Terms and Conditions of Service

1. Acceptance of Terms

1.1. By accessing or using the Service, you affirm that you are at least 18 years of age and have the legal capacity to enter into these Terms.

1.2. If you are using the Service on behalf of an organization, company, or other legal entity (“Organization”), you represent and warrant that you have the authority to bind that Organization to these Terms, and in such event, “you” and “your” will refer to that Organization. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service.

1.3. Your use of the Service may also be subject to Google’s Terms of Service, Google Business Profile Terms of Service, and the Google API Services User Data Policy, as applicable, which you are responsible for reviewing and complying with.

2. Definitions

2.1. “User” or “You”: Any individual or entity that accesses, registers for, or uses the Service, including any individuals you authorize to use the Service on your behalf.

2.2. “Content”: Any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials.

2.3. “User Content”: Any Content that you or your authorized users submit, post, transmit, or otherwise make available through the Service, including data from your connected GMB profiles.

2.4. “Service Data”: Any data generated by the Service itself, or by your use of the Service, excluding User Content but including aggregated and anonymized data.

2.5. “Intellectual Property Rights”: All patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence.

2.6. “Third-Party Services”: Any services, content, or applications provided by third parties that may be integrated with or accessed through the Service (e.g., Google My Business).

3. Service Description

3.1. The Service provides GMB management tools and solutions, which may include but are not limited to: Review monitoring, social media monitoring, brand mention tracking, sentiment analysis, response generation, analytics, customer feedback tools, GMB post scheduling, Q&A management, and listing information management.

3.2. We reserve the right to modify, suspend, or discontinue the Service, or any feature or functionality thereof, at any time with or without notice to you. However, we will endeavor to provide reasonable notice of any material changes or discontinuation. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3.3. The Service utilizes Google APIs. By using the Service, you agree to be bound by Google’s Terms of Service and the Google API Services User Data Policy, including the Limited Use requirements, as applicable.

4. Account Registration and Security

4.1. To access and use the Service, you must register for an account (“Account”) and provide certain information as prompted by the registration form.

4.2. You agree to provide true, accurate, current, and complete information, maintain and promptly update this information, and maintain the security of your password. You must notify us immediately at hello@9xlocal.com of any unauthorized use of your Account.

4.3. You are solely responsible for all activities that occur under your Account. 9x Innovations will not be liable for any loss or damage arising from your failure to comply with these security obligations.

5. Subscription, Fees, and Payments

5.1. Subscription Terms:

• The Service is offered on a subscription basis, billed in advance monthly or annually.
• Prices are subject to change upon 30 days’ notice.
• Automatic Renewal: Your subscription will automatically renew unless you cancel before the end of the current term.
• Cancellation: You may cancel your subscription at any time. Cancellations take effect at the end of the current term.
• No Refunds: Subscription fees are non-refundable, except as required by law.

5.2. Payment Terms:

• A valid payment method is required. You authorize us to charge your payment method for all applicable fees.
• If payment fails, we may suspend or terminate your access.
• All fees are exclusive of taxes, which are your responsibility.
• Late payments may be subject to interest charges.

6. User Responsibilities and Restrictions

6.1. You are solely responsible for your conduct, User Content, and communications while using the Service.

6.2. You agree NOT to use the Service to violate laws, infringe on rights, upload objectionable content, submit false information, impersonate others, attempt to gain unauthorized access, transmit malicious code, reverse engineer, resell, or interfere with the Service.

6.3. You will comply with all terms of Third-Party Services you use in connection with our Service, including Google's.

7. Intellectual Property Rights

7.1. Our Rights: The Service and all its underlying technology (“9x Innovations IP”) are the exclusive property of 9x Innovations LLC. We reserve all rights not expressly granted.

7.2. User Content Rights: You retain ownership of your User Content. You grant us a license to use your User Content solely to provide and improve the Service.

7.3. License to Use the Service: We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription term.

7.4. Aggregated Anonymous Data: We may use aggregated and anonymized Service Data for our business purposes and will own all rights to such data.

7.5. Feedback: You grant us a perpetual, irrevocable, royalty-free license to use any Feedback you provide.

8. Privacy and Data Protection

8.1. Privacy Policy: Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms.

8.2. Data Processing: To the extent we process personal data on your behalf, you are the “data controller” and we are the “data processor.” You are responsible for ensuring you have a lawful basis for processing User Content.

8.4. Google API Data: Our use of information from Google APIs adheres to the Google API Services User Data Policy, including its Limited Use requirements.

9. Confidentiality

9.1. “Confidential Information” includes non-public information disclosed by one party to the other. Your User Content is your Confidential Information; the Service is ours.

9.2. Each party agrees to protect the other’s Confidential Information and not to use or disclose it except as necessary under these Terms.

10. Warranty Disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, 9X INNOVATIONS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT RESULTS WILL BE ACCURATE OR RELIABLE.

11. Limitation of Liability

11.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 9X INNOVATIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, OR DATA.

11.2. Maximum Liability: OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100.00) OR (B) THE TOTAL FEES YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless 9x Innovations from any claims, losses, or damages arising from your use of the Service, your User Content, or your violation of these Terms or any third-party rights.

13. Term, Termination, and Data Deletion

13.1. Term: These Terms are effective until your subscription is terminated.

13.2. Termination by You: You may terminate your Account at any time.

13.3. Termination by Us: We may terminate your access with 30 days' notice for convenience, or immediately for cause (e.g., material breach, security risk, illegal activity).

13.4. Effect of Termination: Upon termination, your rights to use the Service cease, and you remain liable for accrued fees. Surviving sections will remain in effect.

13.5. Data Retention and Deletion: Upon termination, User Content is retained for 30 days, during which you may request an export. After this period, we will permanently delete your User Content from active systems, with backups deleted within 90 days thereafter.

14. Governing Law and Dispute Resolution

14.1. Governing Law: These Terms are governed by the laws of the State of Delaware, USA.

14.2. Dispute Resolution: You agree to first attempt to resolve any disputes informally by contacting hello@9xlocal.com. If not resolved within 30 days, any judicial proceeding will be brought in the federal or state courts of Wilmington, Delaware.

14.3. No Class Actions: YOU AND 9X INNOVATIONS AGREE TO BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION.

15. Changes to Terms

We reserve the right to modify these Terms. If a revision is material, we will provide at least 30 days’ notice. By continuing to use the Service after revisions become effective, you agree to be bound by the revised Terms.

16. General Provisions

These Terms, along with our Privacy Policy, constitute the entire agreement between you and 9x Innovations. If any provision is found invalid, the remaining provisions will remain in effect. You may not assign these Terms without our consent. We are not liable for events beyond our reasonable control (force majeure). The parties are independent contractors.

17. Contact Information

If you have any questions about these Terms, please contact us at:

9x Innovations LLC
Email: hello@9xlocal.com