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Terms of Service

Version 1.0 · Effective 8 September 2026

Sections

  1. 1Scope
  2. 2The three stages
  3. 3Fees
  4. 4What you own
  5. 5Your part
  6. 6Confidentiality
  7. 7Decisions remain yours
  8. 8Data and AI
  9. 9Warranties
  10. 10Limitation of liability
  11. 11Cancellation and termination
  12. 12Independent contractor
  13. 13Changes to these terms
  14. 14Governing law
  15. 15Contact

1Scope

PlainPath is the AI adoption practice of Primitive, based at 905 Ave K, Lubbock, Texas ("PlainPath", "we", "us"). These terms apply to the audit, to a Discovery engagement, to a build, and to any other work we perform for you unless a signed agreement states otherwise. "You" means the company that engages us.

Where a signed engagement agreement, statement of work or accepted proposal conflicts with these terms, that document governs the work it covers.

Our Data Handling document forms part of these terms.

2The three stages

Our work is performed in three stages, each engaged separately.

The audit. Provided at no charge. Our agent, Compass, conducts a structured conversation with your personnel about how work is performed today and scores each process for its suitability for AI. You receive a written report. There is no fee and no obligation, and the report is yours whether or not you proceed.

Discovery. A fixed fee, quoted before signing. We verify the audited processes with the personnel who perform them, measure what the audit estimated, and deliver a written build plan with supporting figures and a price. The plan is yours whether or not you engage us to build.

The build. A fixed fee, quoted in the Discovery plan. We build the agents, establish the review points and operating limits, train the personnel whose work changes, and measure results against the audit baseline.

You may conclude the engagement at the end of any stage, and you may engage us for part of a build plan and retain the remainder in-house.

3Fees

Fees are fixed and stated in the proposal you sign. Fees are invoiced on signing and due on receipt unless the proposal states otherwise. No additional fees apply unless agreed in writing.

Fees exclude third-party costs you pay directly, including model usage, hosting and software licenses, unless the proposal states otherwise.

4What you own

The agents we build for you, their prompts and configuration, the documentation and the training materials are your property. You may operate, modify or replace them without our involvement.

We retain our own methods, templates and internal tooling, and anything developed before or outside your engagement. These terms grant you no rights in that material, and grant us no rights in your business data beyond what the engagement requires.

We will not identify you as a client, or describe your work publicly, without your written approval.

5Your part

You will make the named personnel available for scheduled sessions and provide the exports, samples and access we request. You will inform us of internal policies, regulatory limits and approval requirements affecting the work before the work begins.

Delay by either party moves the completion date. The fee is unchanged.

6Confidentiality

Confidentiality is mutual and survives the engagement.

We treat information we receive as confidential, use it only for your engagement, and access your systems only as you authorize. We disclose it to no one outside the personnel performing your engagement and the service providers described in our Data Handling document.

You will treat our plans, pricing detail, methods and any pre-existing tooling disclosed to you on the same basis.

Either party may disclose information where required by a court or regulator, and will notify the other party first where the law permits.

7Decisions remain yours

We build software. We do not make credit, lending, underwriting, legal, tax, accounting, compliance, medical or employment decisions, and nothing we build makes such a decision unless you direct it to and set the limits yourself.

Every agent we build has a designated owner on your side, a written limit on what it may do without human review, and a defined path for a person to intervene. This is part of the build, not an option.

You remain responsible for your regulatory obligations, your record-keeping, and the decisions your business makes. Our work is one input to those decisions.

8Data and AI

Our Data Handling document sets out what we collect, where it is processed, who processes it and how long it is retained. It forms part of these terms and should be reviewed before any information is entered into the audit.

We use large language models supplied by Anthropic to conduct the audit and to prepare written work. Your data is not used to train those models. We require that customer records, account numbers, credentials and personal information are not entered into the audit, because the audit does not require them.

9Warranties

We perform the work with reasonable care and skill and to a professional standard. We do not warrant a specific financial saving, a specific time saving or a specific outcome. Figures in a plan or report are estimates and are presented with their basis.

Large language models produce incorrect output on occasion. Every build therefore includes review points, operating limits and a defined human intervention path. We do not warrant that any agent will operate without error.

Except as stated in this section, we give no warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.

10Limitation of liability

Neither party is liable to the other for lost profits, lost revenue, loss of data, or indirect or consequential loss.

Our total liability for any claim arising from an engagement is limited to the fees you paid us for that engagement in the twelve months preceding the claim.

These limits do not apply to a breach of confidentiality, to a claim that our work infringes a third party's intellectual property, or to any liability that cannot be limited at law.

11Cancellation and termination

Either party may cancel a signed engagement in writing before the first session, for a full refund.

Once work has begun, the fee is earned. Either party may terminate an engagement in writing for a material breach that the other party has not remedied within fifteen days of written notice. On termination you retain all work product produced to that date and pay for work performed.

12Independent contractor

We act as an independent contractor. Nothing in these terms creates a partnership, joint venture or employment relationship, and neither party may bind the other.

13Changes to these terms

We may amend these terms for new engagements. The terms in force when you signed govern your engagement for its duration. We will give written notice before any amendment affects work in progress.

14Governing law

These terms are governed by the laws of the State of Texas, without regard to its conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts sitting in Lubbock County, Texas.

15Contact

PlainPath

905 Ave K, Lubbock, TX 79401

[email protected]

See also: Data Handling.

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