Terms & Conditions

PRIMUSGEN.COM USER AGREEMENT

Terms & Conditions
Last Updated: September 10, 2025

Welcome to primusgen.com (“PrimusGen,” “we,” “us,” or “our”). These Terms & Conditions (the “Terms”) govern your access to and use of our websites, applications, platforms, and related products and services (collectively, the “Services”), including CRM features designed for website‑builder operations and IT / computer‑electronics service workflows (e.g., tickets, assets, work orders, repairs, inventory, device intake/RMA). By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1) Eligibility & Acceptance

1.1 Eligibility. You must be at least 18 years old (or the age of majority in your jurisdiction). If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes that organization.

1.2 Acceptance. By using the Services, you agree to these Terms and to any policies referenced here (e.g., Privacy Policy, Acceptable Use Policy, Refund Policy, Data Processing Addendum if applicable). Additional terms may apply to certain features or professional services; if there is a conflict, those additional terms control.

2) Account Registration & Security

2.1 Accurate Information. You must provide accurate, current, and complete information and keep it updated.

2.2 Credentials & Access. You are responsible for the confidentiality of your credentials and for all activity under your account. Use strong passwords and (where offered) multi‑factor authentication. Notify us immediately of unauthorized use or a suspected breach.

2.3 Roles & Permissions. You are responsible for configuring user roles and permissions in your organization’s account and for your users’ compliance with these Terms.

3) Description of the Services

PrimusGen provides a CRM platform tailored for website‑builder businesses and IT/computer‑electronics service providers, including: lead and customer management; quoting and invoicing; job, ticket, and asset tracking; inventory and RMA workflows; website project pipelines; integrations with third‑party tools (e.g., email/SMS providers, payment processors, domain/hosting registrars); and analytics. Features vary by plan, region, and configuration.

4) Service‑Specific Terms

4.1 Website Builder & Hosting Workflows

  • Content & Rights. You are responsible for all website content you upload, generate, or publish (text, images, code, logos, video, etc.), and you represent you have all rights and permissions to use and publish it.

  • Compliance. You are solely responsible for website legal compliance (e.g., privacy notices, cookie consent, ADA/wcag accessibility, consumer protection, tax disclosures, e‑commerce policies, age‑restricted content, and applicable industry regulations).

  • Domains & DNS. Domain registration/renewal/transfer and DNS changes may be facilitated through third parties. You are responsible for domain ownership details (WHOIS/ICANN requirements), renewals, nameservers, and DNS accuracy. We are not liable for domain loss, expiration, misconfiguration, or downtime.

4.2 IT Services & Support Workflows

  • Authorization. You authorize us and/or your designated technicians to access relevant systems, networks, and devices to deliver IT workflows you initiate in the platform.

  • Backups & Data. Unless your plan or a written SOW specifically includes managed backups, you are responsible for implementing and verifying backups and disaster recovery.

  • Third‑Party Licenses. You are responsible for ensuring you hold valid licenses for any third‑party software installed or managed via the Services.

4.3 Computer & Electronics Service (Repair/Intake/RMA) Workflows

  • Device Intake & Data Risk. You acknowledge that service actions (diagnostics, repair, re‑imaging, firmware updates) can result in data loss. You are responsible for backing up device data before initiating service workflows.

  • Parts & Warranties. Parts may be new or refurbished (as allowed by law). Third‑party or manufacturer warranties, if any, are passed through to you. We disclaim device performance or longevity after repair beyond what is required by law or expressly warranted in writing.

  • Uncollected Devices. Where permitted by law and any posted policy, devices not retrieved or paid for within the stated timeframe may incur storage fees or be deemed abandoned.

5) Acceptable Use

5.1 Lawful Use. You will use the Services in compliance with all laws and regulations. You will not:

  • Infringe intellectual property, privacy, or other rights;

  • Upload or transmit malware, harmful code, or illegal, abusive, or defamatory content;

  • Attempt to gain unauthorized access to the Services or related systems;

  • Interfere with network stability or security;

  • Circumvent security or usage limits;

  • Use the Services for high‑risk activities where failure could lead to death, personal injury, or severe environmental damage.

5.2 Email/SMS/Calling & Anti‑Spam. If you send emails, SMS/MMS, or make calls through the Services or an integration:

  • You must obtain all legally required consents (e.g., CAN‑SPAM, TCPA, CASL, GDPR ePrivacy) and honor opt‑outs promptly;

  • You must maintain accurate sender identification and suppression lists;

  • You must not send unsolicited or deceptive messages or harvest contacts.
    You are solely responsible for your communications and compliance with carrier and aggregator rules.

5.3 Sensitive & Regulated Data. Unless your plan or a signed DPA expressly allows it, you must not store, process, or transmit Sensitive Data such as: payment card data (beyond tokens), government‑issued IDs, health information (PHI), biometric data, or data subject to export controls. If you choose to process such data against this restriction, you do so at your own risk and responsibility.

6) User Data; Privacy; Security

6.1 Ownership. You retain all rights to data you upload to or collect through the Services (“User Data”).

6.2 License to Operate the Services. You grant us a worldwide, non‑exclusive license to host, process, transmit, display, and back up User Data as needed to provide, maintain, and improve the Services; to prevent fraud/abuse; and to comply with law.

6.3 Privacy. Our handling of personal data is described in our Privacy Policy. Where required, a Data Processing Addendum (DPA) is available upon request for customers acting as “controllers” who need us to act as a “processor.”

6.4 Security. We implement commercially reasonable technical and organizational measures designed to protect User Data. No method of transmission or storage is 100% secure; you are responsible for your internal security controls, account configurations, and user access management.

6.5 Data Retention & Deletion. We may retain certain Service Data and logs for security, fraud prevention, and legal compliance. Upon account closure or your request (where applicable), we will delete or return User Data within a reasonable period, subject to legal holds and backup retention cycles.

7) Third‑Party Services & Integrations

The Services may interoperate with, link to, or rely on third‑party services (e.g., email/SMS providers, payment processors, domain registrars, hosting/CDN, ticketing tools). Your use of third‑party services is subject to their terms and fees; we do not control and are not responsible for their actions, downtime, security, or changes. If a third‑party provider ceases to provide functionality or changes terms, we may modify or discontinue related features without liability.

8) Plans, Billing, Taxes & Refunds

8.1 Fees. Paid plans, add‑ons, usage‑based charges, and taxes are shown at checkout or in your order. Prices may change on renewal with notice.

8.2 Billing & Auto‑Renewal. Subscriptions auto‑renew for the same term unless canceled per Section 15. You authorize us to charge your payment method for recurring fees, taxes, and any usage charges.

8.3 Late/Failed Payments. If payment fails or is late, we may suspend or limit the Services. We may charge late fees where lawful and reasonable collection costs.

8.4 Refunds. Except as required by law or expressly stated in a written policy, fees are non‑refundable once charged. Chargebacks are treated as material breach; we may suspend the account while investigating.

8.5 Professional Services. Any implementation, migration, custom development, or on‑site work is billed as quoted or per a Statement of Work (SOW). Travel and out‑of‑pocket expenses may apply.

9) Intellectual Property; Feedback

9.1 Our IP. The Services, site, software, designs, and all related intellectual property are owned by or licensed to PrimusGen and are protected by law. No rights are granted except as expressly stated in these Terms.

9.2 Limited License. Subject to these Terms, we grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Services for your internal business purposes.

9.3 Feedback. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty‑free license to use it without restriction.

10) Confidentiality

“Confidential Information” means non‑public information disclosed by either party that is marked confidential or reasonably should be understood as confidential. The receiving party will use Confidential Information only to perform under these Terms and protect it with at least the care it uses for its own confidential information. Exclusions apply for information that is public, independently developed, or rightfully obtained without confidentiality obligations.

11) Service Levels, Maintenance & Beta Features

11.1 Availability. We aim for high availability but do not guarantee uninterrupted service. Planned maintenance, urgent security updates, or outages may occur.

11.2 Support. Support offerings vary by plan and region. Response and resolution times are targets, not guarantees, unless expressly stated in a Service Level Agreement (SLA). Any service credits are your sole remedy for SLA shortfalls.

11.3 Beta/Preview. Beta or pre‑release features are provided “as is,” may be changed or discontinued at any time, and are excluded from SLAs and warranties.

12) Warranties & Disclaimers

12.1 Mutual Warranties. Each party represents it has the authority to enter these Terms.

12.2 Disclaimers. Except as expressly stated, the Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non‑infringement, accuracy, and quiet enjoyment. We do not warrant that the Services will be error‑free, secure, or uninterrupted, or that results will meet your requirements.

13) Limitation of Liability

To the maximum extent permitted by law:

  • No Indirect Damages. Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data.

  • Cap. Each party’s aggregate liability for all claims arising out of or related to the Services is limited to the amounts paid by you to PrimusGen for the Services giving rise to the claim in the twelve (12) months before the event first giving rise to liability.

  • Exclusions. The above limitations do not apply to your payment obligations, your breach of Section 5 (Acceptable Use), Section 9 (IP), Section 10 (Confidentiality), or your indemnification obligations.

Some jurisdictions do not allow certain limitations; in that case, the limitations apply to the fullest extent permitted by law.

14) Indemnification

You will defend, indemnify, and hold harmless PrimusGen and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your content or User Data; (c) your violation of these Terms or law; (d) your communications (email/SMS/calls) or marketing practices; or (e) device repairs or service workflows initiated by you.

15) Term, Suspension & Termination

15.1 Term. These Terms begin when you first use the Services and continue until terminated.

15.2 Your Cancellation. You may cancel renewal at any time through your account settings; the subscription remains active until the end of the then‑current term.

15.3 Suspension/Termination by Us. We may suspend or terminate access immediately if you breach these Terms, fail to pay, create security or legal risk, or if required by law or a third‑party provider. We may terminate for convenience on reasonable notice (with a pro‑rata refund of prepaid unused fees if we terminate for convenience).

15.4 Effect of Termination. Upon termination, your license ends and access ceases. We will make commercially reasonable efforts to allow export of User Data for a limited period, subject to outstanding amounts due and legal obligations.

15.5 Survival. Sections that by their nature should survive (including fees due, IP, confidentiality, disclaimers, limitations, indemnities, and governing law) will survive termination.

16) Compliance; Export; Sanctions; DMCA

16.1 Compliance. You will comply with all applicable laws and regulations, including privacy/marketing, consumer protection, labor, tax, accessibility, and data‑transfer rules.

16.2 Export & Sanctions. You represent that you are not located in, under control of, or a national/resident of any country or party subject to comprehensive embargoes or sanctions, and you will not use the Services for prohibited end uses.

16.3 DMCA. If you believe content hosted via the Services infringes your copyright, send a detailed notice to support@primusgen.com including the required elements under the DMCA (or applicable law). We may remove content and/or suspend accounts in response to valid notices.

17) Changes to the Services or Terms

We may modify the Services and these Terms from time to time. For material changes to Terms, we will provide reasonable notice (e.g., in‑app or email). Changes become effective on the stated date. Your continued use after the effective date constitutes acceptance.

18) Governing Law; Dispute Resolution

These Terms are governed by the laws of the jurisdiction where PrimusGen is organized or primarily does business, without regard to conflict‑of‑law rules. Disputes will be resolved through good‑faith negotiations; if unresolved, they will be brought in the courts (or, if agreed in writing, binding arbitration) located in that governing jurisdiction, unless a different forum is required by mandatory law.

19) Notices; Electronic Communications

We may send notices to the email associated with your account or via the Services. You consent to receive communications electronically. You are responsible for keeping your contact information current.

20) Miscellaneous

20.1 Entire Agreement. These Terms, together with any referenced policies and any applicable order forms/SOWs, constitute the entire agreement.
20.2 Severability. If any provision is invalid, the rest remains in effect.
20.3 No Waiver. Failure to enforce a provision is not a waiver.
20.4 Assignment. You may not assign these Terms without our written consent. We may assign them (including in connection with a merger, acquisition, or sale of assets).
20.5 Force Majeure. Neither party is liable for delays or failures due to causes beyond reasonable control (e.g., natural disasters, labor disputes, internet or utility failures, acts of government, war, terrorism).
20.6 Publicity. We may use your name and logo in customer lists and marketing unless you opt out by notifying us.

21) Contact

Questions or concerns about these Terms?
Email: support@primusgen.com

BY USING PRIMUSGEN, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.