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").
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 primcast.com, in exchange for payment of the applicable fees.
Service is considered delivered once provisioned and made available, regardless of actual usage.
Listing a machine on the GPU marketplace, or renting one from it, is also governed by the Marketplace terms.
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.
YOU agree that:
YOU are solely responsible for:
Primcast is not responsible for data loss, corruption, or restoration.
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.
Primcast is not liable for:
Total liability, if any, shall not exceed the fees paid for the affected service period.
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.
Initiating a chargeback or dispute without following Primcast's refund procedure constitutes a material breach of this Agreement.
Upon chargeback or dispute initiation, Primcast may:
Invalid disputes include dissatisfaction after the refund window, third-party failures, refusal to troubleshoot, or agreed delivery delays.
Either party may terminate this Agreement with five (5) business days' written notice.
Primcast may terminate immediately and without notice or compensation if YOU:
Upon termination:
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.
Primcast may update this Agreement. It emails you, and shows a notice in your dashboard, at least 30 days before an update that reduces your rights or adds to your obligations takes effect, or earlier where the law requires a longer notice, and asks you to accept it when you next sign in or order. The email names the day the update takes effect. Such an update applies to you only from the later of that day and the day you accept it. Signing in, ordering, listing a Machine, paying, or going on using a service that is already running does not by itself accept it. Until it applies to you, the version you last accepted continues to apply to what is already running: a period you have paid for, earnings already accrued, refunds, and Disputes about earlier events. After the 30 days Primcast may decline a new order, or a new listing on the GPU marketplace, until you accept the update. Declining a new order does not by itself end a service that is running: a service is ended or not renewed only as the provisions on termination that apply to it, and the law, allow. Your account stays open for your claims, your tax records, money owed to you and the refund of a Balance. Other updates take effect when posted. This section also governs changes to section 12 (section 12.14) and to the Marketplace terms (their section 14).
This section applies to every dispute, claim or controversy between you and Primcast arising out of or relating to this Agreement, the Services, the GPU marketplace, your account, an order, an invoice or a payment ("Dispute"). In this section, "Primcast" means Primcast LLC and its officers, employees and agents, and a "consumer" is an individual who uses the Services mainly for personal, family or household purposes. This section does not apply to an order invoiced by Primcast Europe SRL: that order is governed by the Romanian terms of service, including their governing law and the courts they name.
Before starting an arbitration or a court case (other than in small claims court), the party with a Dispute sends the other a written notice: to Primcast by email at complaints@primcast.com or by post at Primcast LLC, 34-18 Northern Blvd #408, Long Island City, NY 11101; to you at the email address on your account. The notice gives the name and account email of the person making the claim and describes the Dispute and the relief sought. It is signed by that person or by a lawyer or other representative they have authorized; an electronic signature is enough. A notice that lets the other party identify the person and the Dispute is valid; if something is missing, the party that receives it says what within 10 days, and the sender may add it. A gap not raised within those 10 days is waived, and adding to a notice does not start the 60 days again. For 60 days after the notice is received, the parties try to resolve the Dispute individually; either may ask for a call by telephone or video, which the person making the claim or their representative may attend. Neither party starts an arbitration or a court case before the 60 days end, except to ask a court for urgent relief or where a time limit would otherwise run out; a filing made for either reason does not breach this section. Every time limit that applies to the Dispute, including the one in section 12.10, is paused from the day the notice is sent until the 60 days end. A notice sent in time counts from the day it was first sent, even if something is added to it later, and the 60 days are counted in full for the time limit of section 12.10 even where the parties end them early or a gap in the notice was waived. Asking a court for urgent relief, or filing to keep a claim alive, does not end a pause that a notice has started. A pause cannot lengthen a time limit that the law does not let the parties lengthen, which is why a filing needed to keep a claim alive is always allowed. Where this section requires no notice and none is sent, section 12.10 says by when the case must be started. A court decides whether this section 12.2 was followed. Not following it can delay a case; it does not take away a claim. The time limits of section 12.10 still apply, with the pause this section gives.
Sections 12.4 to 12.9 apply if you accepted this Agreement as an individual, not for a company or other organization, and you live in the United States. Whether you accepted as an individual or for a company is what you confirmed when you accepted it. If you were not asked, your Disputes are decided in court under section 12.12. Sections 12.4 to 12.9 do not apply to a company or other organization, to a Host on the GPU marketplace acting as a Host, or to a consumer who lives outside the United States; for them, sections 12.11 and 12.12 apply instead. A company or other organization, and a Host acting as a Host, are bound by section 12.7 in court. A Host who contracts as an individual and lives in the United States may opt out of section 12.7 as section 12.9 says; for that Host, section 12.9 concerns only the class action waiver in court and creates no agreement to arbitrate. Section 12.7 does not apply to a consumer who lives outside the United States, or to a Host whom section 12.11 treats as one.
A Dispute that is not resolved under section 12.2 is decided by binding arbitration, not in court, except as section 12.5 allows. The Federal Arbitration Act governs sections 12.3 to 12.9. In arbitration there is no judge or jury, the exchange of information is more limited than in court, and a court can review an award only on narrow grounds. The arbitrator decides whether a Dispute falls within these sections and whether they can be enforced, with these exceptions. A court decides whether you and Primcast made this Agreement, whether the person who accepted it could bind a company, who the parties to it are, and which agreement applies where more than one could. A court also decides any challenge specifically directed to the formation or enforceability of the delegation to the arbitrator in this section 12.4; whether you opted out in time under section 12.9; any question the law does not allow to be given to an arbitrator; and the questions that sections 12.2 and 12.7 give to a court. The AAA, under its rules, decides whether section 12.8 applies to a demand and whether a demand meets the AAA's filing requirements.
(a) Either party may bring an individual claim in a small claims court that has jurisdiction over it, and either may ask, before an arbitrator is appointed, to move an arbitration there. (b) Either party may ask a court for an order to stop the infringement or misuse of its intellectual property, or unauthorized access to or abuse of the Services, while the Dispute is arbitrated.
The American Arbitration Association ("AAA") administers the arbitration under its Consumer Arbitration Rules and, where section 12.8 applies, its Mass Arbitration Supplementary Rules, in the version in effect when the arbitration is filed; they are at adr.org. Nothing in this section takes away a protection that the law, the AAA's Consumer Due Process Protocol or the AAA's rules give you, including on fees, access to small claims court, a hearing and sanctions; where this section and such a protection differ, the protection applies. The arbitration is held by video, or on documents where those rules provide, unless you choose a hearing in person where the rules give you that choice or the arbitrator decides that one is needed; a hearing in person takes place in the county where you live. The arbitrator applies New York law and may award you any individual relief a court could award you, including attorneys' fees where the law allows them. For every individual these sections cover, whichever of its rules the AAA applies, the AAA filing fees you have to pay are never more than the AAA's consumer fee schedule would ask of an individual for that proceeding, with any waiver it allows. Primcast pays the difference, and every other AAA administrative fee and the arbitrator's compensation for the proceeding, except what the law and the AAA's consumer protections allow to be put on you, and pays each amount the AAA bills it by the date the AAA sets. If the AAA declines to administer an arbitration because Primcast has not met the AAA's requirements, or cannot administer it for any other reason, you may bring the Dispute in court under section 12.12, unless you and Primcast both agree on another forum after the Dispute has arisen, and Primcast will not ask you to pay for another arbitration forum. Each party pays its own lawyers' fees and costs, unless the law under which a claim is brought awards them to the winner, or the arbitrator finds, as far as the law and the AAA's rules allow, that a claim or defense was frivolous or brought for an improper purpose. Judgment on the award may be entered in any court with jurisdiction.
You and Primcast each bring claims against the other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding, in arbitration or in court. An arbitrator may not combine the claims of more than one person, except as the AAA's rules provide under section 12.8, and may award relief only to the person who brought the claim. A court, not an arbitrator, decides any dispute about the validity, scope or enforceability of this section 12.7. If a court finds that this section cannot be enforced for a particular claim or remedy, such as a request for public injunctive relief, that claim or remedy is separated and decided by a court that has jurisdiction over it. That court decides whether it waits for the arbitration of the rest, and may give urgent relief meanwhile; the claim or remedy is never decided in a class arbitration. This section does not stop you from reporting a matter to a government agency, or an agency from acting on it, and it does not waive a right that the law does not allow to be waived. It does not apply to you if you opted out under section 12.9.
Where demands for arbitration against or by Primcast are a mass arbitration as the AAA's Mass Arbitration Supplementary Rules define it (when this was written: 25 or more similar demands with the same or coordinated representation), those rules apply to them. Each demand must name one person, include the information required by section 12.2, and say when the notice under section 12.2 was sent and whether the informal step was completed, was waived or falls under one of its exceptions. A demand filed before that step is complete can be completed or paused; it is not lost. The AAA administers the demands under those rules, including any grouping of cases it decides on, in a way that keeps each person's right to an individual hearing and a timely decision. Primcast will not ask for the demands to be decided one after another. The time limit for each demand is paused from the day it is filed until it is decided.
You may opt out of arbitration and of the waiver in section 12.7 (sections 12.4 to 12.8) within 30 days after you first accept a version of this Agreement containing this section, by email to complaints@primcast.com or by post to Primcast LLC, 34-18 Northern Blvd #408, Long Island City, NY 11101, giving your name and the email address on your account and saying that you opt out. You or a lawyer or other representative you have authorized may send it. An opt-out sent within the 30 days is valid from the day it is sent, whether or not Primcast has confirmed it. Your Disputes are then decided in court under section 12.12, and section 12.7 does not apply to you. A Host who contracts as an individual and lives in the United States may opt out of section 12.7 in the same way, within 30 days after first accepting a version of this Agreement that gives Hosts this opt-out; its Disputes are decided in court either way. Opting out does not affect the rest of this Agreement, including section 12.12 and its waiver of a jury trial.
This section applies to a Dispute between Primcast and a company or other organization, a Host acting as a Host, or an individual who uses the Services mainly for business or professional purposes. It does not apply to a consumer, wherever they live, or to a Host whom section 12.11 treats as a consumer: they keep the time limits the law gives, and section 12.2 still applies. Such a Dispute must be raised by a notice under section 12.2 within one year after the party raising it knew, or reasonably should have known, of the facts giving rise to it, and the arbitration or court case about it must be started within one year after the 60 days of section 12.2 end; otherwise the claim is barred. Where section 12.2 requires no notice and none is sent, the case must be started within one year after the party raising the Dispute knew, or reasonably should have known, of those facts. For a claim for breach of a contract for the sale of goods, where this section was part of the original agreement for that sale and the law allows it, the time limit is instead one year from when the claim accrued under section 2-725 of the Uniform Commercial Code, whose rules on accrual, warranties of future performance and tolling continue to apply; the notice deadline above does not apply to such a claim, and section 12.2 neither shortens that year nor prevents a filing needed to keep the claim alive. Nothing in this section revives a claim that the law already bars, and the law's own rules on when a claim arises and when time is paused still apply. This section applies equally to you and to Primcast. It does not apply to a claim under a consumer protection statute, a claim of fraud, a claim for personal injury, or any other claim whose time limit the law does not allow to be shortened or to be shortened this far. It applies only to Disputes about events that happen after this section applies to you (section 12.15).
If you are a consumer who lives outside the United States, you may bring a claim in the courts named in section 12.12 or in the courts of the place where you live, and Primcast may bring a claim against you only in the courts of the place where you live. This Agreement is governed by New York law, but you keep the protection of the rules of the country where you live that cannot be set aside by agreement. A Host who lists as an individual and lives in the European Union, the European Economic Area or the United Kingdom is treated as a consumer under this section.
Any Dispute that is not arbitrated, other than a claim in small claims court, is decided exclusively by the Supreme Court of the State of New York, Queens County, or, where it has jurisdiction, the United States District Court for the Eastern District of New York, subject to section 12.11 and to any right to bring a claim elsewhere that the law does not allow to be waived. Each party submits to those courts and waives any objection that they are an inconvenient forum. Service of process by certified mail, return receipt requested, to the address on file is effective where the rules of the court and the law on service in another country allow it. TO THE EXTENT THE LAW ALLOWS, EACH PARTY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY DISPUTE DECIDED IN COURT. In a Dispute in court between Primcast and a company or other organization, the prevailing party recovers its reasonable attorneys' fees, court costs and expert fees, including on appeal; if neither clearly prevails, each pays its own.
This Agreement and every Dispute are governed by the laws of the State of New York, without regard to conflict-of-laws rules, and sections 12.3 to 12.9 by the Federal Arbitration Act.
Section 11 governs a change to this section 12: Primcast emails you at least 30 days before the change takes effect, and it applies to you only from the later of that day and the day you accept it. You may also tell Primcast that you reject a change, by email or by post to the addresses in section 12.2. A change does not apply to a Dispute about events that happened before it applied to you, or for which a notice under section 12.2 was sent, or an arbitration or court case was started, before then. Until a change applies to you, the version of this section you last accepted continues to apply between you and Primcast.
This section 12 applies to you from the later of the day it takes effect and the day you accept it (section 11). For Disputes about events that happen from then on, it replaces every earlier governing-law, forum, jury and dispute clause between you and Primcast, including those in earlier versions of this Agreement and of the Marketplace terms. A Dispute about events that happened before then, whether or not it had been raised, stays under the terms that applied when they happened, including their time limits.
This section 12 survives the end of this Agreement and the closing of your account. If a court finds part of it unenforceable, the rest stays in effect, except as section 12.7 provides.
13.1 "Feedback" means a suggestion, idea, feature request, bug report or comment about Primcast's services, websites, apps, the GPU marketplace or the marketplace agent that YOU choose to give Primcast, by any means, including support tickets, the live chat and its automated assistant, WhatsApp, email, phone, surveys and the public MCP server, whether YOU give it YOURSELF or through a person or an AI agent YOU have authorized to act on YOUR account. It includes the text and images YOU send to explain it.
13.2 Feedback does not include YOUR content (the data, files, software, models, streams, audio, video and other material that YOU or YOUR users store, run, process or transmit with the services, including on a GPU marketplace Rental), the account and support information YOU give Primcast so that it can provide or support YOUR services (such as credentials, configurations and logs, which Primcast keeps confidential), or personal data. It does not include anything YOU give Primcast under a separate confidentiality agreement, or an idea or proposal that YOU and Primcast have agreed in writing to treat differently or to pay for. This section gives Primcast no right in any of these. The Privacy Policy, and any data processing agreement between YOU and Primcast, govern personal data, including personal data that appears in feedback, and this section changes neither.
13.3 Feedback is not confidential. YOU grant Primcast a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and fully paid license, under the rights YOU own or control in the feedback, including any patent claim that is necessarily infringed by carrying out the suggestion as YOU gave it, and no claim infringed only by combining it with something else or by a feature developed independently, to use the suggestion: to build, change and offer products, services, software and material that follow it, including software Primcast publishes under an open-source license, and to let others do the same as part of them. It is a license to the suggestion and to nothing else YOU own. YOU keep ownership of YOUR ideas and remain free to use them as YOU wish, and this section does not take away a right the law does not allow YOU to give up.
13.4 Primcast is not required to review, use, acknowledge or answer feedback, to pay for it, or to name YOU as its source. Primcast may already be developing something similar, or may receive the same idea from someone else, and owes nothing for building it. Primcast will not publish YOUR name, or present YOUR feedback as YOUR review or endorsement, without YOUR permission.
13.5 Send only feedback that, as far as YOU know, YOU have the right to share. If YOU need information kept confidential, or want to be paid for an idea, that requires a separate written agreement signed by Primcast before YOU share it.
13.6 No colleague and no automated assistant can agree in a chat, ticket or email to treat a particular suggestion differently: that takes a separate written agreement signed by Primcast, which may be signed electronically. This section itself changes only as section 11 provides. It applies only to feedback YOU give after YOU accept this section, and survives termination of this Agreement.
This Agreement, together with the Refund Policy and other posted policies, constitutes the entire agreement between YOU and Primcast.
Where these documents say different things about the same matter, they apply in this order: the law that cannot be set aside by agreement; for a transfer of personal data, the transfer clauses that apply to it, by their own rule of priority; the data processing agreement; for a Host on the GPU marketplace established in the European Union or the European Economic Area, the supplement to the Marketplace terms, for the subjects it covers; the Marketplace terms, for the GPU marketplace, including the refund of unused Balance and of time lost to an outage; the Refund Policy, for refunds of other services; and then this Agreement. Nothing in this order takes away a right the law gives a consumer, a person whose personal data is processed, or a business user. Our Privacy Policy explains how we process personal data; it is not consent to processing, it does not reduce a right under data protection law or the data processing agreement, and it does not change the priority of a transfer clause.