Terms of Service

Service Description

These Terms are an agreement between you and Second Stage Labs, Inc., a Delaware corporation ("Second Stage Labs", "we", "us"), governing your use of primitive (the "Service").

The Service is a developer infrastructure platform offering email handling, databases, automations, integrations, hosting, compute, and related developer infrastructure features. Not every feature is available to every account. Availability depends on your account, your plan, and our discretion. We may enable, restrict, or disable any feature for any account at any time, and access to any particular feature is not a right.

By signing up for or using the Service, you agree to these Terms. If you are using the Service on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms.

Beta

The Service is currently offered as a beta. Features, behavior, and availability may change, and we may introduce, modify, or remove functionality at any time without advance notice. The Service is provided without any service-level agreement, uptime commitment, or support commitment during the beta.

Eligibility and Accounts

You must be at least 18 years old to use the Service. You are responsible for keeping your account credentials and API keys secure, and for any activity that occurs under your account. Notify us promptly if you suspect an unauthorized use.

Domain Ownership

You may only configure the Service to receive mail for, or send mail from, domains you own or are authorized to use. You are responsible for the DNS configuration of those domains. We may verify ownership at any time and may suspend a domain if we cannot verify it or if we receive credible reports of misuse.

Acceptable Use

You agree not to use the Service to:

• Send unsolicited bulk or commercial email, spam, or any message in violation of CAN-SPAM, CASL, GDPR, or other applicable anti-spam or privacy laws
• Send phishing, fraudulent, or deceptive messages, or messages that impersonate a person or organization without authorization
• Attempt to send mail from, or attempt to receive mail at, a domain you do not own or are not authorized to use
• Distribute malware, viruses, or other harmful code
• Receive, process, or send content that is illegal, infringing, harassing, or otherwise harmful
• Violate any applicable law or regulation, or any third-party right
• Interfere with or disrupt the Service, including by exceeding documented rate limits, probing for vulnerabilities, or attempting to access data that is not yours
• Resell or repackage the Service without our prior written consent

We may throttle, suspend, or terminate access to any feature if your use of it puts our infrastructure or other customers at risk.

API and Rate Limits

We may apply rate limits, payload size limits, and other technical limits to the API. Current limits are documented in the developer docs and may change as the Service evolves. You are responsible for handling errors, retries, and backoff in your integrations.

Your Content

Content you submit to or process through the Service ("Your Content") belongs to you. You grant us a limited license to host, transmit, store, and process Your Content solely as needed to operate the Service for you. Our handling of Your Content is governed by our Privacy Policy.

You are responsible for ensuring that you have the rights and any required consents to send, receive, and process the content that flows through your account.

Our Intellectual Property

The Service, including its software, design, documentation, and the "primitive" and "Second Stage Labs" names and marks, is owned by Second Stage Labs, Inc. and protected by applicable intellectual property laws. These Terms do not grant you any rights in our intellectual property except as needed to use the Service.

Trademarks

"primitive" is a trademark of Second Stage Labs, Inc., used publicly and continuously in connection with developer tooling and hosted infrastructure since December 2025. We claim common-law rights in the mark under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and applicable state law, which protect unregistered marks against confusing or misleading uses.

These Terms grant you no license to use "primitive," the primitive logo, or any confusingly similar mark. Unauthorized use may be met with injunctive relief, damages, an accounting of profits, and, where the law permits, attorneys' fees and enhanced damages for willful infringement. For permission to reference primitive in a public communication, contact [email protected].

Third-Party Integrations

The Service may let you connect or use third-party services. Your use of any third-party service is governed by that party's terms and privacy policy. We are not responsible for third-party services, and our liability for any issue involving a third-party service is subject to the Limitation of Liability below.

Service Availability

We do not guarantee uninterrupted operation. We are not liable for delays, failures, or other issues outside our reasonable control. Critical applications should implement appropriate retries and redundancy.

Fees and Billing

Paid plans are billed through our payment processor according to the pricing in effect when you subscribe. Fees are non-refundable except where required by law. We may change pricing with reasonable notice.

Suspension and Termination

We may suspend or terminate your access to the Service if you violate these Terms, if your usage poses a risk to our infrastructure or to other customers, or if we are required to do so by law. We may also suspend or terminate your access at any time, with or without cause and with or without notice. You may stop using the Service and close your account at any time. On termination, the Privacy Policy describes how your data is handled.

Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. To the maximum extent permitted by law, our total liability arising out of or related to the Service is limited to the lesser of $100 or the amount you paid us for the Service in the twelve months preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or business interruption.

Indemnification

You agree to defend, indemnify, and hold harmless Second Stage Labs, Inc. and its officers, directors, employees, and agents against any claims, damages, or expenses arising from your use of the Service in violation of these Terms, from Your Content, or from your violation of any law or third-party right.

Survival

The sections titled Your Content, Our Intellectual Property, Limitation of Liability, Indemnification, and Governing Law, and any other provisions that by their nature should survive, will survive termination of these Terms or your account.

Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date. Material changes will be highlighted in the dashboard or sent by email. Continued use of the Service after a change constitutes acceptance of the updated Terms.

Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules. The state and federal courts located in San Francisco County, California have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.

Contact

Questions about these Terms? Email us at [email protected].