Terms of service agreement

IMPORTANT NOTICE:

If YOU accept this Agreement without reading it in its entirety, YOU are still bound by this Agreement in its entirety.

This terms of service agreement ("Agreement") constitutes the entire agreement between Primcast LLC ("Primcast") and the personal or corporate account holder ("YOU" / "YOUR").

1. Service

Primcast will provide YOU with bandwidth, compute, and/or storage resources on a Primcast server for use on the World Wide Web in accordance with the service plan selected at www.primcast.com, in exchange for payment of the applicable fees.

Service is considered delivered once provisioned and made available, regardless of actual usage.

2. Privacy policy

Primcast will not sell YOUR personal or financial information to third parties. Primcast will not disclose such information to law enforcement or legal agents without a valid court order, subpoena, or warrant.

3. Limitations and acceptable use

YOU agree that:

• Any content stored on Primcast servers that is illegal, obscene, offensive, disruptive, or otherwise deemed inappropriate by Primcast (in its sole discretion) may be removed without compensation;
• YOU will not engage in activities that overwhelm or disproportionately consume server, CPU, memory, network, or storage resources;
• Exceeding bandwidth or usage limits requires an upgrade, additional purchase, or reduction of usage; failure to comply may result in termination without compensation;
• YOU may not use any Primcast partner intellectual property without explicit authorization.

4. User responsibility and liability

YOU are solely responsible for:

• All content stored on Primcast servers;
• Compliance with applicable laws;
• Maintaining backups of all data;
• Safeguarding account credentials.

Primcast is not responsible for data loss, corruption, or restoration.

5. No representations or warranties

All services are provided "AS IS" and "AS AVAILABLE."

Primcast makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, uninterrupted service, or error-free operation.

6. Limitation of liability

Primcast is not liable for:

• Service interruptions, delays, packet loss, routing issues, or third-party network behavior;
• Application-level failures, software misconfiguration, or protocol-level behavior (including blockchain networks);
• Any indirect, incidental, consequential, or financial damages.

Total liability, if any, shall not exceed the fees paid for the affected service period.

7. Billing and payment

• All fees are prepaid and non-refundable except as expressly permitted by the Refund Policy;
• Billing cycles may be monthly, quarterly, annual, or otherwise specified;
• Failure to cancel before the end of a billing cycle results in charges through the end of that cycle, regardless of usage.

8. Chargebacks and payment disputes

8.1 Dispute procedure

YOU agree to contact Primcast support and allow a reasonable opportunity to resolve any billing or service issue before initiating a chargeback or payment dispute.

8.2 Material breach

Initiating a chargeback or dispute without following Primcast's refund procedure constitutes a material breach of this Agreement.

8.3 Consequences

Upon chargeback or dispute initiation, Primcast may:

• Immediately suspend or terminate all services without notice;
• Forfeit any pending credits or refunds;
• Recover chargeback fees, administrative costs, and associated expenses;
• Submit documentation to processors to contest invalid disputes.

Invalid disputes include dissatisfaction after the refund window, third-party failures, refusal to troubleshoot, or agreed delivery delays.

9. Termination

9.1 Termination rights

Either party may terminate this Agreement with five (5) business days' written notice.

Primcast may terminate immediately and without notice or compensation if YOU:

• Breach this Agreement or related policies;
• Initiate an improper chargeback or dispute;
• Engage in illegal, abusive, or disruptive conduct;
• Refuse reasonable troubleshooting;
• Overwhelm infrastructure or misuse resources.

9.2 Effect of termination

Upon termination:

• All outstanding charges become immediately due;
• Prepaid fees are non-refundable except as permitted by the Refund Policy;
• Termination does not negate earned charges;
• All limitation of liability, indemnity, billing, and dispute provisions survive termination.

10. Indemnification

YOU agree to indemnify and hold Primcast harmless from any claims, damages, losses, or expenses arising from YOUR use of the services or breach of this Agreement.

11. Amendments

Primcast may amend this Agreement at any time by posting updates at www.primcast.com. Continued use constitutes acceptance.

12. Governing law, exclusive forum selection, waiver of jury trial, attorneys’ fees, and severability

This Agreement, and all claims, disputes, or controversies arising out of or relating to this Agreement, the Services, the relationship between the parties, or any breach, termination, or validity thereof (whether sounding in contract, tort, statute, equity, or otherwise), shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to its conflict-of-laws principles or any principle that would require the application of the laws of any other jurisdiction.

Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the state and federal courts located in Queens County, New York (including, without limitation, the Supreme Court of the State of New York, Queens County, and, to the extent federal subject-matter jurisdiction exists, the United States District Court for the Eastern District of New York), and agrees that any legal action, suit, or proceeding arising out of or relating to this Agreement or the Services shall be brought and determined solely and exclusively in such courts, to the exclusion of all other courts and fora.

Each party hereby irrevocably waives, to the fullest extent permitted by applicable law, any objection that it may now or hereafter have to the laying of venue of any such action, suit, or proceeding in any such court, including but not limited to any claim that such action, suit, or proceeding has been brought in an inconvenient forum. Each party further agrees not to commence any such action, suit, or proceeding except in the courts specified above.

Each party consents to service of process in any manner permitted by law and agrees that service by certified mail (return receipt requested) to the address provided during account registration (or as updated) shall be effective service.

Each party hereby knowingly, voluntarily, and irrevocably waives any and all rights to trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement or the Services.

In any action, suit, or proceeding to enforce, interpret, or defend against any claim arising out of or relating to this Agreement or the Services, the prevailing party shall be entitled to recover from the non-prevailing party its reasonable attorneys’ fees, costs, and expenses (including expert witness fees) incurred in connection with such action, suit, or proceeding, including any appeals therefrom. If neither party is deemed to have substantially prevailed, each party shall bear its own attorneys’ fees, costs, and expenses.

If any provision of this Section 12 is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be reformed to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties’ original intent to the greatest extent possible.

The parties agree that this Section constitutes a mandatory and exclusive forum selection clause, waiver of jury trial, and fee-shifting provision, and enforcement hereof shall not be deemed unreasonable, unjust, or contrary to public policy.

13. Entire agreement

This Agreement, together with the Refund Policy and other posted policies, constitutes the entire agreement between YOU and Primcast.