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TERMS OF SERVICE

Effective Date: June 15, 2026

Last Updated: June 15, 2026

These Terms of Service (the "Terms") form a binding agreement between you and Primitive Labs AI Inc, a corporation organized under the laws of the State of Delaware ("Primitive Labs," the "company," "we," "our," or "us"). The Terms govern your access to and use of the website, software, application programming interfaces, and related services that Primitive Labs makes available (collectively, the "Service").

READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE, BY CLICKING A BUTTON OR CHECKBOX INDICATING ACCEPTANCE, OR BY OTHERWISE MANIFESTING ASSENT, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE. THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER IN THE DISPUTE RESOLUTION SECTION BELOW, WHICH AFFECT HOW DISPUTES ARE RESOLVED.

You may use the Service only if you are at least 18 years old and can form a binding contract with Primitive Labs, and only in compliance with these Terms and all applicable laws. If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization to these Terms, in which case "you" refers to that organization.

The Service is not intended for, and may not be used by, anyone under 18. If you are under 18, do not use the Service or provide any personal information to us. If we learn that we have collected personal information from a person under 18, we will delete it.

a. Beta Features. From time to time, we may make beta, preview, or experimental features available (each, a "Beta Feature"). Beta Features are provided "AS IS," may be modified or discontinued at any time, and may be subject to additional terms presented at the time of access. Beta Features are not covered by any service level commitment and may contain bugs or errors.

b. Publicly Displayed Outputs. Certain outputs, listings, or content created through the Service may be displayed publicly to other users or to third parties. You are responsible for the content you publish through the Service and should not publish content that you do not wish to be publicly visible.

c. Service Levels. Service availability and performance commitments, if any, are set forth in a separate Service Level Agreement between you and Primitive Labs. In the event of a conflict between the Service Level Agreement and these Terms, the Service Level Agreement governs with respect to service availability and performance matters.

a. violate any applicable law, regulation, or third-party right, including intellectual property and privacy rights;

b. transmit, upload, or distribute any content that is unlawful, harmful, threatening, defamatory, harassing, or otherwise objectionable;

c. impersonate any person or entity or misrepresent your affiliation with any person or entity;

d. interfere with, disrupt, or probe the Service or any systems, servers, or networks connected to the Service;

e. attempt to gain unauthorized access to any portion of the Service or any other accounts, systems, or networks;

f. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of the Service, except to the extent expressly permitted by applicable law;

g. use any automated means to access or collect data from the Service, including scraping or crawling, except as expressly permitted;

h. send spam, unsolicited communications, or any other communication that violates applicable anti-spam laws;

i. use the Service to develop a competing product or service; or

j. submit to or store in the Service any payment card data subject to the Payment Card Industry Data Security Standard, any collection of Social Security numbers or other government-issued identification numbers, or any other data subject to heightened legal protection or specific security standards that Primitive Labs has not expressly agreed in writing to meet, in each case except as expressly permitted by Primitive Labs in writing or under a separate agreement between you and Primitive Labs.

The restriction above on specially protected data does not prohibit safety, incident, inspection, or personnel records submitted in the ordinary course of using the Service for its intended purpose; our handling of personal information contained in those records is described in our Privacy Policy. Additional acceptable-use rules are set forth in our Acceptable Use Policy, available at primitivelabs.ai/aup, which is incorporated into these Terms by reference. We may investigate and respond to suspected violations, including by suspending or terminating access, removing content, and cooperating with law enforcement.

a. Subscriptions. If you purchase a subscription, you authorize Primitive Labs (and our payment processor) to charge the payment method you provide on a recurring basis for the subscription term. Subscriptions automatically renew for successive terms of the same length unless cancelled before the end of the then-current term. We will use commercially reasonable efforts to notify you by email before each renewal. You may cancel at any time through the Service or by contacting us at billing@primitivelabs.ai. Cancellation will take effect at the end of the current billing period; no pro-rated refund will be provided for partial periods except as required by applicable law. We will provide at least thirty (30) days' advance notice before any material change to subscription fees. Changes will take effect at the next renewal unless you cancel before then.

b. One-Time Purchases. One-time purchases are charged at the time of order. Delivery and access terms will be described at the time of purchase.

c. Usage-Based Fees. Certain portions of the Service are billed based on usage. Usage is measured as described at the time of purchase or in the applicable order documentation. Usage fees are billed in arrears on the schedule stated at the point of purchase.

d. Taxes. Fees do not include taxes, levies, or duties imposed by any taxing authority. You are responsible for all such taxes other than taxes based on Primitive Labs's net income.

e. Late Payments and Suspension. If a payment is past due, we may suspend access to paid portions of the Service upon reasonable notice. Past-due amounts bear interest at the lesser of 1.0% per month or the maximum rate permitted by applicable law. You will reimburse Primitive Labs for all reasonable costs and expenses (including reasonable attorneys' fees) incurred in collecting any past-due amounts.

f. Disputed Charges. You must notify us of any disputed charges within sixty (60) days of the date of the charge. Charges not disputed within that window are deemed accepted.

6. Your Content. The Service allows you to submit, upload, post, or otherwise make available text, images, audio, video, software, data, or other materials (your "User Content"). You retain all ownership rights you have in your User Content. By making User Content available through the Service, you grant Primitive Labs a worldwide, non-exclusive, royalty-free, sublicensable (solely to service providers and subprocessors acting on Primitive Labs's behalf) license to host, store, reproduce, modify (for formatting purposes), display, transmit, and process your User Content, solely to the extent necessary to operate, provide, maintain, and improve the Service. Separately, and subject to your right to opt out described in Section 8, Primitive Labs may use your User Content and inputs to develop, train, and improve our AI models.

You represent and warrant that you own or have all rights necessary to grant the above license, and that your User Content does not infringe any third-party right or violate any law.

We do not claim ownership of your User Content. We may remove User Content that we reasonably believe violates these Terms or applicable law, and we may preserve or disclose User Content when we believe disclosure is necessary to comply with law, enforce these Terms, or protect the rights, property, or safety of Primitive Labs, our users, or the public.

As between you and Primitive Labs, and to the extent permitted by applicable law, Primitive Labs assigns to you all of its right, title, and interest, if any, in and to the outputs generated for you by the AI Features described in the Artificial Intelligence Features section below. Your use of outputs remains subject to these Terms.

User Content that includes images, audio, video, or other media may be processed, transcoded, or analyzed for quality, safety, or indexing purposes. You are responsible for ensuring you have all rights necessary for such processing.

a. Primitive Labs's IP. As between you and Primitive Labs, Primitive Labs and its licensors own all right, title, and interest in and to the Service, including all software, technology, designs, trademarks, service marks, and other content made available through the Service, and all intellectual property rights in the foregoing. No right, title, or interest in the Service is transferred to you except the limited license expressly granted in these Terms.

b. License to Use the Service. Subject to your compliance with these Terms, Primitive Labs grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for its intended purpose.

c. Feedback. If you provide Primitive Labs with any suggestions, ideas, improvements, or other feedback about the Service ("Feedback"), you grant Primitive Labs a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable license to use and exploit the Feedback for any purpose without any obligation to you.

d. Usage Data. Primitive Labs collects and retains all right, title, and interest in aggregated, de-identified, or statistical data derived from the operation, use, and performance of the Service, such as telemetry, logs, and usage metrics ("Usage Data"). Primitive Labs may use Usage Data for any lawful business purpose, provided it does not identify you personally. The rights in this Section are in addition to, and do not limit, Primitive Labs's rights under Sections 6 and 8.

e. Copyright Complaints (DMCA). If you believe any material on the Service infringes your copyright, please send a written notice to our designated copyright agent at legal@primitivelabs.ai that includes: (1) your physical or electronic signature; (2) identification of the copyrighted work you claim has been infringed; (3) identification of the allegedly infringing material and information reasonably sufficient to allow us to locate it; (4) your name, address, telephone number, and email address; (5) a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf. We will respond to valid notices in accordance with the DMCA and may remove or disable access to allegedly infringing material. We will terminate the accounts of repeat infringers in appropriate circumstances. This process applies to all content made available through the Service, including content posted by other users. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and attorneys' fees.

a. Use of Your Content to Train and Improve AI Models. Primitive Labs may use User Content, the inputs you submit to the AI Features, the outputs generated for you, and related usage data to develop, train, evaluate, fine-tune, and improve the AI models that underlie the AI Features and the Service. You may opt out of the use of your User Content and inputs to train and fine-tune our AI models at any time through your account settings or by contacting us at privacy@primitivelabs.ai. Opting out applies on a going-forward basis only; it does not affect any training or model improvement that occurred before your opt-out, and we are not required to reverse, delete, or retrain any model as a result. Even if you opt out, we may continue to use your User Content and inputs as necessary to operate, secure, monitor, troubleshoot, and ensure the safety and quality of the Service, including to detect and prevent abuse. This Section does not apply to the extent a separate written agreement between you and Primitive Labs, including a Data Processing Addendum or order form, provides otherwise.

b. Third-Party Models. Certain AI Features are powered by third-party models. Your use of those features may be subject to the applicable third-party provider's acceptable use and other terms.

Each party agrees to: (i) use the other party's Confidential Information only as necessary to exercise its rights or perform its obligations under these Terms; and (ii) not disclose the other party's Confidential Information to any third party except to employees, contractors, and advisors who need to know it, are bound by confidentiality obligations at least as protective as this section, and who use it only for purposes permitted by these Terms. A party may disclose Confidential Information to the extent required by law or court order, provided it gives the other party reasonable advance notice (where legally permitted) so that the other party may seek a protective order.

Your User Content that you submit through the Service is your Confidential Information; however, Primitive Labs's use and processing of User Content as permitted by Sections 6 and 8, including to operate and improve the Service and to train and improve our AI models, is not restricted by or a breach of this Section. The terms of any order form or subscription agreement (including pricing) are Confidential Information of both parties. This confidentiality obligation survives for three (3) years after termination of these Terms with respect to any Confidential Information disclosed during the term.

a. Informal Resolution. Before initiating any formal dispute, you and Primitive Labs agree to attempt to resolve any dispute informally by contacting us at legal@primitivelabs.ai and providing a written description of the dispute, the relief sought, and your contact information. If the dispute is not resolved within sixty (60) days of notice, either party may proceed as provided below.

b. Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (or, for claims in excess of the threshold specified in those rules, the JAMS Comprehensive Arbitration Rules and Procedures). The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Delaware, and the arbitration may be conducted by videoconference. Judgment on the award may be entered in any court of competent jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and not by any state arbitration law.

c. Jury Trial Waiver. YOU AND THE COMPANY EACH WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO SUE IN COURT AND TO HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY FOR ANY DISPUTE SUBJECT TO ARBITRATION UNDER THIS SECTION. The arbitrator may award on an individual basis the same damages and relief as a court and must apply these Terms as a court would; however, there is no judge or jury in arbitration, and court review of an arbitration award is limited.

d. Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate or join more than one party's claims and may not preside over any form of a representative or class proceeding. If the class action waiver in this subsection is found to be unenforceable as to a particular claim, then that claim (and only that claim) shall be severed from arbitration and may proceed in court, while the remainder of the arbitration agreement continues to apply. Notwithstanding the foregoing, to the extent a waiver of the right to seek public injunctive relief would render this subsection unenforceable under applicable law, you may pursue a claim for, and the arbitrator may award, public injunctive relief.

e. Mass Arbitration. If one hundred (100) or more arbitration demands of a substantially similar nature are filed against Primitive Labs within a sixty (60) day period, by or with the assistance of the same law firm, group of coordinated law firms, or organization, then JAMS shall (a) administer the demands in batches of up to one hundred (100) demands per batch, with any remaining demands forming a final batch; (b) appoint one arbitrator for each batch; and (c) resolve each batch as a single consolidated arbitration with one set of filing and administrative fees per side per batch, one procedural calendar, one hearing (if any) in a place determined by the arbitrator, and one final award. Demands are of a "substantially similar nature" if they arise out of the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. If the parties disagree about the applicability of this batch process, the disagreement will be resolved by a single standing arbitrator appointed by JAMS, whose fees Primitive Labs will pay. This subsection does not authorize class, collective, or representative arbitration of any kind, and nothing in this subsection prevents any claimant from bringing an individual claim in small claims court.

f. Opt-Out. You may opt out of the arbitration and class action waiver provisions of this Dispute Resolution section by sending written notice of your decision to opt out to legal@primitivelabs.ai within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Primitive Labs will be required to arbitrate, and disputes will be resolved in the courts specified in the Exceptions subsection below.

g. Arbitration Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties, except as necessary to enforce or challenge the award or as otherwise required by law.

h. Changes to This Section. If Primitive Labs makes a material change to this Dispute Resolution section after the date you first accepted these Terms, you may reject the change by sending written notice to legal@primitivelabs.ai within thirty (30) days after the change takes effect. If you reject a change, the version of this section in effect when you first accepted these Terms (or the most recent version you accepted) will continue to apply.

i. Exceptions; Court Proceedings. Notwithstanding the foregoing, either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property rights, confidential information, or the integrity of the Service. Any such action shall be brought exclusively in the state or federal courts located in Delaware, and each party consents to personal jurisdiction and venue there.

j. Governing Law. These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of Delaware, without regard to its conflicts-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any uptime or availability statements made in our marketing materials are aspirational and do not constitute a binding service level commitment unless specifically incorporated into a separate written agreement with us.

THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

The limitations in this Limitation of Liability section are a fundamental part of the basis of the bargain between you and Primitive Labs and apply to all claims of liability, whether based in contract, tort, negligence, strict liability, or otherwise. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you; in those jurisdictions, our liability is limited to the maximum extent permitted by applicable law. The limitations and exclusions in this section do not apply to liability arising from a party's willful misconduct or fraud, or to your indemnification obligations under these Terms.

a. California Consumer Privacy Act. Residents of California have specific privacy rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). Those rights, including the right to know, the right to delete, the right to correct, the right to limit the use of sensitive personal information, and the right to opt out of the sale or sharing of personal information, are described in our Privacy Policy at primitivelabs.ai/privacy.

b. Do Not Sell or Share My Personal Information. Our Privacy Policy at primitivelabs.ai/privacy describes how California, Colorado, Connecticut, Virginia, and other state law residents may exercise their "do not sell or share" rights, including the mechanism for doing so through the Service or through a universal opt-out signal such as Global Privacy Control where supported.

c. New Jersey Truth-in-Consumer-Contract Notice. Under New Jersey law, consumers have the right to have these Terms reviewed for any provision that violates New Jersey law. Nothing in these Terms is intended to limit any right or remedy available to a New Jersey consumer under New Jersey law.

Email: legal@primitivelabs.ai

Address: 2261 Market Street, STE 67217, San Francisco, CA 94114

Notices to you may be given by email to the address associated with your account, by notice posted through the Service, or by any other method permitted by applicable law. Notices are deemed given on the date sent.

a. No Waiver. Failure by Primitive Labs to enforce any provision of these Terms is not a waiver of that provision or of any other provision.

b. Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

c. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Primitive Labs may assign these Terms without your consent, including in connection with a merger, acquisition, or sale of assets. Any assignment in violation of this paragraph is void.

d. No Third-Party Beneficiaries. Except as expressly stated in these Terms, there are no third-party beneficiaries to these Terms.

e. Relationship of the Parties. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Primitive Labs.

f. Support. Primitive Labs has no obligation to provide support for the Service except as described in an applicable paid plan or a separate written agreement between you and Primitive Labs. Any support Primitive Labs provides may be modified or discontinued at any time.

g. Equitable Relief. Subject to the Dispute Resolution section, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

h. Force Majeure. Neither party will be liable for any delay or failure to perform (other than payment obligations) caused by circumstances beyond its reasonable control, including natural disaster, pandemic, epidemic, war, labor disruption, cyberattack, internet or utility failure, or act of government.

i. Survival. The provisions of these Terms that by their nature should survive termination will survive, as specified in the Suspension and Termination section above.

j. Export Controls. You may not use or export the Service in violation of U.S. export laws or the export laws of any other applicable jurisdiction. You represent that you are not located in, and are not a resident or national of, any country subject to a U.S. government embargo, and that you are not on any U.S. government list of prohibited or restricted parties, including the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List.

k. Government End Users. The Service is a "commercial item" as defined in 48 C.F.R. § 2.101. If you are a U.S. federal government end user, your rights are limited to those set forth in these Terms.

Questions about these Terms or the Service should be directed to:

General support: support@primitivelabs.ai

Legal notices: legal@primitivelabs.ai

Security reports: security@primitivelabs.ai


These Terms were last updated on June 15, 2026.