These Terms of Use (“Terms”) govern your access to and use of the websites PRIMARYVISION.CO, EFRACS.COM,
and any related subdomains, applications, software platforms, dashboards, APIs, data products, analytics,
research, consulting services, and other services operated or provided by Primary Vision, LLC (“Primary Vision,” “we,” “our,” or “us”).
By accessing, browsing, registering for, or using any portion of the Platform, you acknowledge that you have read,
understood, and agree to be legally bound by these Terms and by our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, you must immediately discontinue use of the Platform.
1. General Provisions
These Terms remain in full force and effect until amended, replaced, or superseded by a revised version published by Primary Vision.
These Terms constitute the entire agreement between you and Primary Vision regarding your use of the Platform and supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral. In the event of a conflict between these Terms and any purchase order, order form, or other document issued by you, these Terms shall control unless expressly agreed otherwise in writing by Primary Vision.
Neither party may assign these Terms without the prior written consent of the other party, except that either party may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets, provided written notice is given and the assignee assumes all obligations herein.
Performance under these Terms may be suspended to the extent prevented by events beyond reasonable control, including acts of God, labor disputes, governmental actions, war, terrorism, internet outages, or failures of third-party infrastructure.
2. License and Access Rights
Subject to these Terms, Primary Vision grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for your internal business or personal use, as applicable, and strictly in accordance with these Terms.
No rights are granted other than those expressly stated. All rights not expressly granted are reserved by Primary Vision. Any downloading, exporting, or use of Platform content is permitted only as explicitly enabled by the Platform and does not convey ownership or intellectual property rights.
3. User Registration and Account Security
Certain features of the Platform require account registration. You agree to provide accurate, current, and complete information and to keep such information updated. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account.
You may not:
- Create an account on behalf of another person without authorization
- Use another user’s credentials
- Share access credentials or permit unauthorized access
- Allow use by any individual under eighteen (18) years of age
You must promptly notify Primary Vision of any suspected unauthorized use or security breach. Primary Vision is not liable for losses caused by unauthorized account access resulting from your failure to safeguard credentials.
Primary Vision reserves the right to suspend or terminate accounts at its sole discretion.
4. Restrictions on Use
You agree not to use the Platform:
- For any unlawful, fraudulent, or deceptive purpose
- In violation of applicable laws or regulations
- To reverse engineer, scrape, harvest, benchmark, or systematically extract data without written consent
- To introduce malware, viruses, or harmful code
- To infringe intellectual property, privacy, or publicity rights
- To store, transmit, or process Sensitive Data
The Platform is not designed to comply with HIPAA, FISMA, FERPA, FCRA, GLBA, or similar sector-specific regulations. You agree not to use the Platform in a manner that would subject Primary Vision to such regulatory obligations.
5. Intellectual Property
All content, software, data models, analytics, methodologies, dashboards, reports, trademarks, logos, trade names, and proprietary technology on the Platform are owned by or licensed to Primary Vision and are protected by intellectual property laws.
You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works from any part of the Platform without prior written consent. You agree not to contest or impair Primary Vision’s intellectual property rights.
6. Third-Party Services and Content
The Platform may include links to third-party websites, tools, or services. Primary Vision does not control and is not responsible for third-party content, policies, or practices. Your interactions with third parties are solely between you and such third parties.
You expressly release Primary Vision from any claims arising out of disputes with third parties.
7. Disclaimers and Limitation of Liability
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRIMARY VISION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
PRIMARY VISION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL PRIMARY VISION’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO PRIMARY VISION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
8. Customer Data
You retain ownership of all Customer Data submitted to the Platform. You grant Primary Vision a limited right to process such data solely to provide and improve the Platform and related services.
You represent that you have all necessary rights and consents to submit Customer Data and that such data does not include Sensitive Data. Primary Vision may suspend access if Sensitive Data is detected.
Data security practices are governed by the Privacy Policy.
9. Confidentiality
Each party agrees to protect the other party’s Confidential Information and to use it solely for purposes related to these Terms. Confidential Information includes non-public business, technical, financial, customer, and product information.
Confidentiality obligations survive termination of these Terms.
10. Indemnification
You agree to indemnify and hold harmless Primary Vision, its affiliates, officers, employees, and partners from any claims, damages, liabilities, costs, and expenses arising out of your use of the Platform, violation of these Terms, violation of law, or infringement of third-party rights.
11. Compliance With Laws
You agree to comply with all applicable local, state, federal, and international laws, including export controls, sanctions, securities laws, and data protection regulations. You represent that you are not located in, or subject to, any jurisdiction subject to U.S. sanctions.
Primary Vision complies with applicable data protection and securities regulations, including Regulation FD.
12. Suspension and Termination
Primary Vision may suspend or terminate access to the Platform at any time for violation of these Terms, security risks, operational integrity, legal compliance, or maintenance. Upon termination, your right to access the Platform ceases immediately.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles. Any disputes shall be resolved exclusively in state or federal courts located in Wyoming.
14. Contact Information
Primary Vision, LLC
30 N Gould Street
Sheridan, WY 82801
Email: info@primaryvision.co
Phone: +1-713-554-4977
