Terms of Service

1.Acceptance of terms

By accessing or using our website, requesting a proposal, or entering into a services engagement with us, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2.Our services

Ninth Fold designs, builds, and deploys custom artificial-intelligence solutions, automations, and related consulting for businesses. The specific scope, deliverables, timeline, and fees for any engagement are defined in a separate written proposal, statement of work, or order form (each, an “Engagement”). In the event of a conflict between these Terms and a signed Engagement, the Engagement controls for that project.

3.Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our services. Our services are directed to businesses and are not intended for personal, family, or household purposes.

4.Proposals, quotes & engagements

Proposals and quotes are estimates based on the information available at the time and are valid for the period stated, or 30 days if no period is stated. An Engagement becomes binding once both parties have signed or otherwise confirmed acceptance in writing. Changes to scope may require a written change order and may affect fees and timelines.

5.Fees & payment

• Fees, payment schedules, and any deposits are set out in the applicable Engagement.
• Unless stated otherwise, invoices are due within 15 days of the invoice date.
• Late amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by law.
• Fees are exclusive of taxes; you are responsible for any applicable sales, use, or similar taxes.
• Third-party costs (such as model, hosting, or API usage) are your responsibility unless expressly included in the Engagement.

6.Client responsibilities

You agree to provide timely access to the materials, accounts, information, and personnel reasonably required for us to perform. You are responsible for the accuracy and legality of the data and content you provide, and for obtaining any consents or rights necessary for us to process it on your behalf.

7.Intellectual property

Upon full payment for an Engagement, we assign to you the deliverables created specifically for you under that Engagement, excluding our pre-existing tools, frameworks, libraries, and know-how (“Background IP”). We retain all rights to our Background IP and grant you a non-exclusive, perpetual license to use it solely as incorporated into your deliverables. You retain all rights to the data and content you provide.

8.Confidentiality

Each party may access confidential information of the other. Both parties agree to use such information only to perform under the Engagement and to protect it with reasonable care. This obligation does not apply to information that is public, independently developed, or lawfully received from a third party.

9.Third-party services

Our solutions may integrate with or rely on third-party platforms, models, and APIs. We are not responsible for the availability, accuracy, or policies of third-party services, and your use of them may be subject to their own terms.

10.Acceptable use

You agree not to use our website or services to violate any law, infringe the rights of others, transmit malicious code, attempt to gain unauthorized access to our systems, or build applications that are unlawful, deceptive, or harmful. We may suspend access to protect our systems or comply with the law.

11.Disclaimers

Our website and services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. AI systems are probabilistic and may produce inaccurate or unexpected output; you are responsible for reviewing outputs before relying on them.

12.Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our total aggregate liability arising out of or relating to the services will not exceed the fees paid by you to us for the Engagement giving rise to the claim in the 12 months preceding the event.

13.Indemnification

You agree to indemnify and hold harmless Ninth Fold and its members, officers, and contractors from any claims, damages, and expenses arising out of the data or content you provide, your use of the deliverables, or your breach of these Terms.

14.Term & termination

These Terms apply while you use our website or services. Either party may terminate an Engagement as described in that Engagement, or immediately for a material breach that is not cured within 15 days of written notice. Upon termination, you will pay for all services performed and costs incurred through the termination date. Sections that by their nature should survive will survive.

15.Governing law & disputes

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules. The exclusive venue for any dispute will be the state or federal courts located in Wyoming, and each party consents to their jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction.

16.Changes to these terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Material changes will be effective when posted, and your continued use of our website or services after that date constitutes acceptance.

17.Contact us

Questions about these Terms can be sent to us at: