Terms of Service

These Terms of Service ("Terms") govern your use of the website located at 9xnine.co, any client portals we operate, and the free content and tools we make available through them (together, the "Site"). The Site is operated by 9byNine, LLC, doing business as 9xNine ("9xNine," "we," "us," or "our"). By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

Our Services — Client Agreements Control

9xNine provides AI-first marketing strategy and execution services to businesses. Those services are not provided through this Site alone. They are governed by a separately signed Master Service Agreement and one or more Statements of Work (together, the "Client Agreements"). If you are a 9xNine client and there is any conflict between these Terms and your Client Agreements, the Client Agreements control with respect to the services we provide you. Fees, payment terms, refund terms, deliverables, intellectual-property ownership, and service commitments are set exclusively in the Client Agreements — nothing on the Site modifies them.

Browsing the Site is free. Descriptions of services, pricing, and packages on the Site are for general information, may change at any time, and are not an offer that can be accepted by payment; every engagement begins with a signed Client Agreement.

Eligibility and Business Use

The Site and our services are intended for businesses and for individuals acting on behalf of a business. You must be at least 18 years old to use the Site. By using the Site on behalf of a company, you represent that you have authority to bind that company to these Terms.

Client Portals

If we provision a client portal or similar workspace for you, you are responsible for keeping your access credentials confidential and for all activity that occurs under your access. Tell us promptly at [email protected] if you believe your access has been compromised. We may suspend or revoke portal access to protect the Site, our clients, or our systems.

Acceptable Use

You agree not to:

• Use the Site in any way that violates applicable law or the rights of others.
• Attempt to gain unauthorized access to any portion of the Site, other accounts, or our systems.
• Interfere with or disrupt the Site, including by introducing malware or placing unreasonable load on our infrastructure.
• Scrape, harvest, or collect information from the Site by automated means without our written permission.
• Copy, resell, or commercially exploit Site content except as these Terms or a Client Agreement allow.
• Misrepresent your identity or affiliation, or submit information you do not have the right to share.

Intellectual Property

The Site and its content — including text, graphics, logos, the 9xNine name and wordmark, page designs, frameworks, and downloadable resources — are owned by 9byNine, LLC or its licensors and are protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive license to access and use the Site and its free content for your own business evaluation and internal use. No other rights are granted. Ownership of deliverables produced under an engagement is addressed in the Client Agreements, not these Terms.

Feedback

If you send us ideas, suggestions, or feedback about the Site or our services, you grant us a perpetual, irrevocable, royalty-free right to use them without restriction or compensation.

Communications

When you submit a form, complete a survey, or book a call through the Site, we may contact you by email or phone about your inquiry. Text messaging is governed by the consent choices you make on our forms and by our SMS Terms; our collection and use of your information is described in our Privacy Policy. You can opt out of marketing communications at any time as described there.

Third-Party Services and Links

The Site may link to, or be operated with, third-party platforms and services (for example, scheduling, forms, hosting, and analytics providers). Those services are governed by their own terms and policies. We are not responsible for third-party services, their availability, or their content.

Disclaimers

The Site and its content are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Content on the Site — including articles, guides, examples, and results described in case studies — is general information, not professional advice, and we do not warrant or guarantee any specific marketing result, revenue, ranking, traffic, lead volume, or business outcome. We do not warrant that the Site will be uninterrupted, error-free, or secure.

Limitation of Liability

To the maximum extent permitted by law, 9byNine, LLC and its members, officers, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to your use of the Site. Our total aggregate liability arising out of or relating to the Site or these Terms will not exceed one hundred U.S. dollars ($100). Liability relating to services provided under a Client Agreement is governed by that agreement, not by this section. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless 9byNine, LLC from claims, damages, and expenses (including reasonable attorneys' fees) arising out of your misuse of the Site, your violation of these Terms, or your violation of applicable law or the rights of a third party.

Suspension and Termination

We may suspend or terminate your access to the Site (including any portal) at any time if we reasonably believe you have violated these Terms or pose a risk to the Site, our clients, or our systems. Sections that by their nature should survive — including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law — survive termination.

Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Site will be subject to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, and you consent to that venue. The prevailing party in any dispute is entitled to recover reasonable attorneys' fees and costs.

Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Site after changes take effect means you accept the updated Terms.

Contact Us

Questions about these Terms? Contact us: