Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Bryson Gibbons, the individual who operates the Primalyst mobile app and related services (together, “Primalyst”, “the App”, “we”, “us”, or “our”). By creating an account or using the App, you agree to these Terms and to the Privacy Policy below. If you do not agree, do not use the App.

ELIGIBILITY

You must be at least 18 years old and able to form a binding contract to use the App. By using it, you represent that you meet these requirements and that the information you give us is accurate.

THE SERVICE

The App provides wellness tracking and education, including habit and nutrition tracking, circadian and movement guidance, a community, and an AI guide (“Primalyst AI”). We may add, change, suspend, or remove features at any time. Some features require an internet connection and third-party platforms (for example, your device’s app store).

YOUR ACCOUNT

You are responsible for your login credentials and for all activity under your account. Keep your password secure and notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that create risk or legal exposure for us or others.

HEALTH DISCLAIMER INCORPORATED

The App is not medical advice and does not create a professional relationship. The separate Health & Safety Acknowledgment (which you also accept) is incorporated into these Terms by reference, including its warnings about raw and undercooked animal products, its assumption-of-risk and release provisions, and its statement that Primalyst AI may be inaccurate.

SUBSCRIPTIONS, BILLING, AND REFUNDS

Some features require a paid subscription (“Primalyst Pro”). Subscriptions are sold and billed through your device’s app store under the price and terms shown at purchase, and they renew automatically until canceled. You manage, cancel, and request refunds through your app store account, subject to that store’s policies — we do not separately process card payments and generally cannot issue refunds the store controls. Prices and offerings may change on a going-forward basis.

ACCEPTABLE USE

You agree not to: break the law or infringe others’ rights; harass, threaten, or harm other users; post content that is unlawful, hateful, harassing, sexually explicit, or dangerous; give medical advice while impersonating a licensed professional; spam, advertise, or solicit; upload malware; scrape, reverse engineer, or overload the App; or attempt to access accounts or data that are not yours.

USER CONTENT AND COMMUNITY

You retain ownership of the content you post (messages, posts, photos, profile details — “User Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display your User Content solely to operate and improve the App and its community features. You are responsible for your User Content and confirm you have the rights to post it. We are not obligated to monitor User Content, but we may remove or restrict content or accounts that we believe violate these Terms, and we may cooperate with law-enforcement requests. Community content is not medical advice and reflects the views of the users who post it, not us. We have ZERO TOLERANCE for objectionable content — including content that is unlawful, hateful, harassing, threatening, sexually explicit, or that promotes violence or self-harm — and for abusive users. You can report objectionable content or block another user at any time directly in the App. We review reports and will remove violating content and may suspend or remove the user responsible, in most cases within 24 hours. By posting, you agree to these standards, and violating them may result in immediate removal of your content and termination of your account.

PRIMALYST AI

Primalyst AI generates automated responses using third-party AI providers. Its outputs may be inaccurate, biased, or unsuitable for your situation, are not professional advice, and should not be relied on for medical, safety, legal, or financial decisions. You are responsible for how you use its outputs. Do not submit others’ personal or confidential information to it. To keep the service reliable and sustainable for everyone, Primalyst AI is subject to fair-use limits — including a maximum number of messages per day and short-term rate limits — that we may set, change, or remove at any time. These limits do not guarantee any specific amount of usage, and reaching a limit is a normal part of the service, not a defect, and does not entitle you to a refund or credit. A subscription gives you access to Primalyst AI subject to these fair-use limits, not an unlimited or guaranteed number of messages.

INTELLECTUAL PROPERTY

The App, its design, brand, logos, text, and software are owned by us or our licensors and are protected by law. We grant you a limited, personal, non-transferable, revocable license to use the App for your own non-commercial use under these Terms. You may not copy, modify, distribute, sell, or create derivative works from the App except as allowed by law.

THIRD-PARTY SERVICES

The App relies on and links to third-party services (for example, your app store, our infrastructure and AI providers, and mapping/location services). We are not responsible for third-party services or content, and your use of them may be governed by their own terms and privacy policies.

DISCLAIMER OF WARRANTIES

The App is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or that any content or result is accurate or reliable. Some jurisdictions do not allow certain warranty exclusions, so some of this may not apply to you.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, we and anyone involved in operating Primalyst will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, health outcomes, or other intangible losses, arising from or related to your use of (or inability to use) the App or its content, even if advised of the possibility. To the fullest extent permitted by law, our total liability for all claims relating to the App will not exceed the greater of the amount you paid us for the App in the 12 months before the claim, or USD $50. Some jurisdictions do not allow certain limitations, so some of this may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us and anyone involved in operating Primalyst from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the App, your User Content, or your violation of these Terms or any law or third-party right.

TERMINATION

You may stop using the App and delete your account at any time. We may suspend or terminate your access at any time if you violate these Terms or create legal or safety risk. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

DISPUTE RESOLUTION; ARBITRATION; CLASS-ACTION WAIVER

Please read this section carefully — it affects how disputes are resolved. Except where prohibited by law, you and we agree that any dispute relating to the App or these Terms will be resolved by binding individual arbitration, and NOT in court, except that either party may bring an individual claim in small-claims court. You and we waive any right to a jury trial and to participate in a class, collective, or representative action. You may opt out of this arbitration agreement by emailing support@primalyst.app within 30 days of first accepting these Terms. If any part of this section is unenforceable, the rest remains in effect. (If you are outside the United States, mandatory local law may give you different rights, which this section does not remove.)

GOVERNING LAW

These Terms are governed by the laws of the State of North Carolina, United States, without regard to conflict-of-laws rules, except where mandatory local consumer-protection law applies to you.

CHANGES TO THESE TERMS

We may update these Terms or the Health & Safety Acknowledgment. When we make a material change, we will update the version and ask you to review and accept the updated document before you continue using the App. Your continued use after an update means you accept it.

GENERAL

If any provision is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to a successor. These Terms, with the Health & Safety Acknowledgment and Privacy Policy, are the entire agreement between you and us about the App.

CONTACT

Questions about these Terms: Bryson Gibbons, support@primalyst.app.