Terms of Service

These terms cover the website services that 1E9 Advisors Inc, a Delaware corporation, 1350 Avenue of the Americas, 2nd Floor, New York, NY 10019, provides under the trade name EnineSites ("EnineSites") to anyone who signs up for EnineSites or signs an EnineSites proposal (the "Customer").

1E9 Advisors Inc owns the EnineSites platform, software, templates, and name.

The Customer's plan is the plan it chose at sign-up, as described on the EnineSites website at the time, or its signed proposal. The plan sets the fees, term, and any service levels, and these terms cover everything else. Where a signed proposal and these terms say different things, the proposal applies. A self-serve Customer accepts these terms by ticking the box to agree when it signs up, or by using the service. A Customer with a signed proposal accepts them by signing it.

1. Services and requests

1.1 EnineSites hosts and secures the Customer's website on the EnineSites platform. The Customer builds and runs the site itself, unless its plan includes more from EnineSites, such as building, maintaining, or updating the site. The Customer supplies the content and approves anything published. Work not included in the Customer's plan is quoted separately, and no extra work is done or billed without the Customer's written approval.

1.2 Send requests to support@eninesites.com. Response times, turnaround times, and uptime are promised only where the Customer's plan states them.

1.3 The Customer must be an individual aged 18 or older, or an entity validly existing under applicable law. A person under 18 may have a site only through a parent or guardian, who signs up as the Customer and is responsible for the site and everything published on it. The Customer may give its staff access to the service and is responsible for what they do with it.

1.4 The Customer must not use the service to publish anything unlawful, defamatory, obscene, fraudulent, or infringing, anything that promotes illegal activity, or anything that carries malware. No one may access the service without authorization, and the Customer keeps its account credentials secure.

2. Fees and payment

2.1 Fees are set by the Customer's plan. A free plan becomes paid only when the Customer orders a paid plan. A paid plan is billed monthly or annually, at the prices its plan states. Payment for a new plan is due at sign-up, and payment for a renewal is due before the renewal period begins. The service starts on the start date in the Customer's plan, or at sign-up for a self-serve plan. Payment dates are set separately, as above. All prices are in US dollars unless stated otherwise. Fees do not include sales, use, or similar taxes. The Customer pays them where they apply, and pays all other taxes on the fees except taxes on EnineSites' income.

2.2 Third-party costs. EnineSites does not pay any third-party cost incurred for or by the Customer, such as domains, paid fonts, images, plugins, or outside services. The Customer pays each one in advance, and EnineSites buys nothing on the Customer's behalf until it has been paid.

2.3 Failed payments. If a card, gateway, or bank payment fails, EnineSites tells the Customer and allows 7 days to pay. If it is still unpaid after that, EnineSites may suspend the service.

2.4 Upgrades and downgrades. An upgrade takes effect at once and is charged in proportion for the rest of the current billing period. A downgrade takes effect from the next billing period and does not refund any part of the current one.

2.5 Billing errors. The Customer reports a billing error in writing within 30 days of the invoice, and EnineSites corrects it with an adjustment or a credit. A credit has no cash value.

2.6 Payment processing. Card payments go through third-party payment gateways, and EnineSites does not store full card details. The Customer authorizes EnineSites and its payment processors to charge its chosen payment method for the fees due.

2.7 Chargebacks. If the Customer reverses a payment without first contacting EnineSites, EnineSites may suspend the service until it is resolved, contest the chargeback, and recover its costs where the law allows.

2.8 Refunds. Fees already paid are not refunded, except as section 3 states or where the law requires a refund. Third-party costs, such as domain registrations, licenses, and payment-gateway charges, are never refunded. A refund goes to the original payment method where possible.

2.9 Late payment. EnineSites may charge interest of 1.5% a month (18% a year) on late payments, from the due date until paid. If a payment is more than 30 days late, EnineSites may suspend the service until it is paid. If EnineSites has to act to collect unpaid fees, the Customer also pays the reasonable costs of collecting them, including legal fees.

2.10 Price changes. EnineSites may change its fees with at least 60 days' written notice. A new fee applies only from the next term.

3. Term and ending the service

3.1 A free plan has no fixed term. A paid plan runs for the term its plan states, starting when the plan starts, and renews as its plan states. Where a plan does not renew automatically, the Customer renews before the term ends; otherwise the service may be suspended when the term expires.

3.2 The Customer may stop the service at any time by telling EnineSites in writing or, on a self-serve plan, through its account settings or by email to support. The service then runs to the end of the current term and does not renew. Stopping early does not reduce what the Customer owes for the current term: fees already paid are not refunded, and the remaining payments for the term are still due.

3.3 Either party may end the service if the other seriously fails to do what its plan or these terms require and does not put it right within 30 days of written notice. The notice must say what was not done. If the Customer ends the service this way, EnineSites refunds the fees paid for the rest of the term, and a Customer paying monthly owes no further payments. If EnineSites ends the service this way, the Customer still owes the fees for the rest of the term. EnineSites may remove unlawful content, or suspend the service, at once where continuing creates a legal, regulatory, or security risk, and will tell the Customer why.

4. Ownership, export, and data

4.1 Content means everything the Customer or its staff put on the site: text, images, files, and the structure of its pages.

4.2 Visitor data means personal data the site collects from its visitors, including form submissions and the site's access logs.

4.3 Platform data means data the platform records about how the Customer and its staff use the service, including how the site uses the EnineSites taxonomy (the platform's content categories) and user roles. Platform data contains no visitor data.

4.4 The Customer owns its content. A domain the Customer brings stays the Customer's, and the Customer can point it elsewhere at any time. A domain EnineSites buys for the Customer, at the Customer's cost, also belongs to the Customer, and EnineSites transfers it on request. If the Customer does not pay for a domain's renewal, EnineSites may let it lapse or release it. The EnineSites platform, software, and templates, including any EnineSites theme, belong to EnineSites and are not the Customer's. The Customer may use them only while the service runs, and may not transfer that right.

4.5 The Customer lets EnineSites host, store, copy, and display its content, only to run and secure the site and as the law requires.

4.6 Themes. The site uses an EnineSites theme unless the Customer's plan says otherwise. An EnineSites theme belongs to 1E9 Advisors Inc and improves with every platform update. A custom theme made for the Customer belongs to the Customer, but it does not receive platform updates. The Customer may have one or the other, and cannot be guaranteed both.

4.7 Export. On request, at any time and at no charge, EnineSites gives the Customer within 5 business days: all of its content in a standard structured format (JSON), every image and file it uploaded in its original form, every form submission its site received, and a list of every page address on the site. This is enough for another provider to rebuild the site's content and structure. An EnineSites theme is built into the platform, so it is not portable: the export does not include an EnineSites theme, or the EnineSites platform, software, or templates. A custom theme the Customer owns is included in the export.

4.8 Platform data. Platform data belongs to 1E9 Advisors Inc and is not part of the export. EnineSites does not disclose platform data in a form that identifies the Customer.

4.9 After the service ends. EnineSites keeps the Customer's content and visitor data for 12 months, so that the Customer can come back or ask for an export at any time in that period, and helps point the domain to a new host. The Customer may ask EnineSites to delete them sooner. After 12 months EnineSites deletes them, unless the law requires them to be kept longer, and emails the Customer at least 7 days before it does.

4.10 Security. EnineSites protects the Customer's content and data with reasonable security safeguards. If EnineSites confirms a security breach affecting them, it tells the Customer without undue delay, and within 72 hours.

4.11 Handling visitor data. EnineSites handles visitor data on the Customer's behalf. EnineSites:

• processes it only to provide the service, on the Customer's instructions;
• protects it with safeguards that include encryption in transit, access limited to staff who need it, and backups, and keeps records of who accessed the data for at least one year, even if the Customer asks for earlier deletion;
• tells the Customer of a breach affecting it, as section 4.10 states;
• helps the Customer respond to requests from individuals to access, correct, or erase their data;
• uses subprocessors, such as its hosting provider, only under written terms that protect the data at least as well as these terms, and names them on request; and
• keeps it after the service ends, and then deletes it, as section 4.9 sets out, and deletes it sooner if the Customer asks.

4.12 EnineSites may also use visitor data to secure the service and prevent fraud, and uses only aggregated or de-identified visitor data to improve the service. It never sells personal data or uses it for marketing to others. The Customer is responsible for giving its visitors the notices and obtaining the consents the law requires. If the site is aimed at children, or knowingly collects personal data from them, the Customer obtains the parental consent the law requires and does not use tracking or advertising the law forbids for children.

4.13 1E9 Advisors Private Limited, an Indian company under common control with EnineSites, builds and maintains the platform. It may handle the Customer's content and visitor data in India to provide the service.

5. Confidentiality

5.1 Each party keeps confidential the other's non-public information that it receives through the service, such as unpublished content and drafts, account credentials, and business, pricing, and customer information, and uses it only to provide or use the service. Each party makes sure its staff do the same. This does not cover information that is public through no fault of the receiving party, that it already had or develops independently, or that it receives lawfully from someone else. A party may disclose information when the law or a court requires it, and tells the other party first where the law allows. This duty continues after the service ends.

6. Responsibility and limits

6.1 EnineSites makes no promises about the service beyond those in these terms, and does not promise that it will be uninterrupted or error-free. Except as these terms state, EnineSites gives no warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. EnineSites keeps backups and, when something goes wrong, restores the site from them where it can. It is not liable for outages, downtime, or lost data. EnineSites is responsible for the work it performs, within the limits below. The Customer is responsible for the content it supplies or approves, including any legal or regulatory review. EnineSites does not guarantee search rankings or traffic.

6.2 EnineSites may use companies under common control with it, and subcontractors, to provide the service, and remains responsible for their work.

6.3 Neither party is liable for lost profits or other indirect losses. Each party's liability is limited to the fees the Customer paid EnineSites under its plan in the 12 months before the claim. This limit does not apply to fees the Customer owes, or to the Customer's indemnity. These limits, and the other exclusions in these terms, apply as far as the law allows. They do not cover gross negligence or willful misconduct, or anything else the law does not allow to be limited.

6.4 Indemnity. The Customer indemnifies EnineSites, its officers and staff, and companies under common control with it, against any loss, cost, or claim, including reasonable legal fees, that arises from the Customer's content or from the Customer breaking these terms or the law.

6.5 EnineSites tells the Customer promptly about any claim the indemnity covers.

6.6 Neither party is responsible for delays or failures caused by events outside its control, such as natural disasters, government action, strikes, or internet outages. This does not excuse payment.

6.7 Free plans. On a free plan, neither party can claim anything from the other. EnineSites may change or end a free plan at any time.

7. General

7.1 New York law applies to these terms. The parties first try to settle any dispute by talking. A dispute they cannot settle goes to the state or federal courts in New York County, New York, and each party agrees to their jurisdiction. Together with the Customer's plan, these terms replace any earlier discussion, and may be signed or accepted electronically.

7.2 Notices to EnineSites go to legal@eninesites.com. Notices to the Customer go to the email address on its account or in a signed EnineSites proposal. These parts still apply after the service ends: ownership, payment, the limits of liability, the indemnity, publicity, confidentiality, visitor data, and the export and deletion of content.

7.3 If an arbitrator or court strikes out part of these terms, the rest still applies. Neither party may transfer these terms without the other's consent, except that EnineSites may transfer them to a company under common control with it, or to a business that takes it over. Letting something go once does not give up the right to act on it later. Business days are Monday to Friday, excluding public holidays.

7.4 Changes to these terms. EnineSites may change these terms by publishing a new version on its website, and emails the Customer when it does. A change takes effect when it is published, and using the service after that accepts it. Fee changes follow section 2. A change does not apply to a claim that arose before it was published.

7.5 Changes to the service. EnineSites updates and improves the platform continually, and each change takes effect for all customers when it is released. A change may alter how a feature works, even significantly, but never removes or reduces a feature included in the Customer's plan.

7.6 Publicity. The Customer allows EnineSites to list the Customer as a client and show its logo, in its marketing and to prospective customers and investors, unless the Customer asks it not to.