possible.

The offline-first architecture of PrimeX means that many features continue to work without a connection; writes are queued and synced when connectivity returns. Sync conflicts are handled conservatively, and in rare cases your optimistic changes may be rolled back if they fail server-side validation.

10. Disclaimers

PrimeX is provided "as is" and "as available." We disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.

We do not warrant that the service will be uninterrupted, error-free, or secure from all threats.

11. Limitation of liability

To the fullest extent permitted by law, PrimeX and its officers, employees, agents, and affiliates are not liable for:

• Indirect, consequential, incidental, special, or punitive damages
• Lost profits, lost revenue, lost data, or business interruption
• Any damages in excess of the amount you paid us in the 12 months preceding the claim

This limitation applies regardless of legal theory (contract, tort, strict liability, or otherwise).

12. Indemnification

You agree to indemnify, defend, and hold harmless PrimeX from any claim, loss, or expense (including reasonable attorney fees) arising from: your use of the service in violation of these Terms, your violation of any law or third-party right, your content or messages sent through the service, or your relationship with your own customers.

13. Termination

You may terminate your account at any time through the Settings screen or by contacting support@primex.it.com. Upon termination, your access to the service ends and your data is scheduled for permanent deletion per our Privacy Policy.

We may terminate or suspend your account with or without notice if you violate these Terms, if required by law, or if continued service would expose us to material legal or financial risk.

Sections 6, 10, 11, 12, 14, 15, and 16 survive termination.

14. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. Any dispute will be resolved in the state or federal courts located in Delaware, except as otherwise required by applicable consumer protection law.

15. Dispute resolution

(Draft — pending counsel review.) Any dispute arising from these Terms or the service will first be subject to a good-faith negotiation process for 30 days. If unresolved, disputes will be resolved through binding arbitration administered by JAMS under its Streamlined Arbitration Rules. Class action waivers apply where permitted by law.

California residents have additional rights under the California Consumer Privacy Act (CCPA) and may contact privacy@primex.it.com to exercise them.

16. Changes to these Terms

We will notify you of material changes at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.

17. Contact

support@primex.it.com · PrimeX