These Terms of Use, together with the Privacy Policy and any other policies referenced here (collectively, the Platform Documents), govern your access to and use of the Prim platform, including all websites, web portals, mobile applications, software, APIs, integrations, and related services offered by Niwiai Private Limited (Prim, we, us, our, the Company).

By accessing or using Prim, or by creating an account, you agree to be bound by these Terms of Use. If you do not agree, do not use Prim.

Definitions

a. Account means the user account created by you on Prim.
b. Content means all information displayed or made available on Prim, including text, graphics, software, interfaces, and documentation, excluding Your Content.
c. Services means any product, service, API, tool, module, add-on, feature, integration, or functionality provided by Prim, whether paid or free, including subscription services and one-time purchase offerings.
d. Subscription Services means paid Services made available on a subscription basis.
e. Your Content means any content, data, information, text, files, images, or other material you upload, submit, transmit, or otherwise make available through Prim, including client data and diet plans.
f. Client means any end user, patient, customer, or individual whose data is processed by you through Prim.

Who we are

Niwiai Private Limited (operating as Prim)
Registered office: C-113, Sector-39, Noida, Uttar Pradesh 201303, India
Grievance Officer: Chaitanya Puri
 Address: C-113, Sector-39, Noida, Uttar Pradesh 201303
 Email: connect@primhub.ai
 Phone: +91 97170 29621

Scope and eligibility

a. Prim is designed for use by Dietitians, Nutritionists, Wellness Professionals, Doctors, Hospitals, Nutrition Students, Providers, Start-ups, Enterprises and associated authorized staff members who use Prim as part of a professional practice or an ancillary offering.
b. You represent that you are legally competent to contract under applicable law and that you will use Prim only for lawful purposes.
c. You are solely responsible for complying with all professional, clinical, advertising, consumer, tax, and other legal and regulatory requirements applicable to your practice and business.

Changes to Terms

a. We may update these Terms of Use from time to time. The updated version will be posted on our platform.
b. Your continued use of Prim after changes take effect constitutes acceptance of the updated Terms.

Account registration and security

a. Certain features require Account creation. You agree to provide accurate information and keep it updated.
b. You are responsible for maintaining confidentiality of your login credentials and for all activity under your Account.
c. You must immediately notify us at connect@primhub.ai of any suspected unauthorized access or compromise.

Engagement terms and acceptable use

a. You must not interfere with, disrupt, damage, or attempt to gain unauthorized access to Prim, its systems, or networks.
b. You must not use Prim for unlawful, misleading, fraudulent, or harmful activity, including deceptive marketing, impersonation, or misrepresentation.
c. You must not upload or transmit malware, spam, or any content that violates law or third-party rights.
d. We may suspend or terminate access if we reasonably believe your use violates these Terms, applicable law, or threatens Prim or others.

Professional responsibility and no medical advice

a. Prim is a software and automation platform. Prim does not provide medical advice, diagnosis, or treatment.
b. Any outputs, templates, suggestions, calculations, or recommendations generated by Prim are provided for informational and workflow support purposes only.
c. You are solely responsible for professional judgment, review, validation, suitability, and compliance of all outputs before using them with any Client/Patient.
d. You will not represent Prim outputs as medical advice or as a substitute for professional consultation where required.

AI-assisted features and beta features

a. Certain features may be beta, preview, early access, or similar. These are provided as-is, may be less reliable, and may be modified or removed at any time.
b. AI-assisted outputs depend on inputs and system logic and may be incomplete, inaccurate, or inappropriate in a given context. You accept the risks associated with use of such outputs and remain solely responsible for review and final decisions.

Payment terms, taxes, renewals

a. Pricing, plan features, limits, and fees are as displayed at the time of purchase or as agreed in writing.
b. We may change fees for Subscription Services with advance notice, unless prohibited by law or contract.
c. Subscription renewals, billing cycles, invoicing, and payment methods will be as per the checkout flow or plan details applicable to your purchase.
d. You authorize us or our payment processors to charge applicable fees and taxes. We may collect or deduct taxes such as GST and may deduct TDS or similar taxes where required by law. You agree to provide details such as PAN where required.
e. If payment fails or is overdue, we may suspend access, downgrade your plan, or terminate Services.

Refunds

a. Refunds, if any, are governed by our refunds policy as published on our website and by applicable law.
b. Except as required under applicable law or expressly stated in writing by us, fees paid are non-refundable.

Subscription and one-time purchase, including lifetime purchase

a. If you purchase access to any product, service, API, tool, module, add-on, or feature from the Company on a subscription basis or as a one-time purchase (including any plan described as a lifetime purchase), your right to access and enjoy such product is available only for so long as the Company continues to make that product available for access and use in its sole discretion.
b. For clarity, the term lifetime refers to the lifetime of the product availability by the Company and does not refer to the lifetime of any individual under any interpretation.
c. The Company may, at any time and in its sole discretion, modify, replace, rebrand, suspend, discontinue, or stop making available any product, service, API, tool, module, add-on, feature, integration, or any part thereof, and may also choose to restrict availability of any such item to you.
d. Unless required under applicable law, you agree that you will not be entitled to any refund, cashback, credit, or other compensation arising from or related to any such modification, suspension, discontinuation, or restriction of availability, including for any unused subscription period or any one-time payment.

Availability, maintenance, and support

a. Prim may be unavailable from time to time due to planned maintenance, upgrades, emergency fixes, or third-party dependencies.
b. We do not guarantee uninterrupted availability, specific uptime, or error free operation.
c. Support channels, response times, and service levels may vary by plan and may be modified.

API terms, limits, fair use, and restrictions

a. If Services include APIs, we may impose and modify rate limits, quotas, concurrency limits, and fair use restrictions at any time.
b. We may throttle, suspend, or terminate API access if we reasonably believe usage is abnormal, abusive, insecure, violates law, breaches these Terms, or risks platform stability.
c. You must not attempt to circumvent limits, scrape, benchmark, reverse engineer, or use the APIs to build competing or substantially similar products.
d. You are responsible for securing your API keys and credentials and for all actions taken using them.

Your Content, client data, and data roles

a. You retain ownership of Your Content, subject to the licenses granted below.
b. You grant the Company a limited, non-exclusive, worldwide license to host, process, transmit, display, reproduce, and otherwise use Your Content solely to operate, maintain, secure, provide, and improve Prim, and to provide support.
c. You represent and warrant that you have all rights, consents, and permissions necessary to upload and process Your Content and Client data through Prim.
d. You are responsible for providing notices and obtaining consents, and for handling rights requests of Clients as required under applicable law.
e. You will implement appropriate technical and organizational measures on your side, including access controls, least privilege, staff training, and device security.
f. Security incidents: you will promptly notify us if you suspect your Account or credentials are compromised. We may take reasonable steps to protect the platform and data, including credential resets and temporary suspension.

Prohibited content

You must not upload, store, transmit, or share content that:
a. is unlawful, harmful, harassing, defamatory, obscene, or invasive of privacy
b. infringes intellectual property or other rights
c. contains malware, exploits, or harmful code
d. includes sensitive personal data unless necessary for your legitimate purposes and processed in compliance with law and professional obligations

Intellectual property and ownership

a. Prim and all related intellectual property, including trademarks, software, interfaces, and Content, are owned by the Company.
b. Subject to your compliance with these Terms, we grant you a revocable, personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services for your internal professional use.
c. Except for the limited license above, no rights are granted by implication or otherwise.
d. You must not copy, modify, distribute, sell, lease, decompile, reverse engineer, or create derivative works of Prim except to the extent permitted by applicable law.

Feedback

If you provide feedback, suggestions, or ideas, you grant the Company the right to use them without restriction or obligation, including for product improvement.

Third-party links, tools, and payment providers

a. Prim may include links or integrations with third-party services. We do not control and are not responsible for third-party content, policies, or practices.
b. Payments may be processed by third-party payment providers and are subject to their terms. We are not responsible for disputes between you and such providers.

Data export, retention, and deletion

a. Upon termination or expiry of your Services, we may provide a limited period for you to export Your Content, as described in our policies or plan terms.
b. After that period, we may delete Your Content, unless retention is required by law or for legitimate business purposes such as dispute resolution, fraud prevention, or security logs.
c. Exports may be provided in Company supported formats and may exclude certain derived analytics, system logs, or proprietary templates.

Termination and suspension

a. You may stop using Prim and request account deactivation by contacting connect@primhub.ai, subject to any outstanding payment obligations.
b. We may suspend or terminate your access immediately if we reasonably believe you have violated these Terms, applicable law, or pose a risk to Prim, Clients/Patients, or others and/or have unpaid dues towards Prim.
c. Upon termination, all licenses granted to you terminate immediately.

Disclaimer of warranties

a. Prim is provided on an as-is and as-available basis.
b. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and availability.
c. We do not warrant that in the outputs generated, no fault could be found out and that you hereby agree that outputs to a certain degree are subjective.

Limitation of liability

a. To the maximum extent permitted by law, the Company will not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or business interruption.
b. To the maximum extent permitted by law, our aggregate liability arising out of or related to the Services will not exceed the total amount paid by you to the Company for the applicable Services in the three months preceding the event giving rise to the claim, or INR 10,000, whichever is lower, unless a different cap is required by law or agreed in writing.

Indemnity

You agree to indemnify and hold harmless the Company, its directors, officers, employees, and affiliates from and against any claims, losses, liabilities, damages, and expenses arising from:
a. your breach of these Terms
b. your use of Prim in a manner that violates law or professional obligations
c. your content, your interactions with Clients, or claims by Clients related to your services
d. infringement or misuse of third-party rights by you

Events beyond our control

We are not responsible for delay or failure to perform due to events beyond our reasonable control, including acts of God, natural disasters, government actions, internet outages, cyber incidents, and third-party service failures.

Dispute resolution, arbitration, and jurisdiction

a. If you have a dispute, you agree to first contact the Grievance Officer at connect@primhub.ai and attempt good-faith resolution.
b. If not resolved within 30 days, disputes will be referred to arbitration under the Arbitration and Conciliation Act, 1996.
c. Seat and venue of arbitration: Noida, Uttar Pradesh. Language: English. The tribunal will consist of a sole arbitrator appointed by the Company, subject to applicable law.
d. Courts at Noida, Uttar Pradesh will have jurisdiction for interim relief and for enforcement of the arbitral award.

Applicable law

These Terms are governed by the laws of India, without regard to conflict of laws principles.

Contact

For questions about these Terms, contact: connect@primhub.ai