Policies - Persistent Device ID API Terms of Service
Last updated: 24th of July 2026
Important notice
These Terms of Service govern access to and use of the Prime AI Persistent Device ID and Risk Signals API, also referred to as the Prime AI Telemetry API.
These Terms do not govern Prime AI’s Clothing Size Finder, Shoe Size Finder, Bra Size Finder, Virtual Try-On, Visual Search, AI Photoshoot, custom artificial intelligence services, professional services or other enterprise products. Those services are supplied only under separate written agreements.
The Service is offered only to businesses and persons acting for business purposes. It is not offered to consumers for personal, family or household use.
By selecting an acceptance checkbox, creating an account, placing an Order, requesting or using Sandbox access, paying for a subscription, accessing API credentials or otherwise using the Service, you agree to these Terms.
Where you accept these Terms on behalf of a company or other legal entity, you confirm that:
you are authorised to bind that entity;
the information you provide is accurate; and
that entity agrees to these Terms.
If you do not agree to these Terms or do not have authority to bind the relevant entity, you must not access or use the Service.
1. Parties
These Terms are entered into between:
Prime AI Limited, registered in England and Wales under company number 11599467, with its registered office at:
Oakwood Lodge
Thornden Wood Road
Herne Bay
CT6 7NX
Reino Unido
referred to as “Prime AI,” “we,” “us” ou “our”;
e
the business, company, organisation, sole trader or other legal entity accepting these Terms, referred to as the “Customer,” “you” ou “your.”
Prime AI and the Customer are each a “Party” and together the “Parties.”
2. Definitions
In these Terms:
2.1 Account
“Account” means the account, subscription record or customer profile created for the Customer in connection with the Service.
2.2 API
“API” means the Prime AI application programming interface, scripts, software libraries, SDKs, endpoints, integration components and associated technology supplied as part of the Service.
2.3 API Call
“API Call” means a request submitted to the Service through the API.
2.4 API Credentials
“API Credentials” means API keys, tokens, secrets, usernames, passwords and other credentials issued or approved for accessing the Service.
2.5 Authorised User
“Authorised User” means an employee, contractor or representative whom the Customer authorises to access or administer the Service on its behalf.
2.6 Business Day
“Business Day” means a day other than a Saturday, Sunday or public holiday in England.
2.7 Customer Application
“Customer Application” means the website, mobile application, software platform, embedded application, checkout, account system, risk system or other digital property on which the Customer deploys or uses the Service.
2.8 Customer Data
“Customer Data” means information submitted to, transmitted to, collected through or otherwise processed by the Service on behalf of the Customer.
2.9 Data Processing Addendum
“DPA” means the Prime AI Standard Data Processing Addendum published on the Prime AI website, as updated in accordance with its terms.
2.10 Documentation
“Documentation” means the technical, security, operational and integration documentation supplied or made available by Prime AI for the Service.
2.11 End User
“End User” means an individual who visits, accesses or interacts with a Customer Application on which the Service is deployed.
2.12 Fees
“Fees” means the subscription charges, usage charges, taxes and other amounts payable for the Service.
2.13 Included API Calls
“Included API Calls” means the number of API Calls included in the Customer’s selected Plan during each applicable billing period.
2.14 Order
“Order” means the Customer’s selection or purchase of a Plan through:
an online checkout;
an account interface;
an order confirmation;
an application form;
an invoice;
a written quotation;
an email confirmation; or
another ordering process approved by Prime AI.
2.15 Order Confirmation
“Order Confirmation” means the checkout confirmation, subscription confirmation, invoice, email or other record identifying the Plan selected by the Customer.
2.16 Output
“Output” means information generated or returned by the Service, including:
persistent device identifiers;
session identifiers;
returning-device indicators;
technical telemetry;
confidence indicators;
device-consistency information;
network indicators;
risk signals;
risk scores;
risk levels; and
recommended-action or customer-defined decision-support fields.
2.17 Paid Plan
“Paid Plan” means any paid subscription plan for the Service, including the Starter and Growth Plans and any replacement or additional paid plans introduced by Prime AI.
2.18 Plan
“Plan” means the Sandbox, Starter, Growth or another Service plan selected or approved for the Customer.
2.19 Pricing Page
“Pricing Page” means the current pricing and plan information displayed on the Persistent Device ID API product page or during checkout.
2.20 Sandbox
“Sandbox” means free, trial, evaluation, demonstration or testing access to the Service.
2.21 Service
“Service” means the Prime AI Persistent Device ID and Risk Signals API, also referred to as the Prime AI Telemetry API, including its API, scripts, dashboard, Documentation, Output and associated standard support.
2.22 Service Analytics
“Service Analytics” means aggregated, statistical, de-identified or operational information concerning the performance, security and use of the Service that does not directly identify an individual or disclose the Customer’s Confidential Information.
2.23 Subscription Start Date
“Subscription Start Date” means the subscription start date shown in the Order Confirmation or, where no date is shown, the date on which production API Credentials are first issued to the Customer.
2.24 Subscription Term
“Subscription Term” means the period beginning on the Subscription Start Date and continuing until the subscription expires or is terminated in accordance with these Terms.
2.25 Usage Allowance
“Usage Allowance” means the Included API Calls and any other usage limits applicable to the Customer’s Plan.
3. Contract structure
3.1 Incorporated documents
The agreement between Prime AI and the Customer consists of:
the Order and Order Confirmation;
these Terms;
the DPA;
the Privacy Policy;
the Infrastructure Sub-processors information; and
the Documentation.
Together, these documents form the “Agreement.”
3.2 Order of precedence
If there is a conflict between documents forming the Agreement, the following order of precedence applies:
the DPA, but only for matters concerning the processing of Customer Personal Data;
the Order Confirmation;
these Terms;
the Documentation; and
other policies incorporated into the Agreement.
3.3 Enterprise agreements
If the Parties enter into a separately signed agreement expressly governing the Service, that agreement takes precedence over these Terms to the extent of any conflict.
3.4 Customer purchase orders
Any purchase order or procurement document issued by the Customer is for administrative purposes only.
Additional or inconsistent terms contained in a Customer purchase order do not apply unless expressly accepted in writing by an authorised representative of Prime AI.
3.5 Marketing statements
Marketing materials, demonstrations, discussions and statements made outside the Agreement do not create contractual commitments unless expressly incorporated into an Order Confirmation or separately signed agreement.
4. Business eligibility and registration
4.1 Business use only
The Customer confirms that it is acquiring and using the Service wholly or mainly for business purposes.
The Service is not intended for consumer use.
4.2 Accurate information
The Customer shall provide accurate, complete and current information concerning:
its legal or trading name;
company or business registration details;
billing details;
website and approved domains;
intended use case;
technical contact;
billing contact; and
any other information reasonably requested by Prime AI.
4.3 Authority
The person registering or ordering the Service confirms that they are authorised to:
represent the Customer;
accept the Agreement;
provide payment instructions; and
make decisions concerning the Customer’s use of the Service.
4.4 Verification and approval
Prime AI may verify:
the Customer’s identity;
its business;
its website or application;
its intended use case;
its payment information; and
its compliance with the Agreement.
Access to the Service, including Sandbox access, may be subject to manual review and approval.
4.5 Refusal of access
Prime AI may refuse an application or decline to issue API Credentials where reasonably necessary to:
protect the Service or other customers;
prevent fraud or abuse;
comply with law;
manage technical capacity;
avoid prohibited use cases; or
address inaccurate or incomplete registration information.
If Prime AI rejects a paid application before production access is activated, Prime AI shall refund Fees already collected for the unactivated Service.
5. Plans and access
5.1 Available Plans
The available Plans, Fees, Included API Calls, signals and other features are described on the Pricing Page or in the applicable Order Confirmation.
5.2 Plan features
Features may differ between Plans.
For example, a Plan may include some or all of the following:
persistent device identification;
private or incognito browsing indicators;
VPN indicators;
data-centre network indicators;
developer-tools activity indicators;
browser-tampering indicators;
bot or automation indicators;
device-consistency checks;
dashboard access;
risk signals; and
support.
Only the features identified for the Customer’s selected Plan are included.
5.3 Changes to Plans
Prime AI may introduce, rename, modify or discontinue Plans.
Prime AI shall not materially reduce the core functionality of a Paid Plan during a paid billing period without:
providing a substantially equivalent alternative;
giving reasonable prior notice; or
allowing the Customer to cancel and receive a proportionate refund for the unused affected period.
5.4 No entitlement to future features
The Customer’s purchase is not dependent on the delivery of any future feature, integration, signal or functionality unless expressly stated in the Order Confirmation.
Product roadmaps and planned features are indicative only.
6. Sandbox access
6.1 Evaluation purpose
The Sandbox is provided for technical evaluation, integration testing, signal evaluation and proof-of-concept purposes.
6.2 Sandbox allowance
The Sandbox Usage Allowance and included functionality are stated on the Pricing Page or in the Sandbox approval communication.
6.3 Manual approval
Sandbox applications may require manual review before API Credentials are issued.
Submitting an application does not guarantee approval.
6.4 No production commitment
Unless Prime AI expressly approves otherwise, the Customer shall not rely on the Sandbox as a permanent production service.
6.5 Sandbox limitations
Sandbox access:
may contain reduced functionality;
may be rate-limited;
may be subject to additional technical restrictions;
may be modified or withdrawn;
does not include a service-level commitment;
does not include guaranteed support or response times; and
is provided “as is” and “as available.”
6.6 Sandbox duration
Prime AI may limit Sandbox access by:
time;
API Calls;
approved domain;
approved use case; or
another reasonable restriction.
6.7 Ending Sandbox access
Prime AI may suspend, expire or terminate Sandbox access at any time.
Where practicable, Prime AI shall provide notice before ending Sandbox access, but it is not required to do so where immediate action is necessary for security, legal or misuse-prevention reasons.
6.8 Conversion to a Paid Plan
Continued production use after the Sandbox expires requires an active Paid Plan or another written arrangement approved by Prime AI.
7. Subscription Term, renewal and cancellation
7.1 Monthly subscriptions
Unless the Order Confirmation states otherwise, Paid Plans are monthly subscriptions.
7.2 Subscription start
The subscription starts on the Subscription Start Date.
Any estimated activation or onboarding date is an estimate and not a guaranteed deadline unless expressly stated in the Order Confirmation.
7.3 Automatic renewal
A Paid Plan automatically renews for successive monthly billing periods until cancelled in accordance with these Terms.
7.4 Cancellation by the Customer
The Customer may cancel a monthly Paid Plan:
through any cancellation function made available in its Account;
through the payment provider’s customer portal;
by contacting Prime AI at [email protected]; or
by using another cancellation method identified in the Order Confirmation.
7.5 Effective date of cancellation
Cancellation takes effect at the end of the billing period in which the cancellation request is received, unless the Order Confirmation states otherwise.
The Customer may continue using the Paid Plan until the end of the paid billing period, subject to the Agreement.
7.6 No further renewal charge
After a valid cancellation takes effect, Prime AI shall not charge the Customer for a further renewal period.
7.7 No partial-period refunds
Except where expressly stated in the Agreement or required by law:
Fees are non-refundable;
no refund is provided for a partially used billing period;
unused API Calls have no cash value; and
cancellation does not create a right to a pro-rata refund.
7.8 Minimum terms
If an Order Confirmation identifies a fixed minimum Subscription Term, the Customer remains responsible for the Fees applicable to that term, subject to any termination rights expressly stated in the Order Confirmation.
8. Fees, billing and taxes
8.1 Fees
The Customer shall pay the Fees shown:
on the Pricing Page at the time the Order is placed;
during checkout;
in the Order Confirmation; or
on an invoice issued by Prime AI.
8.2 Recurring payment authority
By providing payment information for a recurring Paid Plan, the Customer authorises Prime AI and its payment provider to charge the applicable payment method for:
the initial subscription;
recurring renewal Fees;
applicable taxes; and
other charges expressly disclosed and authorised under the Agreement.
8.3 Billing frequency
Unless stated otherwise, monthly Paid Plans are billed monthly in advance.
8.4 Payment provider
Payments may be processed by a third-party payment provider.
Prime AI does not ordinarily receive or store the Customer’s complete payment-card number.
The payment provider’s own terms and privacy policy may also apply to its processing.
8.5 Taxes
Fees exclude VAT, sales tax, use tax, withholding tax and similar taxes unless the Pricing Page or checkout expressly states that taxes are included.
The Customer is responsible for applicable taxes associated with its purchase, excluding taxes imposed on Prime AI’s net income.
8.6 Tax information
The Customer shall provide accurate tax, business and billing information reasonably requested by Prime AI or the payment provider.
8.7 Failed payments
If a payment fails or becomes overdue, Prime AI may:
retry the payment;
request updated payment information;
restrict or suspend the Service;
reduce the Account to a free or inactive status;
terminate the subscription; or
pursue lawful recovery of undisputed amounts.
8.8 Payment notice
Where reasonably practicable, Prime AI shall give the Customer an opportunity to correct a failed payment before terminating production access.
8.9 Chargebacks
Prime AI may suspend the Service while investigating a chargeback, reversed payment or suspected payment fraud.
8.10 Payment disputes
The Customer must notify Prime AI of a disputed charge within 30 days after the charge or invoice date and provide reasonable details of the dispute.
Nothing in this section limits rights that cannot lawfully be excluded.
8.11 Price changes
Prime AI may change the price of a Paid Plan by giving at least 30 days’ notice.
A price change applies from the first renewal occurring after the stated effective date.
If the Customer does not agree to the changed price, it may cancel before the change takes effect.
9. API Calls and usage limits
9.1 Usage Allowance
The Customer shall remain within the Usage Allowance applicable to its Plan.
9.2 Measuring usage
Prime AI may measure API Calls and other usage through its systems.
Prime AI’s records shall be authoritative unless the Customer demonstrates a manifest error.
9.3 Reaching the Usage Allowance
If the Customer reaches or is likely to reach its Usage Allowance, Prime AI may:
notify the Customer;
rate-limit further requests;
suspend additional API Calls until the next billing period;
request that the Customer upgrade;
offer an additional usage package; or
apply an overage arrangement expressly agreed with the Customer.
9.4 Overage charges
Prime AI shall not impose an undisclosed overage charge.
An overage charge applies only where it has been:
displayed before the relevant usage;
identified in the Plan or checkout;
stated in the Order Confirmation; or
separately agreed with the Customer.
9.5 No carry-over
Unless expressly stated otherwise, unused Included API Calls:
expire at the end of the relevant billing period;
do not carry over;
are not transferable; and
have no cash or refund value.
9.6 Circumventing limits
The Customer shall not:
create duplicate Accounts;
rotate API Credentials;
divide usage across related entities;
manipulate request reporting; or
use another method to avoid usage limits or Fees.
9.7 Unusual traffic
Prime AI may rate-limit or temporarily restrict abnormal request volumes that threaten:
Service availability;
security;
infrastructure stability; or
other customers’ use of the Service.
10. Licence and permitted use
10.1 Licence
Subject to payment of the Fees and compliance with the Agreement, Prime AI grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable right during the Subscription Term to:
integrate the API into approved Customer Applications;
make API Calls within the Usage Allowance;
access the Documentation;
receive and use Output; and
use the Service internally for the approved business purposes.
10.2 Approved purposes
The Service may be used for legitimate purposes including:
website and account security;
fraud prevention;
abuse prevention;
account-recreation detection;
multi-account detection;
trial-abuse prevention;
promotion and referral-abuse prevention;
suspicious-session review;
bot and automation detection;
payment or checkout risk enrichment;
serial return and refund-abuse prevention;
access control;
authentication support;
paywall enforcement; and
other risk-management purposes approved by Prime AI.
10.3 Approved Customer Applications
The Customer may deploy the Service only on:
domains;
applications;
environments; and
use cases
registered with or approved by Prime AI.
10.4 Authorised Users
The Customer may permit Authorised Users to administer and use the Service on its behalf.
The Customer is responsible for its Authorised Users’ acts and omissions.
10.5 Affiliates and clients
The Customer may not make the Service available to:
an affiliate;
a customer;
a merchant;
a reseller;
a client; or
another third party
unless the relevant use is expressly permitted by the Plan or separately approved in writing by Prime AI.
11. API Credentials and account security
11.1 Confidential credentials
API Credentials are confidential and must be protected against unauthorised access or disclosure.
11.2 Customer security obligations
The Customer shall:
use appropriate secret-management procedures;
limit credential access to Authorised Users;
use server-side credentials only as instructed by the Documentation;
avoid exposing private credentials in public source code;
maintain appropriate authentication and access controls;
promptly remove access no longer required;
rotate credentials when reasonably necessary; and
notify Prime AI immediately of suspected compromise.
11.3 Public code repositories
The Customer shall not publish API Credentials in:
public repositories;
public documentation;
browser-side source code where prohibited by the Documentation;
support forums; or
other publicly accessible locations.
11.4 Responsibility for usage
The Customer is responsible for API Calls made using its API Credentials until:
the Customer notifies Prime AI of a compromise; and
Prime AI has had a reasonable opportunity to disable or replace the affected credentials.
11.5 Credential changes
Prime AI may disable, rotate or replace API Credentials where reasonably necessary to:
address a security risk;
prevent misuse;
implement a technical update;
protect the Service; or
comply with law.
12. Prohibited uses
The Customer shall not, and shall not permit another person to:
12.1 Reverse engineering
reverse engineer;
decompile;
disassemble;
decode;
translate;
reconstruct; or
otherwise attempt to derive
the Service’s source code, object code, algorithms, models, architecture, rules, weightings, thresholds, signal-generation methods, fingerprinting methods, data structures, underlying ideas or technical processes.
12.2 Reconstruction and competitive analysis
The Customer shall not use:
repeated API requests;
automated testing;
probing;
scraping;
controlled device variations;
statistical analysis;
payload comparison; or
another method
to recreate, infer, extract or approximate Prime AI’s technology, algorithms or signal-generation methods.
12.3 Competitive use
The Customer shall not use the Service, Output or Documentation to:
develop;
train;
validate;
benchmark;
improve;
operate; or
support
a product or service that competes with Prime AI’s persistent identification, device intelligence, browser intelligence or risk-signal technology.
12.4 Copying and modification
The Customer shall not:
copy the Service except where technically necessary for permitted use;
modify or adapt the Service;
create derivative works;
remove proprietary notices;
alter API responses to misrepresent their source; or
represent Prime AI technology as its own.
12.5 Resale and redistribution
The Customer shall not:
sell;
resell;
license;
sublicense;
distribute;
rent;
lease;
time-share;
white-label; or
commercially make available
the Service or raw Output to another person unless expressly authorised by Prime AI.
12.6 Benchmarking
The Customer shall not publish:
performance testing;
accuracy testing;
comparative analysis;
benchmark results; or
technical evaluations
concerning the Service without Prime AI’s prior written approval.
This does not prevent the Customer from conducting reasonable internal evaluation for its own purchasing and integration decisions.
12.7 Circumvention
The Customer shall not:
bypass access controls;
circumvent usage limits;
disable security controls;
defeat rate limits;
hide the origin of API Calls;
interfere with monitoring;
access an unauthorised endpoint; or
attempt to obtain a higher-tier feature without the required Plan.
12.8 Security testing
The Customer shall not conduct:
penetration testing;
vulnerability testing;
denial-of-service testing;
load testing;
security research; or
destructive testing
against the Service without Prime AI’s prior written approval.
12.9 Malicious activity
The Customer shall not use the Service in connection with:
malware;
phishing;
credential theft;
unauthorised access;
unlawful interception;
harassment;
stalking;
cyberattacks;
deceptive conduct; or
other harmful activity.
12.10 Unlawful surveillance
The Customer shall not use the Service for unlawful:
surveillance;
tracking;
profiling;
monitoring; or
identification.
12.11 Advertising and unrelated tracking
Unless expressly approved by Prime AI and implemented lawfully, the Customer shall not use the Service for:
targeted advertising;
cross-context behavioural advertising;
unrelated marketing profiling;
tracking individuals across unrelated services for advertising purposes; or
creating advertising profiles.
12.12 Sensitive inferences
The Customer shall not knowingly use the Service to infer:
racial or ethnic origin;
political opinions;
religious or philosophical beliefs;
trade-union membership;
genetic information;
health information;
sexual orientation;
sex life;
criminal history; or
another legally protected sensitive characteristic.
12.13 Regulated and significant decisions
Without Prime AI’s prior written approval, the Customer shall not use the Service as the sole or determinative basis for decisions concerning:
employment;
housing;
credit;
insurance;
healthcare;
education;
government benefits;
immigration;
law enforcement; or
another decision producing legal or similarly significant effects.
12.14 Children
The Customer shall not knowingly deploy the Service specifically to identify, profile or make decisions about children unless:
Prime AI has approved the use in writing;
the use is lawful;
appropriate safeguards have been implemented; and
all legally required notices, consents and assessments have been completed.
12.15 Restricted data
The Customer shall not submit through the API, unless expressly approved by Prime AI:
passwords;
authentication secrets;
complete payment-card details;
bank-account credentials;
government identification numbers;
Special Category Personal Data;
biometric data used for unique identification;
criminal-offence data; or
directly identifying children’s data.
12.16 Sanctions and export restrictions
The Customer shall not use or make the Service available in breach of:
sanctions;
export-control laws;
trade restrictions; or
other applicable legal prohibitions.
13. Customer legal and privacy responsibilities
13.1 Customer control
The Customer determines:
why the Service is deployed;
which End Users are evaluated;
the lawful basis for processing;
how long information is retained;
how Output is combined with other information;
what business rules and thresholds apply; and
what action is taken.
13.2 Privacy information
The Customer shall provide End Users with clear, accurate and legally sufficient information concerning its use of:
device intelligence;
persistent identifiers;
browser and device attributes;
network indicators;
risk signals; and
storage and access technologies.
13.3 Lawful basis
The Customer is responsible for identifying, documenting and maintaining a lawful basis for its processing.
13.4 Storage and access technologies
The Customer is responsible for determining whether its implementation:
stores information on an End User’s device;
accesses information from an End User’s device;
requires consent;
falls within a statutory exception; or
requires another notice, preference or objection mechanism.
13.5 Assessments
The Customer shall carry out any legally required:
legitimate interests assessment;
data protection impact assessment;
balancing test;
consent assessment;
records-of-processing update; or
prior consultation.
13.6 Customer decisions
The Customer is solely responsible for decisions made using Output, including whether to:
approve;
allow;
block;
restrict;
challenge;
rate-limit;
monitor;
investigate; or
manually review
an End User, account, session or transaction.
13.7 Human review
The Customer shall provide human review, explanations, reconsideration or appeal mechanisms where required by law or appropriate to the impact of the decision.
13.8 No conclusive treatment
The Customer shall not present a Prime AI identifier or risk signal as conclusive proof of:
a person’s identity;
fraud;
dishonesty;
criminal conduct;
account ownership;
malicious intent; or
breach of law or policy.
13.9 Combination with Customer records
Where the Customer combines Output with:
names;
email addresses;
accounts;
transactions;
payment information;
identity information;
return history; or
other records,
the Customer is responsible for that combination and resulting processing.
13.10 Compliance with law
The Customer shall use the Service in compliance with all laws applicable to:
its business;
industry;
End Users;
Customer Applications;
processing purposes; and
use of Output.
14. Nature of the Service and Customer decisions
14.1 Data and signal layer
The Service provides technical device and session intelligence.
It is not a complete fraud-management service or black-box fraud decision engine.
14.2 Customer-controlled logic
The Customer controls:
rules;
thresholds;
scoring;
workflows;
decision logic; and
operational responses.
14.3 Signal methods
Output may be generated using:
deterministic methods;
probabilistic methods;
heuristics;
statistical analysis;
pattern analysis;
technical observations; or
combinations of these methods.
14.4 Limitations of device intelligence
The Customer acknowledges that:
identifiers may change;
different devices may occasionally produce similar indicators;
one device may be used by multiple people;
one person may use multiple devices;
browsers and devices may change;
operating systems and privacy controls may restrict signals;
adversarial users may attempt to manipulate their environment;
false positives and false negatives may occur;
legitimate End Users may display elevated-risk indicators; and
malicious End Users may avoid detection.
14.5 Individual signals
A single signal, including:
VPN usage;
private browsing;
developer-tools activity;
timezone mismatch;
browser tampering; or
automation indicators,
does not necessarily establish suspicious or unlawful behaviour.
14.6 No guaranteed outcome
Prime AI does not guarantee that the Service will:
identify every returning device;
identify every fraudulent or abusive user;
prevent every loss;
detect every bot or automated environment;
detect every VPN;
prevent chargebacks;
prevent returns or refunds;
prevent account creation;
meet every Customer-specific requirement; or
produce a particular commercial outcome.
15. Customer Data and data protection
15.1 Customer Data ownership
As between the Parties, the Customer retains its rights in Customer Data.
15.2 Limited processing permission
The Customer grants Prime AI a limited, non-exclusive, worldwide and royalty-free right during the Subscription Term to:
receive;
host;
copy;
transmit;
analyse;
organise;
use; and
otherwise process
Customer Data only as necessary to:
provide the Service;
generate Output;
maintain and secure the Service;
provide support;
prevent misuse;
comply with the Agreement; and
comply with law.
15.3 Customer authority
The Customer confirms that it has all rights, notices, lawful bases, consents and authorisations required to make Customer Data available to Prime AI.
15.4 Data Processing Addendum
Where Prime AI processes Personal Data on behalf of the Customer, the DPA applies automatically and forms part of the Agreement.
15.5 Controller and Processor roles
Unless otherwise agreed:
the Customer acts as Controller of Customer Personal Data;
Prime AI acts as Processor when processing that data according to the Customer’s documented instructions; and
each Party acts as an independent Controller for business contact, billing, legal and security information processed for its own purposes.
15.6 Subprocessors
The Customer gives Prime AI general authorisation to use the Subprocessors identified on the Infrastructure Sub-processors page, subject to the DPA.
15.7 Security
Prime AI shall maintain appropriate technical and organisational measures designed to protect Customer Personal Data as described in the DPA.
15.8 Service Analytics
Prime AI may create and use Service Analytics to:
operate;
secure;
monitor;
analyse;
evaluate; and
improve
the Service, provided that Service Analytics does not directly identify an individual or disclose the Customer’s Confidential Information.
15.9 No sale of Customer Personal Data
Prime AI does not sell Customer Personal Data processed on behalf of the Customer or use it for unrelated advertising.
16. Intellectual property
16.1 Prime AI ownership
Prime AI and its licensors retain all rights, title and interest in and to:
the Service;
the API;
the scripts;
the Documentation;
the dashboard;
Output formats;
persistent-identification methods;
signal-generation methods;
algorithms;
models;
software;
source code;
object code;
databases;
rules;
thresholds;
architecture;
interfaces;
designs;
methodologies;
technical know-how;
improvements;
modifications;
derivative works; and
Service Analytics.
16.2 Licence only
The Service is licensed, not sold.
No Intellectual Property Rights are transferred to the Customer except for the limited use rights expressly granted in the Agreement.
16.3 Output use
The Customer may use Output internally for its approved business purposes during the Subscription Term.
The Customer does not acquire ownership of Prime AI’s methods or technology merely because those methods produce Output for the Customer.
16.4 Feedback
If the Customer provides:
suggestions;
enhancement requests;
recommendations;
corrections;
ideas; or
other feedback,
Prime AI may use that feedback without restriction or payment, provided that Prime AI does not disclose the Customer’s Confidential Information.
16.5 Third-party components
The Service may include third-party or open source components governed by their applicable licence terms.
Nothing in these Terms restricts rights granted directly under an applicable open-source licence.
16.6 Infringement concerns
If Prime AI reasonably believes that the Customer’s authorised use of the Service may infringe a third party’s Intellectual Property Rights, Prime AI may:
obtain the right for continued use;
modify the affected functionality;
replace it with substantially equivalent functionality; or
terminate the affected Service and refund prepaid Fees attributable to the unused affected period.
This section states the Customer’s exclusive contractual remedy for such a claim, except to the extent that liability cannot lawfully be limited.
17. Confidentiality
17.1 Confidential Information
“Confidential Information” means non-public information disclosed by or on behalf of one Party to the other that:
is marked confidential;
is described as confidential; or
would reasonably be understood to be confidential because of its nature or the circumstances of disclosure.
17.2 Prime AI Confidential Information
Prime AI’s Confidential Information includes:
API Credentials;
non-public Documentation;
technical architecture;
source code;
algorithms;
signal-generation methods;
security information;
vulnerability information;
non-public pricing; and
product roadmaps.
17.3 Customer Confidential Information
The Customer’s Confidential Information includes:
non-public Customer Data;
internal use cases;
security configurations;
technical integration details;
business plans; and
non-public commercial information.
17.4 Protection obligations
Each receiving Party shall:
protect the disclosing Party’s Confidential Information using reasonable care;
use it only for purposes connected with the Agreement;
disclose it only to persons who need it for those purposes; and
ensure those persons are subject to appropriate confidentiality obligations.
17.5 Exclusions
Confidential Information does not include information that the receiving Party can demonstrate:
is publicly available without breach of the Agreement;
was lawfully known without restriction before disclosure;
was lawfully received from a third party without confidentiality restrictions; or
was independently developed without use of the disclosing Party’s Confidential Information.
17.6 Required disclosure
A Party may disclose Confidential Information where required by:
law;
a court;
a regulator; or
another competent authority.
Where legally permitted, the receiving Party shall provide reasonable advance notice to the disclosing Party.
17.7 Duration
The confidentiality obligations continue for five years after termination.
Obligations concerning trade secrets, source code, API Credentials and security vulnerabilities continue for as long as the information remains confidential.
18. Service operation, availability and maintenance
18.1 Commercially reasonable efforts
Prime AI shall use commercially reasonable efforts to operate and maintain the production Service.
18.2 No self-service SLA
Unless expressly stated in the Order Confirmation, self service Plans do not include:
a guaranteed uptime percentage;
service credits;
guaranteed response times;
guaranteed resolution times;
dedicated support;
business continuity commitments; or
an enterprise service-level agreement.
18.3 Maintenance
Prime AI may carry out:
planned maintenance;
emergency maintenance;
security updates;
infrastructure changes;
compatibility updates; and
other work reasonably necessary to maintain the Service.
18.4 Notice of maintenance
Prime AI shall provide reasonable notice of planned maintenance where practicable.
Emergency maintenance may be carried out without advance notice.
18.5 Excluded events
Prime AI is not responsible for unavailability or reduced performance caused by:
the Customer’s systems or integration;
Customer misuse;
unsupported configurations;
internet or telecommunications failures;
third-party platforms;
hosting or infrastructure providers;
changes made by browser or operating-system providers;
external attacks;
force majeure events;
suspension under the Agreement; or
events outside Prime AI’s reasonable control.
18.6 Data backup
The Customer shall maintain appropriate copies of data, rules and records stored in its own systems.
The Service is not intended to be the Customer’s only system of record.
19. Support
19.1 Standard Support
Where a Paid Plan includes Standard Support, Prime AI shall provide reasonable email-based technical support concerning:
access to the Service;
API Credentials;
Documentation;
integration questions;
suspected errors; and
general operation.
19.2 Support channel
Support requests should be sent to:
[email protected] or through another support channel identified by Prime AI.
19.3 No guaranteed response time
Unless expressly stated in the Order Confirmation, support targets are not guaranteed response or resolution commitments.
19.4 Customer cooperation
The Customer shall provide information reasonably required to investigate a support request, including:
request identifiers;
timestamps;
relevant logs;
affected domains;
expected behaviour;
observed behaviour; and
reasonable reproduction details.
The Customer must not send unnecessary Personal Data, passwords or complete payment information in a support request.
19.5 Integration services
Custom integration, implementation, consultancy, professional services and development work are not included in a self-service Plan unless expressly stated.
Prime AI may offer such services under a separate quotation or agreement.
20. Third-party services and dependencies
20.1 Third-party services
The Customer may use the Service with:
hosting services;
e-commerce platforms;
payment systems;
risk platforms;
analytics systems;
Customer databases; and
other third-party products.
20.2 Customer responsibility
Prime AI is not responsible for third-party services selected or controlled by the Customer.
20.3 Interoperability changes
Third-party providers may change:
APIs;
browser policies;
privacy controls;
technical restrictions;
platform rules; or
functionality.
Prime AI does not guarantee permanent interoperability with every third-party product or browser environment.
20.4 Subprocessors
Prime AI may use hosting, infrastructure, security and other providers to deliver the Service in accordance with the DPA.
21. Suspension
21.1 Grounds for suspension
Prime AI may immediately suspend or restrict access where it reasonably believes that:
the Customer has breached the Agreement;
API Credentials have been compromised;
the Customer’s use creates a security risk;
the Customer’s use threatens Service availability;
the Customer is engaged in unlawful or prohibited activity;
payment is overdue or disputed;
usage materially exceeds applicable limits;
suspension is required by law or a competent authority;
Customer information is materially inaccurate; or
immediate action is necessary to protect Prime AI, customers, End Users or third parties.
21.2 Scope of suspension
Prime AI may suspend:
particular API Credentials;
a domain;
an endpoint;
a feature;
excessive API Calls;
an Account; or
the entire Service.
21.3 Notice
Where reasonably practicable, Prime AI shall notify the Customer of:
the reason for suspension;
any action required; and
the conditions for restoration.
Prime AI may withhold information where disclosure would create a security risk or breach law.
21.4 Restoration
Prime AI shall restore access after the relevant issue has been remedied to Prime AI’s reasonable satisfaction.
21.5 No liability for proper suspension
Prime AI is not liable for losses arising from a suspension reasonably imposed in accordance with the Agreement.
21.6 Fees during suspension
A suspension caused by the Customer’s breach, misuse, security failure or non-payment does not relieve the Customer of payment obligations.
22. Termination
22.1 Termination by cancellation
A monthly Paid Plan may be ended through cancellation under section 7.
22.2 Termination for material breach
Either Party may terminate the Agreement if the other Party:
commits a material breach; and
fails to remedy that breach within 20 Business Days after receiving written notice requiring remedy.
22.3 Immediate termination by Prime AI
Prime AI may terminate immediately if the Customer:
reverse engineers or attempts to recreate the Service;
unlawfully copies or redistributes Prime AI technology;
resells the Service without authorisation;
uses the Service for malicious or unlawful purposes;
materially compromises Service security;
repeatedly breaches the Agreement;
provides false identity or business information;
is subject to sanctions that prevent continued supply;
fails to pay an undisputed amount after reasonable notice; or
creates a risk that cannot reasonably be addressed through suspension.
22.4 Insolvency
Either Party may terminate immediately where the other Party:
becomes insolvent;
ceases business;
enters liquidation or administration;
has a receiver appointed;
makes an arrangement with creditors; or
becomes subject to an equivalent event,
except where termination is prohibited by applicable insolvency law.
22.5 Legal prohibition
Either Party may terminate an affected Service if continued performance becomes unlawful.
23. Consequences of termination
23.1 End of access
When the Agreement or subscription ends:
the Customer’s right to use the Service ends;
Prime AI may disable API Credentials;
the Customer shall stop making API Calls;
the Customer shall stop using non-public Documentation;
outstanding Fees become payable; and
each Party shall comply with its remaining data-protection obligations.
23.2 Customer systems
Termination does not require the Customer to delete Output lawfully retained in its own systems, provided that:
it remains protected;
it is retained lawfully;
it is not used to recreate or compete with the Service; and
continued retention complies with the Customer’s privacy obligations.
23.3 Customer Personal Data
Customer Personal Data shall be returned or deleted in accordance with the DPA.
23.4 Accrued rights
Termination does not affect rights or liabilities accrued before termination.
23.5 Surviving provisions
Provisions concerning:
Fees;
prohibited uses;
intellectual property;
confidentiality;
data protection;
indemnities;
liability;
consequences of termination;
governing law; and
dispute resolution
survive termination to the extent required by their nature.
24. Warranties
24.1 Authority
Each Party warrants that it has authority to enter into the Agreement.
24.2 Prime AI service warranty
During an active Paid Plan, Prime AI warrants that:
it shall provide the Service with reasonable skill and care; and
the Service shall materially conform to the applicable Documentation.
24.3 Remedy
If Prime AI materially breaches section 24.2, the Customer must notify Prime AI with reasonable details.
Prime AI’s first obligation is to use reasonable efforts to:
correct the non-conformity;
restore the affected Service; or
provide a reasonable workaround.
24.4 Unresolved material failure
If Prime AI cannot remedy a material and continuing non-conformity within a reasonable period, the Customer may terminate the affected Paid Plan and receive a proportionate refund of prepaid Fees attributable to the unused affected period.
24.5 Disclaimer
Except as expressly stated in the Agreement, and to the maximum extent permitted by law, the Service and Sandbox are provided without other warranties, conditions or guarantees, whether express, implied or statutory.
24.6 Excluded implied terms
To the maximum extent permitted by law, Prime AI excludes implied terms concerning:
satisfactory quality;
merchantability;
fitness for a particular purpose;
uninterrupted operation;
error-free operation;
accuracy;
completeness;
compatibility;
non-infringement; and
achievement of a particular outcome.
24.7 Customer responsibility
The Customer is responsible for determining whether the Service is appropriate for:
its technical environment;
its legal obligations;
its risk tolerance;
its use case; and
its intended decisions.
25. Customer indemnity
25.1 Indemnified matters
The Customer shall indemnify Prime AI, its Affiliates, officers, employees and contractors against third-party claims, damages, losses, penalties, costs and reasonable legal expenses arising from:
the Customer’s unlawful or unauthorised use of the Service;
the Customer’s breach of sections 12 or 13;
the Customer Application;
Customer Data supplied without appropriate rights or authority;
the Customer’s failure to provide required privacy information;
the Customer’s failure to obtain required consent or another legal basis;
a decision or action taken by the Customer using Output;
the Customer’s infringement of a third party’s rights;
unlawful surveillance, profiling or discrimination by the Customer; or
use of the Service by a person to whom the Customer improperly provided access.
25.2 Procedure
Prime AI shall:
give the Customer reasonably prompt notice of the claim;
allow the Customer to control the defence and settlement, subject to Prime AI’s reasonable interests; and
provide reasonable cooperation at the Customer’s cost.
25.3 Settlement restrictions
The Customer shall not settle a claim in a way that:
admits fault by Prime AI;
imposes liability on Prime AI;
requires Prime AI to take non-monetary action; or
restricts Prime AI’s business
without Prime AI’s prior written approval.
26. Limitation of liability
26.1 Liabilities not excluded
Nothing in the Agreement limits or excludes liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation;
wilful misconduct;
liability that cannot legally be limited or excluded; or
the Customer’s obligation to pay Fees properly due.
26.2 Excluded losses
Subject to section 26.1, neither Party is liable for:
loss of profit;
loss of revenue;
loss of anticipated savings;
loss of business;
loss of opportunity;
loss of goodwill;
loss of reputation;
loss or corruption of data, except reasonable restoration costs;
chargebacks;
fraudulent transactions;
refunds;
returns;
account abuse;
losses caused by End Users;
indirect loss;
consequential loss;
incidental loss;
special loss;
exemplary loss; or
punitive loss.
26.3 General liability cap
Subject to sections 26.1 and 26.4, each Party’s total aggregate contractual liability arising out of or relating to the Service shall not exceed the greater of:
£1,000; and
the Fees paid or payable by the Customer for the affected Service during the 12 months immediately preceding the event giving rise to liability.
26.4 Enhanced liability cap
Each Party’s aggregate contractual liability arising from:
breach of confidentiality;
breach of the DPA; or
infringement of the other Party’s Intellectual Property Rights
shall not exceed the greater of:
£5,000; and
twice the Fees paid or payable for the affected Service during the 12 months immediately preceding the event giving rise to liability.
26.5 Customer exclusions from caps
The caps in sections 26.3 and 26.4 do not apply to the Customer’s liability for:
unauthorised copying of Prime AI technology;
reverse engineering;
deliberate circumvention of technical restrictions;
unauthorised resale;
malicious use;
unlawful surveillance;
misuse of API Credentials; or
indemnity obligations under section 25 arising from deliberate or knowing misconduct.
26.6 Sandbox cap
Subject to section 26.1, Prime AI’s total aggregate liability arising from Sandbox access shall not exceed £1.
26.7 Basis of liability
The limitations in this section apply regardless of whether liability arises in:
contract;
tort;
negligence;
misrepresentation;
restitution;
breach of statutory duty; or
another legal theory.
26.8 Risk allocation
The Parties acknowledge that:
the Service is supplied at the Fees applicable to the selected Plan;
the Fees reflect the allocation of risk in the Agreement; and
the Customer may request separately negotiated enterprise terms if it requires higher liability limits, custom insurance commitments or enterprise risk allocation.
27. Force majeure
27.1 Events outside reasonable control
Neither Party is liable for delay or failure caused by an event beyond its reasonable control, including:
natural disaster;
war;
terrorism;
civil unrest;
industrial action;
epidemic;
pandemic;
power failure;
internet failure;
telecommunications failure;
cloud or data-centre outage;
cyberattack;
governmental action;
legal restriction; or
failure of a critical third-party supplier.
27.2 Mitigation
The affected Party shall take reasonable steps to mitigate the effect of the event.
27.3 Extended force majeure
If a force majure event materially prevents the Service for more than 60 consecutive days, either Party may terminate the affected Paid Plan.
Prime AI shall refund prepaid Fees attributable to the unused period following termination, except where the event was caused by the Customer.
28. Changes to the Service and Terms
28.1 Service updates
Prime AI may update the Service to:
improve functionality;
maintain compatibility;
address security risks;
comply with law;
improve performance;
introduce new signals; or
remove obsolete functionality.
28.2 Non-material changes
Prime AI may make non-material changes to these Terms at any time by publishing an updated version.
28.3 Material changes
Prime AI shall give at least 30 days’ notice of a material change that adversely affects an active Paid Plan, unless an earlier change is reasonably required by:
law;
a regulator;
security;
fraud prevention; or
an urgent technical requirement.
28.4 Customer right to cancel
If the Customer does not accept a materially adverse change, it may cancel the affected Paid Plan before the change takes effect.
28.5 Continued use
Continued use of the Service after the effective date of an updated version constitutes acceptance of the updated Terms.
28.6 Archived versions
Prime AI may retain archived versions of these Terms and records of the version accepted by each Customer.
29. Notices
29.1 Operational notices
Prime AI may send operational notices through:
email;
the Account;
the dashboard;
the Documentation;
the product page; or
another reasonable electronic method.
29.2 Customer contact details
The Customer is responsible for keeping its email addresses and contact information current.
29.3 Legal notices to Prime AI
Formal legal notices to Prime AI must be sent to: [email protected]
and should identify:
the Customer;
the relevant Account;
the subject of the notice; and
reasonable contact information.
29.4 Legal notices to the Customer
Prime AI may send formal legal notices to the email address associated with the Account or identified as the Customer’s legal, billing or administrative contact.
29.5 Receipt of email notices
An email notice is treated as received when sent, provided that the sender does not receive an automated delivery failure notification.
If sent outside normal UK business hours, it is treated as received at 9:00 a.m. on the next Business Day.
30. Assignment and subcontracting
30.1 Customer assignment
The Customer may not assign or transfer the Agreement without Prime AI’s prior written approval.
30.2 Prime AI assignment
Prime AI may assign or transfer the Agreement:
to an Affiliate;
as part of a merger;
as part of a corporate reorganisation;
in connection with financing;
in connection with a sale of business or assets; or
to a successor operating the Service.
30.3 Subcontracting
Prime AI may use:
Affiliates;
infrastructure providers;
hosting providers;
security providers;
support providers; and
other subcontractors
to perform the Service.
Prime AI remains responsible for its contractual obligations, subject to the Agreement.
30.4 Data-processing subcontractors
Subprocessors processing Customer Personal Data are governed by the DPA.
31. General provisions
31.1 Independent contractors
The Parties are independent contractors.
The Agreement does not create:
a partnership;
joint venture;
agency;
franchise;
fiduciary relationship; or
employment relationship.
31.2 No authority
Neither Party has authority to bind the other except where expressly authorised in writing.
31.3 No publicity right
Prime AI shall not use the Customer’s name or logo in public marketing materials without the Customer’s permission.
31.4 No waiver
Failure or delay in exercising a right does not waive that right.
A waiver is effective only if made in writing.
31.5 Severability
If a provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable.
If modification is not possible, the provision shall be removed and the remaining provisions shall continue in effect.
31.6 Third-party rights
A person who is not a Party has no right to enforce the Agreement under the Contracts (Rights of Third Parties) Act 1999.
31.7 Entire agreement
The Agreement constitutes the entire agreement between the Parties concerning the self-service Persistent Device ID and Risk Signals API.
It replaces previous discussions, proposals and representations concerning that Service.
31.8 Non-reliance
Each Party acknowledges that it has not relied on a statement not expressly included in the Agreement.
Nothing in this section limits liability for fraud or fraudulent misrepresentation.
31.9 Variation
Except for updates made under section 28, a variation is effective only if agreed in writing by authorised representatives of both Parties.
31.10 Language
The English language version of the Agreement controls.
Translations may be provided for convenience only.
31.11 Headings
Headings are for convenience and do not affect interpretation.
31.12 Including
References to “including” ou “includes” mean including without limitation.
31.13 Electronic records
Electronic records, acceptance logs, Order Confirmations and payment records may be used as evidence of the Agreement and the Customer’s acceptance.
32. Governing law and jurisdiction
32.1 Governing law
The Agreement and any non-contractual obligations arising from it are governed by the laws of England and Wales.
32.2 Jurisdiction
The courts of England and Wales have exclusive jurisdiction over disputes arising out of or relating to the Agreement.
32.3 Informal resolution
Before commencing court proceedings, each Party shall use reasonable efforts to resolve the dispute through good-faith discussions.
This section does not prevent either Party from seeking urgent injunctive or protective relief.
33. Contact details
Questions about the Service or these Terms may be sent to:
Prime AI Limited
Oakwood Lodge
Thornden Wood Road
Herne Bay
CT6 7NX
Reino Unido
Company number: 11599467
Support & Legal Notices: [email protected]
Customers may also contact Prime AI through the Contact Us page.