Last Updated: April 16th, 2025
1. ACCEPTANCE OF TERMS By accessing, subscribing to, or using the services provided by Prymatica (“Service Provider”, “we”, “us”, or “our”), you (“Client”, “User”, or “you”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use our services.
2. NATURE OF SERVICE (ASSISTANCE ONLY) Prymatica provides a B2B lead generation and cold email outreach platform. You acknowledge and agree that Prymatica’s role is strictly limited to providing technical assistance and infrastructure setup to help you launch your campaigns.
- No Agency Relationship: We are not an advertising agency or a marketing consultancy that assumes control of your brand. We function solely as a tool and administrative assistant to facilitate your outreach.
- Client Control: You retain full operational control over the content, timing, recipients, and nature of all campaigns. Prymatica acts only on your instructions to set up the technical parameters.
3. SUBSCRIPTION TERMS (MONTH-TO-MONTH) Unless explicitly stated otherwise in a separate Enterprise agreement:
- Month-to-Month Term: The Service is provided on a strict month-to-month basis. There are no long-term commitments for Starter or Professional plans.
- Renewal: Your subscription will automatically renew each month unless cancelled in writing at least [Number] days prior to the billing cycle end.
- Infrastructure Costs: For Starter and Professional plans, you are solely responsible for all third-party infrastructure expenses, including but not limited to domain purchases, G Suite/Workspace costs, and DNS management fees. These are paid directly to third-party providers or reimbursed to us at fair market value.
4. STRICT ALLOCATION OF RESPONSIBILITY You explicitly acknowledge that you are the “Sender” of all emails for legal purposes.
- Compliance: You are solely responsible for ensuring your campaigns comply with all applicable laws, including but not limited to the CAN-SPAM Act (USA), GDPR (Europe), CASL (Canada), and any other relevant anti-spam or privacy regulations.
- Content: You assume full liability for the content of your emails. Prymatica does not review content for legality or accuracy.
- Recipient Data: While we may provide scraping tools (PryScrape), you are responsible for vetting the contact lists and ensuring you have the legal right to contact these prospects.
- Domain Health: You accept all risks associated with cold emailing, including domain blacklisting, spam trap hits, ISP blocking, or damage to your sender reputation. Prymatica is not responsible for the suspension of your email accounts or domains by third-party providers (e.g., Google, Outlook).
5. DISCLAIMER OF WARRANTIES THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRYMATICA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING:
- RESULTS: WE DO NOT GUARANTEE ANY SPECIFIC RESULTS, LEADS, OPEN RATES, RESPONSE RATES, SALES, OR ROI. PAST PERFORMANCE SHOWN ON OUR WEBSITE IS FOR ILLUSTRATIVE PURPOSES ONLY.
- DELIVERABILITY: WE DO NOT GUARANTEE THAT EMAILS WILL LAND IN THE INBOX OR AVOID SPAM FILTERS.
- ACCURACY: WE DO NOT WARRANT THE ACCURACY OF ANY LEADS GENERATED VIA OUR SCRAPING TOOLS.
6. LIMITATION OF LIABILITY (ZERO LIABILITY) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRYMATICA SHALL HAVE ABSOLUTELY NO LIABILITY FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
- NO CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL PRYMATICA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS REPUTATION, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
- ZERO CAP: YOU AGREE THAT PRYMATICA’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICE SHALL BE LIMITED TO $0.00 (ZERO DOLLARS). IF THIS CLAUSE IS UNENFORCEABLE UNDER LOCAL LAW, LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICE IN THE ONE (1) MONTH PRECEDING THE CLAIM.
- CAMPAIGN OUTCOMES: WE BEAR NO RESPONSIBILITY FOR THE SUCCESS OR FAILURE OF YOUR CAMPAIGNS, NOR FOR ANY NEGATIVE FEEDBACK, LEGAL ACTION, OR REPUTATIONAL DAMAGE YOU INCUR BY SENDING COLD EMAILS.
7. INDEMNIFICATION You agree to defend, indemnify, and hold harmless Prymatica, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to the Service;
- Your violation of any term of these Terms;
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
- Your violation of any law (e.g., CAN-SPAM, GDPR);
- Any claim that your content or campaign caused damage to a third party.
8. TERMINATION
- By Client: You may terminate your month-to-month subscription at any time. Services will continue until the end of the current billing cycle.
- By Prymatica: We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
9. INTELLECTUAL PROPERTY
- Prymatica Property: All systems, software, scraping technology (PryScrape), methodologies, and templates provided by us remain the exclusive property of Prymatica.
- Client Property: You retain ownership of your specific campaign data and the leads generated solely for your account, subject to payment of fees.
10. GOVERNING LAW AND DISPUTE RESOLUTION These Terms shall be governed and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved exclusively in the courts located in [Your Jurisdiction].
BY SUBSCRIBING TO OR USING PRYMATICA, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.