Terms & Conditions
Terms of Service
Last Updated: 10-21-25
These Terms of Service (“Terms”) govern your access to and use of the website www.primalplunges.com (the “Site”), operated by ONeill Development LLC, doing business as Primal Plunges (“Primal Plunges,” “we,” “our,” or “us”). By accessing or using our Site, you agree to be bound by these Terms. If you do not agree, please do not use our Site.
1. Eligibility and Use of Site
By using our Site, you represent that you are at least 18 years old and reside in a jurisdiction where the use of this Site is lawful. You agree to use the Site only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms.
2. Other Policies Incorporated by Reference
Your use of the Site is also governed by our Privacy Policy, Shipping Policy, Return Policy, and Warranty Policy, each available through links on our website. These policies are incorporated by reference into these Terms.
3. Orders, Pricing, and Payment
All orders placed through our Site are subject to acceptance. Prices, availability, and product descriptions are subject to change without notice. We reserve the right to refuse or cancel any order at our discretion, including orders suspected of fraud or resale intent.
All prices listed are in U.S. dollars. Payment is processed through secure third-party providers such as Shopify or Affirm. By submitting payment information, you authorize us and our payment partners to process charges according to your selected payment method.
If you use Affirm financing, your purchase is also subject to Affirm’s lending terms and privacy policies. We are not a lender and do not control Affirm’s terms.
4. Shipping and Delivery
Shipping is governed by our Shipping Policy, which details available delivery options, timelines, and conditions. Title passes to you upon shipment. Missed deliveries, rejected shipments, or inaccurate addresses may result in additional fees for which you are responsible.
5. Returns and Cancellations
Returns and cancellations are handled in accordance with our Return Policy. Certain custom-built or special-order products may not be eligible for return or cancellation.
6. Warranty
All Primal Plunges products are covered by our Warranty Policy, which details warranty coverage, exclusions, and claim procedures. The warranty coverage is limited and applies only to the original residential purchaser.
7. Intellectual Property
All content on the Site—including text, logos, graphics, product images, and designs—is owned or licensed by Primal Plunges and protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or exploit any part of the Site without our prior written consent.
8. SMS and Email Communications
By providing your contact information, you consent to receive transactional and promotional communications from Primal Plunges, including SMS and email messages. Message and data rates may apply. Frequency of messages may vary.
You can opt out of marketing SMS messages at any time by replying STOP to any message, or by contacting us at support@primalplunges.com. You may also unsubscribe from email marketing by using the unsubscribe link in our emails. Even if you opt out of marketing communications, we may still contact you regarding orders, account updates, or service-related information.
Our SMS practices comply with A2P 10DLC regulations. By consenting to receive text messages, you agree that such consent is not a condition of purchase.
9. Disclaimer of Warranties
The Site, its content, and all products and services offered are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Primal Plunges disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
10. Limitation of Liability
To the maximum extent permitted by law, ONeill Development LLC dba Primal Plunges shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the Site or products purchased, even if advised of the possibility of such damages. Our total liability shall not exceed the amount you paid for the product in question.
11. Indemnification
You agree to indemnify and hold harmless ONeill Development LLC, its affiliates, employees, and agents from and against any claims, losses, damages, liabilities, and expenses arising from your violation of these Terms or misuse of the Site.
12. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to conflict of law principles. You agree that any disputes shall be brought exclusively in the state or federal courts located in Utah County, Utah, and you consent to the jurisdiction of such courts.
13. Termination
We may suspend or terminate your access to the Site at any time, without notice, if we believe you have violated these Terms. You may stop using the Site at any time. Sections relating to intellectual property, warranties, limitations of liability, and dispute resolution shall survive termination.
14. Modifications to Terms
We may update these Terms from time to time. Updates will be posted on this page with a revised “Last Updated” date. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.
15. Contact Information
If you have any questions about these Terms of Service, please contact us at:
Primal Plunges (ONeill Development LLC)
708 W 1940 S, Bldg 20, Suite 102
Logan, UT 84321
Phone: 435-361-4085
Website: www.primalplunges.com
7. Accounts, Technology, and Intellectual Property Matters
If you create an account on our Site, you are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to immediately notify Primal Plunges of any unauthorized use of your account or security breach. We reserve the right to suspend or terminate any account that we believe has been compromised or misused.
We strive to maintain continuous availability of our Site and Services; however, we do not guarantee uninterrupted access. Temporary outages may occur for maintenance, upgrades, system failures, or reasons beyond our control. We are not liable for any loss, damage, or inconvenience resulting from system outages, slowdowns, or disruptions.
All technology, software, and content used in the operation of the Site—including designs, graphics, text, code, and proprietary features—remain the sole property of ONeill Development LLC dba Primal Plunges or its licensors. Nothing in these Terms grants you rights to use our intellectual property without express written permission.
8. Payment Processing, Disputes, and Chargebacks
All payments are processed securely through third-party providers such as Shopify Payments, Affirm, or other authorized processors. By completing a transaction, you agree to comply with the terms of these payment providers. Primal Plunges does not store or directly process credit card or bank account information.
If a payment dispute or chargeback is initiated, you agree to first contact Primal Plunges at support@primalplunges.com to attempt to resolve the issue in good faith. Unfounded or fraudulent chargebacks may result in the suspension of your account and future order restrictions. We reserve the right to recover any costs, fees, or damages incurred due to chargebacks or payment reversals.
These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. You agree that any dispute, claim, or controversy arising out of or related to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Utah County, Utah. You consent to the personal jurisdiction of such courts.
You agree to bring any claim against Primal Plunges only in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Class actions, class arbitrations, and representative actions are not permitted.
13. General Terms
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment without such consent will be void.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Force Majeure: Primal Plunges will not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, power outages, strikes, or acts of government.
Entire Agreement: These Terms constitute the entire agreement between you and Primal Plunges regarding your use of the Site and supersede all prior understandings or agreements, whether written or oral, relating to the same subject matter.
Interpretation: Headings are provided for convenience only and do not affect the interpretation of these Terms.
14. PrimalOS Mobile App
Primal Plunges offers a mobile application known as PrimalOS (the “App”) that enables users to track, record, and analyze their cold plunge sessions. By downloading, installing, or using the App, you agree to these Terms of Service, as well as any additional terms or policies that may apply to the App.
License and Use
Primal Plunges grants you a limited, non-exclusive, non-transferable, and revocable license to use the PrimalOS App for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or reverse-engineer the App or any portion of its underlying software. All rights not expressly granted to you remain the property of ONeill Development LLC.
Data Collection and Use
The PrimalOS App collects and stores data related to your cold plunge activity, including but not limited to plunge temperatures, durations, times, and dates. The App also enables users to take and save photographs within the App, which may be stored securely on our servers. These photos are not used by Primal Plunges for marketing or promotional purposes, but are retained to enable in-app features such as progress tracking and history display.
The plunge data collected through the App may be shared with other PrimalOS users in dashboard or leaderboard-style formats. By using the App, you acknowledge and agree that such sharing is part of the App’s functionality and that no opt-out option is available for this feature.
Primal Plunges may use aggregated or anonymized data derived from App usage for internal business purposes, analytics, and marketing insights. Such data helps improve user experience, measure performance, and inform product development. However, user photographs will not be used for any public or marketing purpose.
Privacy and Security
Primal Plunges employs reasonable administrative, technical, and physical safeguards to protect your data. However, you acknowledge that no system is entirely secure, and Primal Plunges cannot guarantee absolute security of stored information. Your use of the App is also governed by our Privacy Policy, which explains how data is collected, used, and shared.
Service Availability and Updates
We may modify, update, or suspend the PrimalOS App at any time, including for maintenance, bug fixes, or feature enhancements. We are not liable for any temporary loss of access, data loss, or interruptions arising from such updates or maintenance activities.
Device Compatibility and Third-Party Services
PrimalOS may not be compatible with all devices or operating systems. Users are responsible for maintaining compatible hardware and software to use the App. The App may integrate with third-party platforms or services (such as analytics, cloud storage, or operating system tools). Your use of these features is governed by the terms of those third parties.
Health and Safety Disclaimer
PrimalOS is a wellness tracking tool and is not a medical device. The App and its features are provided for informational purposes only and should not be considered medical advice. Consult with a qualified healthcare provider before beginning any cold exposure routine. Primal Plunges is not responsible for injuries or health outcomes resulting from your use of the App or related products.
Termination
Primal Plunges reserves the right to suspend or terminate your access to the PrimalOS App at any time for any reason, including violation of these Terms or misuse of the App’s features. Upon termination, you must discontinue use and delete all copies of the App from your devices.