Terms of Service. The rules for using PrimaryAPI.

1. Who we are and what these terms cover

These Terms of Service (the “Terms”) are an agreement between you and Program Alpha, Inc., 1388 Haight St #1301, San Francisco, CA 94117, United States (“PrimaryAPI”, “we”, “us”). They cover the website at primaryapi.com, the dashboard, the HTTP API, the MCP server, the SKILL.md and other agent files, the documentation and any related software we provide (together, the “Service”).

You accept these Terms when you create an account, create or use an API key, buy credits or a plan, or claim a key that an AI agent created. If you use the Service for an organisation, you confirm that you can bind that organisation, and “you” means the organisation.

These Terms include an agreement to resolve disputes by individual arbitration and a class-action waiver. See arbitration and class-action waiver, which also explains how to opt out.

The Acceptable Use Policy, the Privacy Policy and, where we process personal data for you, the Data Processing Addendum form part of these Terms.

2. Accounts and eligibility

The Service is intended for businesses, developers and researchers. You must be at least 18 years old and able to enter into a contract. Give us accurate sign-up details and keep your email address current, because that is where we send notices about your account and credits.

• One person or organisation per account. Creating extra accounts to collect welcome credits again is not allowed.
• You are responsible for everything done through your account and your keys, including by colleagues and software you authorise.
• Keep your password and sign-in methods secure, and tell us promptly if you believe your account has been accessed without permission.

3. AI agents and trial keys

AI agents can create a trial key without a person present, by calling the public sign-up endpoint. A trial key has a small allowance of free credits, can run ordinary (non-restricted) APIs only, and stops working after 7 days unless a person claims it.

• Whoever operates or deploys an agent is responsible for what the agent does with the Service, and is bound by these Terms when the agent creates or uses a key on their behalf.
• When you claim a trial key, you accept these Terms for yourself or your organisation and take responsibility for that key, including the calls the agent made with it before you claimed it.
• After you approve a key, its calls spend your credits, up to the spend limit you set. You can lower the limit, disable or revoke the key at any time from the dashboard.
• We may limit how many trial keys can be created, for example per network address, and refuse or revoke trial keys that are abused.

4. API keys

An API key is shown once, when you create or rotate it. We store only a one-way hash of it, so we cannot show it to you again. Treat keys like passwords: keep them out of source code, client-side apps, chats and logs.

Calls made with your key are your calls until you disable, rotate or revoke it. If a key leaks, revoke it in the dashboard straight away and tell us. We may disable a key that appears to be compromised or used in breach of these Terms, and we will tell you when we do.

5. Credits

The Service is paid for in advance, in credits. Credits are prepaid units for using the Service: each call costs a number of credits, shown on the API’s page and returned in the response. You buy credits in packs or in an amount you choose, at the price per credit for your plan, and paid plans include credits every month.

• Credit purchases are processed by our payment provider, and the amounts you can buy are shown at checkout. Credits are added once the payment provider confirms the payment. Some payment methods take longer to confirm than others.
• Credits are non-refundable and have no cash value. They are not money, a deposit or stored value that can be spent anywhere else. They earn no interest, and they cannot be exchanged for money or transferred to another account.
• Credits you buy do not expire while your account is open.
• Credits included with a plan that you do not spend roll over for 3 months, and then expire.
• Welcome credits can expire. The expiry date, where there is one, is shown in your dashboard.
• We may change prices, including what credits cost and how many credits an API costs. A change applies to purchases and calls made after it is published. It never changes the price of credits you already bought or the cost of a call already made.
• If your credits run out, calls are refused with an insufficient-balance error until you buy more. Keys that keep calling with no credits left may be paused, and they resume when credits are added.

6. Prices and what you are charged

Each API’s price is shown in credits on its page and returned by the API itself. Some APIs are priced per call, others per result returned, with a minimum per call. Every successful response states the exact number of credits charged in its credits field.

When a call is charged

• A call is charged when a provider answers it with data. A confirmed “not found” (for example, an account that does not exist) is also an answer; it is free unless the API’s page says the provider behind it charges for misses.
• A call that fails on every provider we try is not charged. Neither is a call we refuse before routing it, such as one with invalid input, an unknown API, too few credits or a key over its spend limit.
• If the first provider fails and a more expensive one answers, you pay the credits of the provider that answered, never both. You can cap the credits any single call may cost with maxCredits.

Holds

Before a call runs, we set aside the most it could cost, in credits. When it finishes we charge what it cost and return the rest straight away. If the call fails everywhere, all of it is returned.

Price changes and taxes

We may change prices as the credits section describes. Prices of credits and plans are shown before tax. Where we are required to charge tax, it is added at checkout.

7. Auto top-up

Auto top-up buys credits for you with a card you save. You choose the balance that triggers a top-up and how many credits each one buys, and you can change either, or turn auto top-up off, at any time in your dashboard’s billing settings.

• By turning auto top-up on, you authorise us to charge your saved card, through our payment provider, each time your balance falls below your threshold, without asking you again, until you turn it off or remove the card.
• Each top-up is charged at your price per credit at the time, plus any tax, and its credits are added once the payment succeeds. They are credits you bought, so the credits and refunds sections apply to them.
• We check balances about once a minute and make at most 10 top-ups in any 24 hours.
• If a charge is declined, or your bank asks you to confirm it, we turn auto top-up off and email the people who manage billing for the workspace. It stays off until you turn it on again.
• Spend alerts, if you set them, only notify you. They do not stop or limit top-ups.

8. Plans and renewal

Paid plans are subscriptions, billed monthly or yearly in advance. Before you buy, we show the plan’s fee, the credits it includes each month and its price for extra credits.

• Automatic renewal. A plan renews automatically at the end of each billing period, and we charge the fee for the next period to your payment method, until you cancel.
• Cancelling. You can cancel at any time in your dashboard’s plan settings. Cancelling stops the next renewal: your plan stays in place until the end of the period you have paid for, then your workspace moves to Pay as you go. We do not refund the fee for the rest of a period, except where the law requires it. Credits you bought stay in your account, and included credits you have already received can be used until they expire, as the credits section describes.
• Upgrades take effect at once: we charge the difference for the rest of the current period straight away and add the extra included credits for the current month.
• Downgrades, and switching between monthly and yearly billing, take effect at the end of the current period.
• Failed payments. If a renewal payment fails, our payment provider tries again. Your plan stays in effect for 7 days while it does, but the new period’s included credits are added only once the payment succeeds. After that, credits you buy are priced at Pay as you go rates until the payment goes through, and we may cancel the plan.
• Price changes. If we change the price of your plan, we will email you at least 30 days before the change applies, and it applies from your first renewal after that. You can cancel before then.

9. Welcome credits and other free credits

We may give you credits you did not pay for, such as welcome credits when you sign up or the allowance of an agent’s trial key (“free credits”).

• Free credits have no cash value. They cannot be refunded, exchanged for money or transferred.
• They are spent before credits you bought.
• They may expire. The expiry date, where there is one, is shown in your dashboard.
• We may remove free credits that were obtained by breaking these Terms, for example through multiple accounts, and they are forfeited if we close your account for a breach.

10. Refunds

Credits are non-refundable. We do not refund credits you bought, whether or not you have used them, except where the law requires a refund or our Data Processing Addendum provides one (when you object to a new sub-processor and we cannot address the objection). Questions about a payment: email [email protected] from the address on your account.

• Failed calls are never charged, so there is nothing to refund for them.
• Free credits are never refundable.
• If you dispute a payment with your bank or card issuer, we may suspend the account while the dispute is open and remove the credits that payment bought.

Nothing in this section limits rights you have under consumer protection laws that cannot be excluded by contract.

11. Acceptable use and restricted APIs

You must follow the Acceptable Use Policy. In short: use the Service lawfully, do not use it to surveil, stalk or harass anyone, do not send spam, do not ask for data that sits behind a login, and do not use it to decide whether a person gets credit, a job, housing, insurance or similar.

Some APIs, such as people search and contact data, are restricted. Before an account can call them, you accept additional terms for that data and we review and approve the account. You may only use restricted APIs for the purpose you described to us. Trial keys created by agents cannot call restricted APIs.

12. Your inputs and the results you receive

You keep whatever rights you have in the inputs you send us. You give us permission to use them, and to pass the parameters a call needs to the provider that serves it, in order to run the Service for you. We do not claim ownership of the results you receive.

• Results come from third-party sources: publicly available, logged-out information and data from providers licensed to supply it. We do not guarantee that any result is accurate, complete or current.
• You decide how you use results, and you are responsible for doing so lawfully: privacy and data protection law, marketing and consumer protection law, intellectual property rights and any licence terms that apply to the data.
• Where results contain personal data, you are responsible for having a lawful basis to collect and use it and for giving people any notices the law requires. The Data Processing Addendum describes our role as your processor.
• We keep full results for a limited time so you can read them again; the retention window is described in the Privacy Policy.

13. Not a consumer reporting agency

We are not a consumer reporting agency, and nothing the Service returns is a consumer report under the US Fair Credit Reporting Act (FCRA) or similar laws. You must not use the Service, or any result from it, as a factor in deciding a person’s eligibility for credit, insurance, employment, housing, education, a licence, a government benefit or any other purpose covered by the FCRA.

Screening and validation results, such as an email check or a sanctions match, are aids to your own review. They are not decisions, and you should not treat them as a safe harbour under any law.

14. Availability and changes to the Service

We route each call across independent providers and fail over when one breaks, but we do not promise that any API, provider or the Service as a whole will be available at any particular time. The figures on our network page are our own measurements of past traffic, not a commitment.

• We may add, change, re-price, pause or retire APIs and providers. When a change would break integrations, we will give reasonable notice where we practically can.
• We apply rate limits per key and per account. Requests over a limit receive an error that says when to retry. We may adjust limits to protect the Service.
• We may carry out maintenance, which can briefly interrupt the Service.

15. Third-party providers

The data behind each API comes from third parties, such as data vendors, scraping marketplaces and public registries. A provider receives the parameters a call needs and our credentials. We do not send it your API key, your account email or your IP address.

You must not use the Service in a way that is designed to get around a provider’s technical limits, or that would require a provider to access data behind a login or to defeat security measures.

16. Our intellectual property

The Service, including our software, documentation, catalog, schemas and brand, belongs to us or our licensors. These Terms give you a limited, non-exclusive, non-transferable right to use the Service while your account is in good standing.

• You may build and sell your own products on top of the Service. You may not resell raw access to the Service, or offer it as a proxy or under another name, without a written agreement with us.
• Do not copy or scrape the catalog or documentation in bulk to build a competing service.
• If you send us feedback or suggestions, we may use them without any obligation to you.

17. Suspension and termination

You can stop using the Service and ask us to close your account at any time. Credits left in the account follow the refunds section.

We may suspend or close your account, or disable keys, if you breach these Terms or the Acceptable Use Policy, if we suspect fraud or abuse, if your use creates legal or security risk for us, our providers or others, or if the law requires it. Where it is reasonable and lawful, we will tell you first and give you a chance to fix the problem. Credits left in the account follow the refunds section.

Sections that by their nature should survive termination (charges already incurred, disclaimers, limits of liability, indemnity and disputes) continue to apply.

18. Disclaimers

Except as these Terms expressly say, the Service and all results are provided “as is” and “as available”. To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that any provider will keep serving a given API.

19. Limitation of liability

To the extent the law allows:

• neither of us is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill; and
• our total liability arising out of or relating to the Service or these Terms is limited to the amount you paid us for the Service in the 12 months before the event that gave rise to the claim.

These limits do not apply to liability that cannot be limited by law, such as liability for fraud, or for death or personal injury caused by negligence.

20. Indemnity

You will defend and indemnify us, and our personnel, against third-party claims, and the resulting losses and costs, arising from your inputs, your use of results, your breach of these Terms or the Acceptable Use Policy, or your breach of law, including claims arising from the actions of agents you operate.

21. Export controls and sanctions

You may not use the Service from, or for the benefit of anyone in, a country or region subject to comprehensive US, EU or UK sanctions, or if you or your organisation are a sanctioned person. You must comply with export control and sanctions laws that apply to your use of the Service and the data you receive.

22. Changes to these terms

We may update these Terms. For material changes we will give notice by email or in the dashboard before they take effect. If you keep using the Service after a change takes effect, the new Terms apply; if you do not agree, stop using the Service before the change takes effect. The date at the top of this page shows the latest revision.

23. Copyright complaints

If you believe that material available through the Service infringes your copyright, send a notice to our designated agent below. It must include:

• your physical or electronic signature;
• the copyrighted work you believe is infringed;
• the material you believe infringes it, and enough detail for us to find it (for example the API and the input or URL concerned);
• your name, postal address, telephone number and email address;
• a statement that you believe in good faith that the use is not authorised by the copyright owner, its agent or the law; and
• a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act for them.

Designated agent: Copyright Agent, Program Alpha, Inc., 1388 Haight St #1301, San Francisco, CA 94117, United States. Email: [email protected].

When we receive a valid notice, we remove or disable access to the material we hold, such as stored results, and in appropriate circumstances we close the accounts of customers who repeatedly infringe.

24. Governing law and courts

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Disputes are resolved by individual arbitration as the next section describes. Disputes that are not arbitrated (because they fall under an exception, because you opted out, or because a court decides arbitration does not apply) will be resolved in the state and federal courts located in the State of Delaware, and you and we consent to their jurisdiction.

If you are a consumer, you keep the protection of the mandatory laws of the country where you live, and nothing in these Terms takes away a right those laws do not let a contract remove.

25. Arbitration and class-action waiver

Please read this section carefully. It means that you and we resolve disputes by binding individual arbitration instead of in court, and that neither of us can bring or join a class action against the other.

• Try to resolve it first. Before starting arbitration, the party with a dispute sends the other a written notice describing it and what it wants: to us at [email protected] or 1388 Haight St #1301, San Francisco, CA 94117, United States; to you at the email address on your account. We both try in good faith to resolve it within 60 days of the notice.
• Binding individual arbitration. If it is not resolved, any dispute, claim or controversy arising out of or relating to these Terms or the Service, including whether this section applies or is enforceable, will be resolved by final and binding arbitration before a single arbitrator, not in court, except as described below. The American Arbitration Association (AAA) administers it under its Commercial Arbitration Rules, or its Consumer Arbitration Rules where they apply, including any AAA rules for multiple case filings. Hearings take place by video or telephone unless the arbitrator decides one in person is needed, in which case it is held in the State of Delaware or in the county where you live. The arbitrator can award the same individual relief a court could, but only to the individual party and only as far as needed for that party’s claim. Judgment on the award may be entered in any court with jurisdiction.
• No class actions. You and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative action. The arbitrator may not combine more than one person’s claims or preside over any form of class or representative proceeding.
• Exceptions. Either of us may bring an individual claim in a small claims court that has jurisdiction over it, and either of us may ask a court for an injunction or other equitable relief to stop the infringement or misuse of intellectual property or unauthorised access to, or abuse of, the Service.
• Fees. The AAA’s rules decide who pays filing, administration and arbitrator fees. Each party pays its own lawyers’ fees unless the arbitrator awards them under applicable law.
• Opting out. You can opt out of this arbitration agreement within 30 days after you first accept these Terms, by emailing [email protected] from the address on your account with your name and a statement that you opt out of arbitration. Opting out does not change any other part of these Terms; disputes then go to the courts named in the previous section.
• If part of this section fails. If a court decides that the class-action waiver cannot be enforced for a claim, that claim (and only that claim) is severed and heard in court, not in arbitration. If any other part of this section is unenforceable, the rest still applies.
• Changes to this section. A change to this section does not apply to a dispute that either of us gave notice of before the change took effect.
• The Federal Arbitration Act governs the interpretation and enforcement of this section. This section does not apply where the law that protects you as a consumer does not allow it.

26. General

• These Terms, with the documents they refer to, are the entire agreement between us about the Service.
• You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition or sale of assets, with notice to you.
• If a provision is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver of it.
• Neither of us is responsible for delays caused by events beyond reasonable control.
• We send notices to the email address on your account. You can send notices to us at the address below.

27. Contact

Questions about these Terms: [email protected]. Postal address: Program Alpha, Inc., 1388 Haight St #1301, San Francisco, CA 94117, United States.