These Terms of Service govern your use of the Nine28 Inc. website and any services, products, tools, consulting, AI, automation, workflow, website, or digital business solutions provided by Nine28 Inc.
By using our website, contacting us, or engaging our services, you agree to these Terms of Service.
1. About Nine28 Inc.
Nine28 Inc. provides AI, automation, workflow, website, and digital business solutions to help businesses improve operations, productivity, marketing, and service delivery. Our services may include consulting, strategy, custom automation, AI-assisted workflows, website solutions, business process improvements, integrations, documentation, training, and related support.
2. Use of Our Website
You may use our website for lawful business and informational purposes only. You agree not to:
- Use the website for illegal, harmful, fraudulent, or abusive purposes
- Attempt to gain unauthorized access to our systems
- Interfere with the security or operation of the website
- Copy, scrape, reproduce, or misuse website content without permission
- Submit malicious code, spam, or misleading information through forms
- Use the website in a way that could damage Nine28 Inc. or others
We may restrict access to our website or services if we believe these Terms have been violated.
3. Services and Engagements
Specific services, deliverables, pricing, timelines, responsibilities, and payment terms may be outlined in a proposal, statement of work, quote, agreement, or written communication between you and Nine28 Inc. If there is a conflict between these Terms and a signed agreement or approved proposal, the signed agreement or approved proposal will apply for that specific engagement.
4. Client Responsibilities
To complete work effectively, clients are responsible for providing timely access to required information, systems, accounts, content, approvals, feedback, and decision-makers. You agree that delays in providing required materials, feedback, credentials, or approvals may affect timelines, costs, and delivery dates. You are responsible for ensuring that any information, content, data, files, or materials you provide to Nine28 Inc. are accurate, lawful, and that you have the right to use and share them.
5. AI and Automation Services
Nine28 Inc. may use AI, automation, third-party platforms, scripts, integrations, and software tools to support service delivery. AI and automation tools can improve efficiency, but they may also produce incomplete, inaccurate, unexpected, or inconsistent results. You are responsible for reviewing and approving any AI-assisted output before relying on it, publishing it, or using it in a business-critical context. Unless otherwise agreed in writing, Nine28 Inc. does not guarantee that AI-generated or automated outputs will be error-free, complete, or suitable for every use case.
6. Third-Party Tools and Platforms
Our services may involve third-party platforms, software, plugins, APIs, hosting providers, analytics tools, AI tools, automation platforms, email services, CRM systems, payment processors, or other external services. You acknowledge that:
- Third-party services are governed by their own terms and policies
- Nine28 Inc. does not control third-party platforms
- Third-party platforms may change, break, discontinue features, increase pricing, or limit access
- You may be responsible for third-party subscription, licensing, hosting, or usage fees
- Some features may depend on third-party availability or API access
Nine28 Inc. is not responsible for outages, limitations, security incidents, pricing changes, policy changes, or service interruptions caused by third-party providers.
7. Payments and Fees
Fees, payment schedules, deposits, retainers, hourly rates, support packages, or other charges will be outlined in the applicable proposal, invoice, agreement, or written communication. Unless otherwise agreed:
- Payments are due according to the terms stated on the invoice
- Work may be paused if invoices are overdue
- Deposits or setup fees may be required before work begins
- Additional requests outside the agreed scope may be billed separately
- Taxes may be charged where applicable
Late or unpaid invoices may result in paused services, delayed delivery, or termination of work.
8. Scope Changes
Any work not included in the original approved scope may be considered additional work. This may include, but is not limited to:
- New features or functionality
- Additional revisions
- Changes to approved designs, workflows, or deliverables
- Additional meetings, consulting, training, or documentation
- Fixes or changes caused by third-party platform changes
- Requests requiring additional research, testing, configuration, or development
Additional work may require a new estimate, approval, or invoice before proceeding.
9. Timelines and Delivery
Nine28 Inc. will make reasonable efforts to meet agreed timelines. However, timelines may depend on client feedback, approvals, access to required systems, third-party platforms, technical issues, content delivery, and project complexity. Delivery dates are estimates unless specifically stated as fixed deadlines in writing. Nine28 Inc. is not responsible for delays caused by client-side delays, third-party providers, incomplete information, technical issues outside our control, or changes in project scope.
10. Ownership and Intellectual Property
Unless otherwise agreed in writing:
- You retain ownership of the content, data, branding, and materials you provide to Nine28 Inc.
- Nine28 Inc. retains ownership of its pre-existing tools, templates, methods, processes, frameworks, know-how, code libraries, reusable components, internal systems, and intellectual property
- Upon full payment, you receive the agreed rights to use final deliverables created specifically for you as part of the engagement
- Drafts, concepts, unused designs, internal tools, and working files remain the property of Nine28 Inc. unless otherwise agreed
- Nine28 Inc. may reuse general knowledge, skills, methods, ideas, code patterns, workflows, and non-confidential learnings developed during an engagement.
11. Website, Software, and Automation Deliverables
For websites, software, automations, integrations, scripts, workflows, or digital tools, deliverables may depend on third-party platforms, plugins, APIs, hosting environments, and ongoing maintenance. Unless otherwise agreed in writing, delivery does not include indefinite support, monitoring, hosting, licensing, plugin renewals, security maintenance, compatibility updates, or future changes after launch. Ongoing support, maintenance, monitoring, or optimization may be available through a separate agreement.
12. Content and Legal Compliance
You are responsible for reviewing and approving all content, copy, images, documents, data, AI-generated material, website content, claims, privacy notices, legal pages, and published materials before use. Nine28 Inc. does not provide legal, financial, accounting, medical, or regulatory advice. Any templates, examples, policies, or written materials we provide are for general informational and drafting purposes only and should be reviewed by appropriate professionals where needed.
13. Confidentiality
Both parties may receive confidential or sensitive business information during an engagement. Nine28 Inc. will take reasonable steps to protect confidential client information and use it only for the purpose of providing services. Confidential information does not include information that is publicly available, already known, independently developed, or lawfully received from another source.
14. Privacy
Our collection, use, and handling of personal information is described in our Privacy Policy. By using our website or services, you acknowledge that personal information may be collected and handled in accordance with that Privacy Policy.
15. Portfolio and Marketing Use
Unless you request otherwise in writing, Nine28 Inc. may reference your organization name, logo, project description, and non-confidential work samples in its portfolio, proposals, case studies, website, social media, or marketing materials. We will not intentionally disclose confidential business information without permission.
16. Warranties and Disclaimers
Our website and services are provided on an “as is” and “as available” basis, except where otherwise agreed in writing. Nine28 Inc. does not guarantee that:
- The website will always be available or error-free
- Services will meet every expectation or business objective
- AI or automation outputs will be perfect, complete, or error-free
- Third-party platforms will remain available or unchanged
- Websites, software, or automations will be compatible with all future systems, plugins, browsers, APIs, or platform updates
- Any specific business, revenue, marketing, operational, or performance result will be achieved
We will make reasonable efforts to provide professional, reliable, and useful services, but technology and business outcomes can depend on many factors outside our control.
17. Limitation of Liability
To the maximum extent permitted by law, Nine28 Inc. will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, loss of revenue, loss of data, loss of business opportunity, business interruption, or reputational harm. Where liability cannot be excluded, Nine28 Inc.’s total liability will be limited to the amount paid by you to Nine28 Inc. for the specific service giving rise to the claim, unless otherwise required by law.
18. Indemnification
You agree to indemnify and hold harmless Nine28 Inc., its directors, employees, contractors, and representatives from claims, damages, losses, liabilities, costs, and expenses arising from:
- Your use of our website or services
- Materials, data, or content you provide
- Your breach of these Terms
- Your violation of laws or third-party rights
- Your use or publication of deliverables after approval
- Decisions made based on AI-assisted, automated, or consulting outputs
19. Suspension or Termination
Nine28 Inc. may suspend or terminate access to services if:
- Required payments are overdue
- You breach these Terms
- Required access, information, or approvals are not provided
- Continued work creates legal, security, ethical, or operational concerns
- A third-party platform prevents or limits service delivery
Either party may terminate an engagement according to the terms set out in the applicable proposal, agreement, or written communication.
20. Governing Law
These Terms are governed by the laws of the Province of Ontario and the applicable laws of Canada. Any disputes will be handled in the courts located in Ontario, unless otherwise agreed in writing.
21. Changes to These Terms
Nine28 Inc. may update these Terms from time to time. The updated version will be posted on this page with a revised “Last updated” date. Your continued use of our website or services after changes are posted means you accept the updated Terms.
22. Contact Us
If you have questions about these Terms of Service, please contact us:
Nine28 Inc.
Email: [email protected]
Website: nine28.ai
Pragmatic Intelligence for the modern enterprise. We build the architecture of growth.