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Terms of Service

Last updated: March 7, 2026

Effective Date: March 7, 2026 Last Updated: March 7, 2026 Version: 1.0


Table of Contents

  1. Acceptance of Terms
  2. Eligibility and Age Verification
  3. Account Registration and Security
  4. Platform Description
  5. User Conduct and Community Standards
  6. Prohibited Content and Activities
  7. FOSTA-SESTA Compliance
  8. Marketplace Terms
  9. Virtual Gifting System
  10. Payment Terms and Subscriptions
  11. Content Ownership and Licensing
  12. Photo Sharing and Media Guidelines
  13. DMCA and Copyright Policy
  14. Privacy and Data Handling
  15. Anti-Scam, Anti-Bot, and Verification Policy
  16. Safety -- In-Person Meetups
  17. Dispute Resolution
  18. Account Suspension and Termination
  19. Limitation of Liability
  20. Indemnification
  21. Disclaimers
  22. Governing Law and Jurisdiction
  23. Arbitration Agreement and Class Action Waiver
  24. State-Specific Provisions
  25. Changes to Terms
  26. Severability
  27. Contact Information

1. Acceptance of Terms

By accessing, browsing, or using the Primal platform ("Platform," "Service," "we," "us," or "our"), including any associated websites, mobile applications, APIs, and services, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our Community Guidelines, all of which are incorporated herein by reference.

If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Platform. Your continued use of the Platform after any modifications to these Terms constitutes acceptance of those modifications.

These Terms constitute a legally binding agreement between you and Primal Digital LLC ("Company"), a Texas limited liability company.


2. Eligibility and Age Verification

2.1 Minimum Age Requirement

You must be at least eighteen (18) years of age to create an account, access, or use any feature of the Platform. This is a strict, non-negotiable requirement. The Platform is designed exclusively for consenting adults.

2.2 Age Verification Process

All users must complete age verification during registration. Primal employs a tiered verification system:

  • Tier 1 -- Basic Verification (All Users): Self-attestation of age (18+), email verification, and phone number verification.
  • Tier 2 -- Identity Verification (Sellers, Premium Members, Verified Badges): Government-issued photo identification (passport, driver's license, or national ID card) verified through our third-party identity verification partner. Your ID will be processed securely and will not be visible to other users.
  • Tier 3 -- Enhanced Verification (High-Volume Sellers): Additional identity confirmation including address verification and, where required by law, tax identification information.

2.3 Ongoing Verification

We reserve the right to re-verify your age and identity at any time. Failure to complete re-verification within seven (7) days of a request will result in account suspension.

2.4 Jurisdictional Age Requirements

In jurisdictions where the age of majority is higher than eighteen (18), you must meet that jurisdiction's age of majority to use the Platform. You are solely responsible for ensuring compliance with your local laws.

2.5 Minors -- Zero Tolerance

Any attempt to use the Platform by a person under eighteen (18) years of age will result in immediate and permanent account termination. We cooperate fully with law enforcement regarding any suspected involvement of minors. If you become aware of any minor accessing the Platform, report it immediately to safety@primal.app.


3. Account Registration and Security

3.1 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. Providing false or misleading information is grounds for immediate termination.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. You agree to:

  • Use a strong, unique password not used on other platforms;
  • Enable two-factor authentication (strongly recommended);
  • Immediately notify us of any unauthorized use of your account;
  • Not share, sell, transfer, or lease your account to any other person.

3.3 One Account Per Person

Each individual may maintain only one (1) active account. Duplicate accounts will be terminated. Business accounts for authorized marketplace sellers may be approved on a case-by-case basis.

3.4 Account Responsibility

You are responsible for all activities that occur under your account, whether or not you authorized them. Primal will not be liable for any loss or damage arising from your failure to secure your account.


4. Platform Description

4.1 What Primal Is

Primal is an adult lifestyle platform that provides:

  • Dating and Matchmaking: Connecting consenting adults for romantic relationships, including sugar dating (mentorship-based relationships involving generosity);
  • Kink and Fetish Community: A safe space for adults to explore, discuss, and connect over shared kinks and fetishes;
  • Personal Items Marketplace: A peer-to-peer marketplace for the sale of personal clothing and accessories (such as worn socks, shoes, undergarments, and similar items);
  • Virtual Gifting: A system for users to send and receive virtual gifts that may be redeemed for monetary value;
  • Social Features: Photo sharing, messaging, likes, comments, and community engagement tools.

4.2 What Primal Is NOT

Primal is expressly NOT:

  • An escort service or platform for soliciting or facilitating sexual services in exchange for money or anything of value;
  • A platform for prostitution, sex trafficking, or any form of sexual exploitation;
  • A pornography distribution platform (while tasteful adult content is permitted within guidelines, the Platform is not designed as a pornographic content marketplace);
  • A platform for illegal activity of any kind.

4.3 Relationship Between Users

Primal is a technology platform that facilitates connections between users. We are not a party to any arrangement, relationship, transaction, or agreement between users. All interactions between users are at their own risk and discretion.


5. User Conduct and Community Standards

5.1 Consent-First Culture

Primal is built on a foundation of enthusiastic consent. All interactions on the Platform must be consensual. This means:

  • Respecting stated boundaries immediately and without argument;
  • Accepting "no" as a complete sentence;
  • Not pressuring, coercing, or manipulating other users;
  • Obtaining clear consent before sending explicit content;
  • Understanding that consent can be withdrawn at any time.

5.2 Respectful Interaction

Users must treat all other users with dignity and respect. You agree to:

  • Communicate honestly and respectfully;
  • Respect others' identities, orientations, preferences, and boundaries;
  • Not engage in harassment, bullying, threats, intimidation, or hate speech;
  • Not discriminate against other users based on race, ethnicity, religion, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic;
  • Not stalk, doxx, or surveil other users on or off the Platform.

5.3 Messaging Etiquette

  • Do not send unsolicited explicit content unless the recipient has opted in to receive such content in their profile settings;
  • Do not spam, send chain messages, or send bulk unsolicited messages;
  • Do not use the messaging system for commercial solicitation outside the Marketplace;
  • Respect response times; repeated messaging after no response is considered harassment.

5.4 Community Participation

Users who participate in community forums, groups, or events agree to follow all posted rules for those spaces in addition to these Terms.


6. Prohibited Content and Activities

6.1 Strictly Prohibited Content

The following content is strictly prohibited on Primal and will result in immediate account termination and, where appropriate, reporting to law enforcement:

a) Child Sexual Abuse Material (CSAM): Any content depicting or suggesting the sexual exploitation of minors. Zero tolerance. Reported to NCMEC and law enforcement.

b) Non-Consensual Content: Any intimate imagery, video, or audio of a person shared without their explicit consent ("revenge porn"), including deepfakes or AI-generated non-consensual intimate imagery.

c) Sex Trafficking Content: Any content that facilitates, promotes, or solicits human trafficking or sexual exploitation.

d) Solicitation of Sexual Services: Any content that explicitly offers or solicits sexual acts in exchange for money, gifts, or anything of value. This includes escort services, "pay for play" arrangements, and any transactional exchange where sex is the stated quid pro quo.

e) Bestiality, Necrophilia, and Extreme Content: Content depicting sexual acts involving animals, deceased persons, or content depicting extreme violence, torture, or mutilation.

f) Illegal Drug Content: Content promoting, selling, or facilitating the sale or use of controlled substances.

g) Content Depicting Real Violence: Content showing real acts of violence, assault, or abuse.

h) Content Promoting Self-Harm: Content that promotes, encourages, or provides instruction for self-harm or suicide.

6.2 Prohibited Activities

The following activities are prohibited:

a) Using the Platform to facilitate, promote, or engage in prostitution or escort services;

b) Soliciting or offering money explicitly in exchange for sexual acts;

c) Creating fake profiles or impersonating another person;

d) Engaging in fraud, scams, phishing, or financial exploitation;

e) Attempting to circumvent age verification or identity verification systems;

f) Collecting, harvesting, or scraping user data without authorization;

g) Reverse engineering, decompiling, or disassembling any part of the Platform;

h) Using bots, automated scripts, or artificial means to interact with the Platform;

i) Attempting to gain unauthorized access to other users' accounts or Platform systems;

j) Transmitting malware, viruses, or other harmful code;

k) Interfering with or disrupting the Platform's infrastructure;

l) Using the Platform for money laundering or terrorist financing;

m) Engaging in extortion, blackmail, or threatening to expose another user's private information;

n) Circumventing or manipulating the Platform's payment systems;

o) Engaging in price manipulation, shill bidding, or fraudulent marketplace activity.

6.3 Reporting Prohibited Content

Users are encouraged to report prohibited content using the Platform's reporting tools. Reports are reviewed within twenty-four (24) hours for standard reports and immediately for reports involving minors, trafficking, or imminent danger.


7. FOSTA-SESTA Compliance

7.1 Commitment to Compliance

Primal is fully committed to compliance with the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA, Public Law 115-164) and the Stop Enabling Sex Traffickers Act (SESTA), which amend Section 230 of the Communications Decency Act (47 U.S.C. Section 230).

7.2 Zero Tolerance for Sex Trafficking

Primal maintains a zero-tolerance policy toward sex trafficking and the use of our Platform to facilitate sex trafficking. We actively monitor for and remove content that promotes or facilitates sex trafficking, and we cooperate fully with law enforcement agencies and the National Center for Missing & Exploited Children (NCMEC).

7.3 Proactive Measures

To comply with FOSTA-SESTA, Primal implements:

  • Automated content scanning using machine learning models trained to detect trafficking-related language and patterns;
  • Human content moderation review for flagged content;
  • Mandatory age and identity verification for sellers and premium members;
  • Keyword and phrase filtering targeting known trafficking terminology;
  • Regular audits of Platform content and user activity;
  • Staff training on identifying signs of trafficking;
  • A dedicated reporting pathway for suspected trafficking (trafficking@primal.app);
  • Cooperation with organizations such as NCMEC, Thorn, and Polaris Project.

7.4 User Obligations

Users agree that they will not use the Platform to promote, facilitate, or engage in any form of sex trafficking or sexual exploitation. Users who become aware of any such activity must report it immediately. Failure to report known trafficking activity may result in account termination.

7.5 Distinction: Lifestyle Dating vs. Prohibited Activity

Primal facilitates lifestyle dating, which involves consenting adults forming relationships that may include generosity, mentorship, and companionship. This is fundamentally different from prostitution or sex trafficking. The key distinctions are:

  • Consent: All Primal relationships are between consenting adults who freely choose to interact;
  • No Quid Pro Quo for Sex: Generosity on Primal is not conditioned on the performance of sexual acts;
  • Relationship, Not Transaction: Primal facilitates the formation of genuine relationships, not transactional sexual encounters.

Users whose conduct blurs these distinctions or who use the Platform for transactional sex will be removed.


8. Marketplace Terms

8.1 Marketplace Overview

The Primal Marketplace allows verified sellers to list and sell personal items to buyers on the Platform. The Marketplace operates as a peer-to-peer platform; Primal is not a party to any transaction.

8.2 Seller Requirements

To sell items on the Marketplace, you must:

  • Complete Tier 2 Identity Verification (government ID);
  • Be at least eighteen (18) years of age;
  • Provide valid tax identification information if you exceed IRS reporting thresholds ($600 in annual sales, or as otherwise required by law);
  • Agree to the Marketplace Seller Agreement (incorporated herein);
  • Maintain a seller rating of 3.0 or above (on a 5.0 scale).

8.3 Permitted Items

The following categories of items may be listed for sale:

  • Worn/used undergarments (underwear, panties, boxers, bras);
  • Worn/used socks and hosiery;
  • Worn/used shoes and footwear;
  • Worn/used clothing (shirts, shorts, gym wear, sleepwear);
  • Personal accessories (jewelry, hair accessories, wristbands);
  • Handwritten letters, notes, or personalized items;
  • Custom audio messages or voice notes (non-explicit);
  • Digital content (photos, videos) in compliance with content guidelines;
  • Other personal items as approved by Primal moderation.

8.4 Prohibited Items

The following items may NOT be listed for sale:

a) Biohazardous materials: Items containing or saturated with blood, feces, urine (beyond incidental residue), vomit, or other materials classified as biohazardous under OSHA standards (29 CFR 1910.1030);

b) Used sex toys or sexual devices (for sanitary and liability reasons);

c) Illegal drugs or controlled substances of any kind;

d) Prescription medications or medical devices;

e) Weapons, ammunition, or explosives;

f) Counterfeit goods or items bearing unauthorized trademarks;

g) Stolen property;

h) Items belonging to someone other than the seller (all items must be the seller's own property);

i) Items depicting or associated with minors;

j) Animals or animal products not otherwise legal to sell;

k) Food or consumable items;

l) Any item whose sale would violate federal, state, or local law.

8.5 Listing Requirements

All listings must include:

  • Accurate description of the item;
  • Clear, honest photographs of the actual item being sold;
  • Accurate pricing in USD;
  • Shipping method and estimated delivery timeframe;
  • Return/exchange policy (sellers may set their own, but must disclose it clearly).

8.6 Pricing and Fees

  • Sellers set their own prices;
  • Primal charges a platform fee of [X]% on each completed transaction;
  • Payment processing fees of approximately 2.9% + $0.30 per transaction apply;
  • All fees are deducted from seller proceeds before payout.

8.7 Shipping and Delivery

  • Sellers are responsible for packaging and shipping items;
  • Items must be shipped within three (3) business days of payment confirmation unless a longer timeframe is stated in the listing;
  • Sellers must provide valid tracking information;
  • Primal is not responsible for items lost, damaged, or delayed in transit;
  • Sellers must comply with USPS, UPS, FedEx, and all applicable carrier regulations regarding permissible shipment contents.

8.8 Buyer Protections

  • Buyers may open a dispute within seven (7) days of delivery (or fourteen (14) days after purchase if no delivery);
  • Primal holds funds in escrow for forty-eight (48) hours after delivery confirmation before releasing to seller;
  • Buyers may request a full refund if an item is not received, significantly not as described, or if the seller fails to ship within the stated timeframe;
  • Chargebacks initiated outside the Primal dispute process may result in buyer account suspension.

8.9 Seller Protections

  • Sellers are protected from fraudulent buyer claims through our dispute resolution process;
  • Tracking information serves as proof of shipment;
  • Sellers may block specific buyers from purchasing their items;
  • Primal will not reverse payments when tracking confirms delivery unless the item is verified to be materially different from the listing.

8.10 Tax Obligations

Sellers are solely responsible for reporting and paying all applicable taxes on their Marketplace income. Primal will issue IRS Form 1099-K to sellers who meet the applicable reporting threshold. Primal does not provide tax advice; consult a qualified tax professional.


9. Virtual Gifting System

9.1 Overview

Primal's virtual gifting system allows users to send virtual gifts ("Gifts") to other users as a form of appreciation, generosity, or affection. Gifts are purchased with real currency and may be redeemed by recipients for monetary value.

9.2 Purchasing Gifts

  • Gifts are purchased using the Platform's virtual currency ("Primal Gems" or "Gems");
  • Gems are purchased with real currency at posted exchange rates;
  • All Gem purchases are final and non-refundable except as required by law;
  • Minimum purchase amount: $4.99; maximum single purchase: $500.00.

9.3 Sending and Receiving Gifts

  • Gifts sent to another user are irrevocable once delivered;
  • The sender acknowledges that Gifts are voluntary expressions of generosity and are NOT payment for services, sexual or otherwise;
  • Recipients may accept or decline Gifts;
  • Sending Gifts does not entitle the sender to any response, interaction, or reciprocation.

9.4 Redeeming Gifts (Cash Out)

  • Recipients may redeem accumulated Gems for monetary value;
  • Minimum cashout threshold: $20.00 equivalent in Gems;
  • Primal retains a [X]% platform fee on cashouts;
  • Cashouts are processed via direct deposit (ACH), PayPal, or other supported methods;
  • Processing time: five to seven (5-7) business days;
  • Recipients are responsible for all applicable taxes on redeemed amounts.

9.5 Anti-Abuse

  • Primal monitors gifting patterns for signs of coercion, manipulation, or quid-pro-quo arrangements;
  • Users who condition Gifts on sexual acts or explicit content will be terminated;
  • Excessive or suspicious gifting activity may trigger review and temporary holds.

10. Payment Terms and Subscriptions

10.1 Subscription Plans

Primal offers the following subscription tiers:

  • Free Tier: Basic profile, limited swipes, limited messaging;
  • Primal Premium: Enhanced features including unlimited messaging, advanced filters, priority matching, read receipts, and profile boost;
  • Primal Elite: All Premium features plus marketplace seller tools, enhanced verification badge, analytics, and priority support.

Specific pricing is listed on the Platform and may change with thirty (30) days' notice.

10.2 Billing

  • Subscriptions are billed in advance on a monthly, quarterly, or annual basis;
  • Payment is processed through our third-party payment processor;
  • You authorize recurring charges to your selected payment method;
  • Failed payments may result in service interruption after a five (5) day grace period.

10.3 Refund Policy

  • Subscriptions: You may cancel at any time. You will retain access through the end of your current billing period. No partial refunds for unused time, except as required by applicable law (see Section 24 for state-specific refund rights).
  • Gem Purchases: All Gem purchases are final. Unused Gems do not expire but are non-transferable and non-refundable.
  • Marketplace Transactions: Refunds are governed by Section 8.8 (Buyer Protections).
  • Unauthorized Charges: If you believe a charge is unauthorized, contact billing@primal.app within sixty (60) days.

10.4 Free Trials and Promotions

  • Free trials automatically convert to paid subscriptions unless cancelled before the trial period ends;
  • Promotional pricing is available to new subscribers only unless otherwise stated;
  • Promo codes are single-use, non-transferable, and subject to specific terms disclosed at the time of the promotion.

10.5 Payment Processing

Due to the adult nature of certain Platform features, payment processing may be handled by specialized processors (such as CCBill, Segpay, or similar providers) in addition to or instead of general-purpose processors. By using the Platform, you consent to your payment being processed by whichever processor handles the specific transaction type.


11. Content Ownership and Licensing

11.1 Your Content

You retain full ownership of all content you upload, post, or share on the Platform ("User Content"), including photographs, text, audio, and video. Primal does not claim ownership of your content.

11.2 License to Obsidian

By uploading User Content, you grant Primal a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform your User Content solely for the purposes of:

  • Operating and maintaining the Platform;
  • Displaying your content to other users as intended by your privacy settings;
  • Promoting the Platform (only with your additional opt-in consent);
  • Complying with legal obligations.

This license terminates when you delete your content or your account, except where your content has been shared by other users (e.g., screenshots) or is required to be retained for legal compliance.

11.3 Content Representations

By uploading content, you represent and warrant that:

  • You are the creator and owner of the content, or have authorization to post it;
  • The content does not infringe any third party's intellectual property, privacy, or publicity rights;
  • All persons depicted in the content are at least eighteen (18) years of age and have consented to the content being shared;
  • The content complies with these Terms and the Community Guidelines.

11.4 Platform Content

All Platform content, including but not limited to logos, designs, text, graphics, software, and the "look and feel" of the Platform, is owned by Primal or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from Platform content without written permission.


12. Photo Sharing and Media Guidelines

12.1 Photo Privacy Controls

Users have granular control over who can view their photos:

  • Public Photos: Visible to all Platform users;
  • Private Photos: Visible only to users you explicitly grant access to;
  • Premium Photos: Available only to subscribers or purchasers.

12.2 Permitted Photo Content

  • Profile photos must clearly show the user's face (no explicit content in profile photos);
  • Gallery photos may include tasteful adult content within Community Guidelines;
  • Marketplace listing photos must accurately represent the item being sold.

12.3 Prohibited Photo Content

  • Photos of minors in any context;
  • Non-consensual intimate imagery;
  • Extreme sexual content (as defined in Community Guidelines);
  • Content depicting illegal activity;
  • Stock photos, catfish photos, or images of other people presented as yourself.

12.4 Screenshot Prevention

Primal implements technical measures to discourage unauthorized screenshotting and screen recording of private content. However, we cannot guarantee that screenshots will not be taken by other means. Users share content at their own risk.

12.5 Watermarking

Primal may apply invisible digital watermarks to user-uploaded content to assist in identifying unauthorized distribution. This watermarking does not alter the visible appearance of content.


13. DMCA and Copyright Policy

13.1 Respect for Intellectual Property

Primal respects intellectual property rights and expects its users to do the same. We comply with the Digital Millennium Copyright Act (DMCA, 17 U.S.C. Section 512).

13.2 Reporting Copyright Infringement

If you believe your copyrighted work has been copied or used on the Platform in a way that constitutes copyright infringement, please send a written notification to our designated DMCA agent containing:

a) A physical or electronic signature of the copyright owner or authorized agent;

b) Identification of the copyrighted work claimed to have been infringed;

c) Identification of the material that is claimed to be infringing, with information sufficient to locate it on the Platform;

d) Your contact information (address, telephone number, and email);

e) A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;

f) A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

DMCA Agent: Primal Digital LLC Attn: DMCA Agent [Address] Email: dmca@primal.app

13.3 Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification containing:

a) Your physical or electronic signature;

b) Identification of the removed content and the location where it appeared before removal;

c) A statement under penalty of perjury that you have a good faith belief the content was removed by mistake or misidentification;

d) Your name, address, and telephone number;

e) A statement consenting to jurisdiction of the federal district court in [jurisdiction] and that you will accept service of process from the complainant.

13.4 Repeat Infringer Policy

Users who are the subject of three (3) or more valid DMCA takedown notices will have their accounts permanently terminated. Primal reserves the right to terminate accounts after a single infringement in egregious cases.


14. Privacy and Data Handling

Your privacy is governed by our Privacy Policy, which is incorporated herein by reference. Key points include:

  • We collect only the data necessary to operate the Platform;
  • We do not sell your personal data to third parties;
  • Your kink preferences and fetish interests are treated as sensitive personal information with enhanced protections;
  • You control your profile visibility and data sharing settings;
  • You may request deletion of your data at any time;
  • We comply with GDPR, CCPA/CPRA, and other applicable data protection laws.

For full details, please review our Privacy Policy.


15. Anti-Scam, Anti-Bot, and Verification Policy

15.1 Anti-Scam Measures

Primal actively combats scams, catfishing, and financial exploitation through:

  • AI-powered profile photo analysis to detect stolen images;
  • Behavioral analysis to detect scam patterns (e.g., rapid financial requests, identical messages to multiple users);
  • Community reporting tools;
  • Dedicated Trust & Safety team review of flagged accounts.

15.2 Anti-Bot Policy

Automated accounts, bots, and scripts are prohibited. We employ:

  • CAPTCHA challenges during registration;
  • Behavioral analysis to detect non-human usage patterns;
  • Rate limiting on messages and profile views;
  • Device fingerprinting and IP analysis.

15.3 Verification Badges

Users who complete identity verification receive a Verified Badge, indicating that their identity has been confirmed. Verification does not constitute an endorsement by Primal of any user's character, intentions, or reliability.

15.4 Trust Score

Primal maintains an internal Trust Score for each user based on verification level, account age, user reviews, marketplace transaction history, and behavioral signals. Users with low Trust Scores may face reduced visibility or additional verification requirements.


16. Safety -- In-Person Meetups

16.1 Platform Disclaimer

Primal is an online platform. We do not organize, facilitate, supervise, or take responsibility for in-person meetings between users. All in-person meetups occur at the sole risk of the participants.

16.2 Safety Features

While not responsible for meetups, Primal provides safety tools including:

  • Safety Check-In: Optional timed check-in feature that alerts a designated contact if you do not respond within a set time during a meetup;
  • Location Sharing: Optional ability to share your real-time location with a trusted contact during meetups;
  • Emergency Resources: Quick access to emergency services, National Domestic Violence Hotline, and crisis resources;
  • Meetup Tips: Educational resources on safe meetup practices.

16.3 Safety Recommendations

We strongly encourage users to:

  • Meet in public places for initial meetings;
  • Inform a trusted friend of meetup plans and share the other person's profile;
  • Use the Safety Check-In feature;
  • Trust your instincts: if something feels wrong, leave;
  • Never feel pressured to do anything you are uncomfortable with;
  • Report any threatening or harmful behavior immediately.

16.4 No Background Checks

Primal does NOT conduct criminal background checks on users. Identity verification confirms only that the person is who they claim to be and meets age requirements. It does not screen for criminal history, financial status, relationship status, or any other personal characteristic.


17. Dispute Resolution

17.1 User-to-User Disputes

For disputes between users (non-Marketplace):

a) Users are encouraged to resolve disputes directly through respectful communication;

b) If direct resolution fails, either party may file a report with Primal's Trust & Safety team;

c) Trust & Safety will review the report and may take action including warnings, temporary restrictions, or account termination;

d) Primal's determination in user disputes is final with respect to Platform actions but does not prevent either party from pursuing external legal remedies.

17.2 Marketplace Disputes

For Marketplace transaction disputes:

a) Step 1 -- Direct Resolution (48 hours): Buyer and seller attempt to resolve the issue directly through Platform messaging;

b) Step 2 -- Primal Mediation (5 business days): If unresolved, either party may escalate to Primal's Marketplace Dispute Team, which will review evidence from both parties;

c) Step 3 -- Final Decision: Primal will issue a binding decision regarding refund, partial refund, or dismissal. Funds held in escrow will be released according to this decision;

d) Appeals: Either party may appeal within seventy-two (72) hours of the decision with new evidence.

17.3 Disputes with Obsidian

Disputes between users and Primal are governed by Section 23 (Arbitration Agreement).


18. Account Suspension and Termination

18.1 Termination by User

You may terminate your account at any time through Account Settings > Delete Account. Upon termination:

  • Your profile will be immediately hidden from other users;
  • Your data will be deleted in accordance with our Privacy Policy (within thirty (30) days, except where retention is required by law);
  • Active subscriptions will not be refunded for the remaining billing period;
  • Pending Marketplace transactions will be completed before full account deletion;
  • Unredeemed Gems below the minimum cashout threshold will be forfeited; Gems above the threshold will be redeemed and paid out.

18.2 Suspension and Termination by Obsidian

Primal may suspend or terminate your account, with or without notice, for:

  • Immediate Termination (No Warning): CSAM, trafficking, underage use, violent threats, doxxing, non-consensual content distribution, repeated solicitation of sexual services;
  • Suspension Pending Review (Warning Issued): Harassment complaints, marketplace fraud allegations, suspected bot activity, suspicious payment activity;
  • Graduated Enforcement: First offense (warning), second offense (7-day suspension), third offense (30-day suspension), fourth offense (permanent ban). Severity depends on the nature of the violation.

18.3 Effect of Termination

Upon termination by Obsidian:

  • Access to the Platform is immediately revoked;
  • Outstanding Marketplace payments owed to you will be held for thirty (30) days and released if no pending disputes exist;
  • Primal reserves the right to retain data as needed for legal compliance, dispute resolution, and enforcement of these Terms;
  • Terminated users may not create new accounts without written permission from Primal.

18.4 Appeals

Users whose accounts have been terminated may appeal within thirty (30) days by emailing appeals@primal.app with a detailed explanation. Appeals are reviewed by a senior Trust & Safety team member and a response is provided within ten (10) business days.


19. Limitation of Liability

19.1 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OBSIDIAN, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

a) Your use of or inability to use the Platform;

b) Any conduct or content of any third party on the Platform;

c) Any content obtained from the Platform;

d) Unauthorized access, use, or alteration of your transmissions or content;

e) Any interactions, meetups, relationships, or transactions between users;

f) Items purchased or sold through the Marketplace.

19.2 Cap on Liability

OBSIDIAN'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO OBSIDIAN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

19.3 Basis of the Bargain

THE LIMITATIONS IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN OBSIDIAN AND YOU. OBSIDIAN WOULD NOT BE ABLE TO PROVIDE THE PLATFORM ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.


20. Indemnification

You agree to indemnify, defend, and hold harmless Primal Digital LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

a) Your use of the Platform;

b) Your User Content;

c) Your violation of these Terms;

d) Your violation of any third party's rights, including intellectual property, privacy, or publicity rights;

e) Your interactions with other users, whether online or in person;

f) Your Marketplace transactions;

g) Your violation of any applicable law or regulation.


21. Disclaimers

21.1 "As Is" Service

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. OBSIDIAN SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

21.2 No Guarantee of Results

Primal does not guarantee that you will find a match, relationship, buyer, seller, or any specific outcome through use of the Platform.

21.3 No Endorsement of Users

Primal does not endorse, screen (beyond identity verification), or vouch for any user. Verification badges confirm identity only, not character, safety, or reliability.

21.4 Third-Party Content and Links

The Platform may contain links to third-party websites, services, or content. Primal does not control and is not responsible for third-party content, privacy practices, or availability.

21.5 Service Availability

Primal does not guarantee uninterrupted, secure, or error-free operation of the Platform. We may modify, suspend, or discontinue any feature at any time.


22. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Subject to the Arbitration Agreement in Section 23, any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Dallas, Texas, and you consent to personal jurisdiction in such courts.


23. Arbitration Agreement and Class Action Waiver

23.1 Mandatory Arbitration

YOU AND OBSIDIAN AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM (COLLECTIVELY, "DISPUTES") SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, except that either party may bring individual claims in small claims court if they qualify.

23.2 Arbitration Rules

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in Dallas, Texas, or, at your election, via telephone or video conference. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

23.3 Class Action Waiver

YOU AND OBSIDIAN AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

23.4 Exceptions

This Arbitration Agreement does not apply to: (a) claims for injunctive or equitable relief; (b) claims related to intellectual property infringement; (c) disputes that qualify for small claims court.

23.5 Opt-Out

You may opt out of this Arbitration Agreement by sending written notice to arbitration-optout@primal.app within thirty (30) days of first accepting these Terms. The notice must include your name, email address, and a clear statement that you wish to opt out. If you opt out, the judicial forum provisions of Section 22 will apply.


24. State-Specific Provisions

24.1 California Residents

If you are a California resident:

  • CCPA/CPRA Rights: You have the right to know what personal information is collected, request deletion, and opt out of the sale of personal information. See our Privacy Policy for details.
  • California Civil Code Section 1789.3: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  • Automatic Renewal Law (Cal. Bus. & Prof. Code Section 17600): Subscription renewals are governed by California's automatic renewal law. You will receive clear notice before being charged for a renewal, and you may cancel at any time.

24.2 New York Residents

New York does not specifically criminalize sugar dating between consenting adults. However, the exchange of sex for money is illegal under N.Y. Penal Law Section 230. Users are expected to comply with all New York laws.

24.3 Nevada Residents

While Nevada permits licensed prostitution in certain counties, Primal does NOT facilitate prostitution anywhere. All users, including Nevada residents, are prohibited from using the Platform for transactional sexual services.

24.4 Louisiana, Utah, and Age-Verification States

Certain states (including Louisiana, Utah, Virginia, Arkansas, Mississippi, Montana, North Carolina, and Texas) have enacted age-verification laws for websites that contain material deemed harmful to minors. Primal requires age verification for all users and complies with these requirements. Users in these states may be subject to enhanced age-verification procedures.

24.5 Used Item Sales

The sale of used personal items (such as worn clothing) is legal in all fifty (50) U.S. states. Certain items may be subject to state health regulations. Sellers are responsible for compliance with their local laws regarding the sale of personal items.

24.6 EU/EEA/UK Users

Users in the European Union, European Economic Area, or United Kingdom are entitled to additional rights under the General Data Protection Regulation (GDPR) and the UK GDPR, including the right to access, rectify, erase, restrict processing, data portability, and object to processing of personal data. See our Privacy Policy for details. You also have a fourteen (14) day right of withdrawal from subscription purchases under EU consumer protection law.


25. Changes to Terms

Primal reserves the right to modify these Terms at any time. Material changes will be communicated via:

  • Email notification to the address associated with your account;
  • In-app notification;
  • A prominent notice on the Platform.

Changes become effective thirty (30) days after notice unless a shorter period is required for legal compliance or security. Your continued use of the Platform after the effective date constitutes acceptance of the modified Terms. If you disagree with the changes, you must discontinue use and delete your account before the effective date.


26. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed. The remaining provisions shall continue in full force and effect. The invalidity of any provision in a particular jurisdiction shall not invalidate that provision in any other jurisdiction.


27. Contact Information

Primal Digital LLC


BY USING THE OBSIDIAN PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.


Primal Digital LLC -- All Rights Reserved.