Terms of Service

Welcome to Primitive! We’re glad you’re here.

These Terms of Service (“Terms”) govern your access to and use of the Primitive website, currently located at primitive.com (“Site”),the features and functionality of the Site, and Primitive’s other digital assets (such as product demos, videos, and mobile apps) that we make available online through other sites or services in a manner that indicates they are subject to these Terms (all of the above, the “Services”).

These Terms are a legally binding contract between you and Primitive. By registering for, accessing, or using any portion of the Services, or by selecting “I agree” or “I accept” or making a similar indication of assent when presented with these Terms electronically, you are accepting and agreeing to be bound by these Terms, which contain (among other things) disclaimers, limitations of liability, class-action waivers, and other terms that affect your legal rights and remedies. Please read these Terms carefully before proceeding. Please also review our Privacy Policy to understand how we collect and use your information. If you are not eligible for the Services, or if you do not agree to these Terms, then you do not have permission to use the Services.

For clarity, these Terms give you no rights to access or use Primitive’s proprietary agentic AI platform or associated application programming interfaces (APIs), agents, products, or services (collectively, the “Platform”). Access to and use of the Platform requires, and is governed by, a separate license agreement, services agreement, or other applicable agreement executed between Primitive and the relevant customer or authorized user. In the event of any conflict between these Terms and any such agreement with respect to the Platform, such separate agreement shall control.

The following terms and conditions apply to the use of the Services as defined above.

In these Terms, the words “Primitive,” “we,” and “us” refer to CiDR Technologies, Inc., d/b/a Primitive, and the word “you” refers to the company, individual, or other entity that is accepting or has accepted these Terms as described above. Any individual registering for the Services (or otherwise purporting to accept these Terms) for or in the name of a company or other entity represents and warrants that he or she is authorized and intends by those actions to bind that company or other entity as a party to these Terms.

To be eligible for the Services: (a) you must have the power, right, and capacity to form and be bound legally by a contract with us, and be at least 18 years old if you are an individual; (b) you must not have been previously suspended or removed from the Services (unless we specifically authorize your re-registration in writing); and (c) your use of the Services, and your operation of any business for which you use the Services, must comply with all applicable laws and regulations. You represent and warrant that you meet these eligibility criteria. If you become ineligible, you must immediately stop using the Services.

We reserve the right to update these Terms from time to time in our sole discretion. The “Last Updated” date posted above indicates when these Terms were last changed. Any changes will be effective upon posting the updated version of these Terms. Your use of the Services following any changes to these Terms will constitute your acceptance of such changes.

• Do not create competing products or services. You agree not to use the Services to develop products or services that compete with Primitive.
• Do not copy or reverse engineer. You agree that you will not reverse-engineer, decompile, or disassemble any part of the Services (or the underlying ideas, algorithms, structure or organization).
• Do not remove or obscure any proprietary notices. You agree that you will not remove or obscure any copyright notices, identification or any other proprietary notices from any of the software, platform, content and/or any proprietary information in the Services.
• Do not violate intellectual property rights. You acknowledge and agree that these Terms are not intended to convey or transfer to you any intellectual property right or to grant any licenses in or to any technology, intellectual property or content. You will not use these Services to infringe anyone’s intellectual property rights.
• Do not use data gathering or extraction tools. You agree not to use any robot, spider, crawler, site search/retrieval application or other manual or automatic data gathering or extraction tools to access, acquire, copy, monitor, aggregate, retrieve, index, “scrape,” “data mine” or otherwise gather any content or any portion of the Services for any purpose. You will not harvest or collect information about users on the Services.
• Do not misrepresent AI-generated content. You agree that you will not misrepresent AI-generated content as human-created.
• Do not violate any applicable laws. You agree not to use the Services or any of their content in any manner that violates any applicable laws, regulations, or third-party rights.
• Do not post objectionable material. You agree that you will not post, transmit or otherwise make available through or in connection with the Services any materials that are or may be: (a) harmful, threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent, false, deceptive or; (c) obscene, indecent, vulgar, pornographic or otherwise objectionable or in violation of law.
• Do not make financial or investment decisions. You agree not to use any information obtained from the Services as a basis for making financial, investment, trading, or lending decisions, or represent or imply that Primitive has endorsed or approved any such decision.
• Do not interfere with or disrupt the Services. You agree that you will not interfere with or disrupt the operation of the Services or the servers, APIs, or networks used to make the Services available, including by hacking or defacing any portion of the Services; exceeding rate limits or circumventing technical limitations; or violating any requirement, procedure or policy of such servers or networks. You will not use the Services to generate malware, spam, or harmful content. Further, you will not restrict or inhibit any other person from use of the Services.

You agree to access and use the Services only for your lawful internal business purposes. You also agree to ensure that your employees and other personnel accessing or using the Services on your behalf comply with all relevant terms and conditions of these Terms, including the preceding sentence and the prohibitions set forth above. You represent and warrant that any information you provide to or through the Site or otherwise in connection with the Services is and will remain accurate and complete, and that you will maintain and update such information as needed.

The availability, features, functionality, and content of the Services are subject to change or discontinuation at any time without notice. Without limiting the foregoing, we may terminate your account (if any) for any Services, or suspend or terminate your access to the same, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination or suspension.

Some Services, such as particular areas or features of the Site, may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of those Services, as posted on the Site or otherwise communicated by us in connection with offering such Services, and may require you to register an account and/or pay applicable fees. Your use of such Services indicates your acceptance of such terms, conditions and requirements, all of which are hereby incorporated into these Terms; provided, however, that to extent of any conflict, any Service-specific terms and conditions will take precedence over these more general Terms (but only with respect to the applicable Services).

If you have a question or complaint regarding the Services, please send an e-mail to compliance@primitive.com. Please note that e-mail communications will not necessarily be secure; therefore, you should not include any information you consider sensitive in your e-mail correspondence. Without limiting the foregoing, if you provide us with any suggestions, feedback, or other input regarding the Services or any of our other existing or potential products, services, or technologies, then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to use and exploit such suggestions, feedback, and other input in any manner and for any purpose, without compensation, attribution, confidentiality, or other obligations to you.

All content, materials, and features available on or through the Services (“Content”) are the exclusive property of Primitive and our suppliers. You may not use our trade names, trademarks, service marks or logos in connection with any product or service without the prior written consent of Primitive. Subject to your compliance with these Terms, Primitive grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Content, as made available on the Site or as part of the Services, solely for your internal business purposes.

Third-party trademarks, information, content, and other materials are the property of their respective owners. We neither control nor endorse, nor are we responsible for, any third-party materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of third-party materials, or any intellectual property rights therein. If you decide to leave the Services and access or use third party sites, you do so at your own risk and you should be aware that these Terms give you no rights in relation to such sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party website to which you navigate from the Services.

These Terms will be governed by the laws of the State of Utah, without regard to conflict of law principles. Any legal action not subject to arbitration shall be brought in the state or federal courts located in Salt Lake City, Utah. We make no representation that the Services are or will be appropriate or available for use in all locations. If you are accessing the Services from outside the United States, you agree to comply with any local laws that apply to your access and use of the Service.

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not located in, or a resident or national of, any country subject to a United States government embargo or other restriction, or that has been designated by the United States government as a “terrorist supporting” country or on any of the United States government lists of restricted end users.

The services are provided on an “as-is” and “as available” basis. you acknowledge that your use of the services is at your sole risk, and that we will not be held liable in any way. primitive and its suppliers, vendors, and licensors do not make, and expressly disclaim, any warranty, express or implied, regarding the services, content, or any goods or services advertised by third parties via the services. all warranties, including implied warranties of merchantability and fitness for a particular purpose, are expressly disclaimed to the maximum extent permitted by law. We make no warranty or representation that any part of the services will be uninterrupted, error-free, virus-free, safe to download, timely, secure, accurate, complete, adequate, useful, reliable, physically safe, or of any quality or that any defects will be corrected. We assume no responsibility for the unavailability of the services, or for viruses created by third parties, or for information provided by third parties.

Subject to the following paragraph: (a) primitive will not be liable for any indirect, incidental, whether or not foreseeable, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, accuracy of results, computer failure, or malfunction, whether arising out of breach of express or implied warranty, breach of contract, negligence, misrepresentation, strict liability or otherwise; and (b) primitive’s total aggregate liability for all damages arising from or related to these terms or the services shall not exceed the greater of the amount of fees you paid for the services (if any) in the six (6) months preceding the claim or on hundred dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation of liability for certain types of damages or in certain circumstances. In such jurisdictions, the above exclusions and limitations shall apply to the fullest extent permitted by applicable law. Nothing in these terms shall exclude or limit liability to the extent that such exclusion or limitation is not permitted under applicable law, including, where applicable, the laws of the European Union, the United Kingdom, or Brazil.

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Primitive and its officers, directors, employees, and agents from and against any costs, claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from (i) your use of the Services (including but not limited to any third-party claim that your use of the Services (a) infringes any intellectual property, trade secrets, or other third-party rights or (b) violates any applicable law); (ii) your violation of these Terms; or (iii) any information, content, or other materials that you provide.

You agree to the following:

A Informal Resolution

Before initiating any formal proceedings, including arbitration, you agree to first contact us at legal@primitive.com and attempt to resolve any dispute informally. Both parties will use good-faith efforts to resolve the dispute informally for a period of at least 60 days from the date you provide us notice of the dispute (“Informal Resolution Period”). If the dispute is not resolved within the Informal Resolution Period, either party may then initiate formal dispute resolution in accordance with this Section 16.

B Class Action and Jury Trial Waiver

To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. you and primitive each waive any right to a jury trial in connection with any dispute arising out of or relating to these terms.

C Arbitration

If you and Primitive cannot resolve a dispute informally, any dispute arising from or relating to these Terms (and any preliminary questions of arbitrability) shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be before a single arbitrator, applying these Terms’ specified governing law, and will be conducted in the English language in Salt Lake City, Utah.

D Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

A Severability

If any provision of these Terms of Use is found to be invalid, void, unlawful, or for any reason unenforceable by any arbitrator or court having competent jurisdiction, then the provision shall be deemed amended so as to make it enforceable while still achieving its original intent as fully as possible or (if it cannot be so amended) severable from these Terms without diminishing the validity and enforceability of the remaining provisions, which shall remain in full force and effect. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms.

B Waiver

The failure of Primitive to assert any right under these Terms will not be considered to be a waiver of Primitive’s right, and the said right will remain in full force and effect. No waiver of any part of these Terms shall be deemed a further or continuing waiver of such terms and condition or any other term or condition. Neither the course of conduct between the parties nor trade practice shall act to modify these Terms.

C Assignment

We may assign, transfer, or otherwise dispose of our rights and obligations under these Terms, in whole or in part, at any time without notice. You may not assign or transfer any rights granted under these Terms to any other person without our prior written consent. A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

D Entire Agreement

Except as provided in these Terms or other terms incorporated by reference into these Terms, these Terms supersede all prior and contemporaneous proposals, statements, sales materials, presentations, or agreements, oral and written between you and Primitive regarding the subject matter of these Terms. No oral or written information or advice given by us, our agents, or our employees will create a warranty or in any way increase the scope of the warranties or obligations under these Terms.

If you have any questions about these Terms, you may reach out to us directly at:

Primitive
c/o CiDR Technologies, Inc.
5460 E 2200 N
Suite 2 #115
Eden, UT 84310

Legal Inquiry: legal@primitive.com

General Inquiry: support@primitive.com