Terms of Service

Last updated: April 8, 2026

1. Acceptance of Terms

By accessing or using the SYSTEM9 platform, services, applications, or website located at system9.ai (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and “you” and “your” shall refer to that organization.

If you do not agree to these Terms, you may not access or use the Services. These Terms constitute a legally binding agreement between you and System9, Inc. (“SYSTEM9,” “we,” “us,” or “our”).

2. Account Terms

To use the Services, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and complete.
• Notify SYSTEM9 immediately of any unauthorized access to or use of your account.
• Ensure that all users within your organization comply with these Terms.

SYSTEM9 reserves the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period, subject to applicable notice requirements.

3. Use License

Subject to your compliance with these Terms and payment of all applicable fees, SYSTEM9 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes during the applicable subscription term. This license does not include the right to:

• Sublicense, resell, or distribute the Services to third parties.
• Modify, adapt, translate, or create derivative works based on the Services.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services.
• Use the Services in any manner that exceeds the scope of the license granted herein.

4. Subscriptions and Billing

4.1 Subscription Tiers

SYSTEM9 offers multiple subscription tiers, including Professional, Enterprise, and Government/Defense. Each tier provides different levels of features, support, and service commitments as described on our pricing page and in the applicable order form.

4.2 Usage-Based Pricing

Certain Services are billed on a usage-based model. Usage is metered according to the metrics defined in your order form or subscription agreement (e.g., data volume processed, number of nodes, API calls, or storage consumed). Metering data is collected automatically and made available through your account dashboard.

4.3 Payment Terms

Fees are due in accordance with the payment schedule specified in your order form. Unless otherwise stated, invoices are due net 30 days from the date of invoice. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. All fees are non-refundable except as expressly stated in these Terms or required by law.

4.4 Taxes

All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for all applicable taxes, except for taxes based on SYSTEM9's net income.

5. Data Ownership

You retain all rights, title, and interest in and to your data. SYSTEM9 does not acquire any ownership rights in your data by virtue of providing the Services. “Your Data” means any data, content, or materials that you or your authorized users submit, upload, or otherwise provide to the Services.

You grant SYSTEM9 a limited license to process your data solely to the extent necessary to provide, maintain, and improve the Services in accordance with these Terms and our Privacy Policy. SYSTEM9 will not access, use, or disclose your data except as necessary to provide the Services or as required by law.

6. Acceptable Use

Your use of the Services is subject to our Acceptable Use Policy, which is incorporated by reference into these Terms. You agree not to use the Services in any manner that violates the Acceptable Use Policy or any applicable law or regulation.

7. Intellectual Property

The Services, including all software, algorithms, interfaces, documentation, and related intellectual property, are and remain the exclusive property of SYSTEM9 and its licensors. Nothing in these Terms transfers any ownership rights in the Services to you. SYSTEM9 retains all patents, copyrights, trademarks, trade secrets, and other intellectual property rights in and to the Services.

You may provide feedback, suggestions, or recommendations regarding the Services (“Feedback”). You grant SYSTEM9 an unrestricted, irrevocable, perpetual, royalty-free license to use such Feedback for any purpose without obligation to you.

8. Confidentiality

Each party agrees that all non-public information disclosed by the other party in connection with these Terms (“Confidential Information”) shall be held in confidence and not disclosed to third parties, except to employees, contractors, or agents who have a need to know and are bound by confidentiality obligations no less restrictive than those contained herein.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) is rightfully obtained from a third party without restriction.

9. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SYSTEM9 DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you. In such jurisdictions, the warranties are limited to the fullest extent permitted by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SYSTEM9 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF SYSTEM9 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SYSTEM9'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO SYSTEM9 DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

11. Indemnification

You agree to indemnify, defend, and hold harmless SYSTEM9 and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your data or content.

SYSTEM9 agrees to indemnify and defend you from third-party claims alleging that the Services, as provided by SYSTEM9, infringe a valid patent, copyright, or trademark, subject to the conditions and limitations specified in your order form or enterprise agreement.

12. Government Users

If you are a U.S. Government end user, the Services are provided as “Commercial Computer Software” and “Commercial Computer Software Documentation” as defined in 48 C.F.R. Section 2.101, and pursuant to 48 C.F.R. Section 12.212 (for civilian agencies) or 48 C.F.R. Sections 227.7202-1 through 227.7202-4 (for Department of Defense agencies).

The following additional provisions apply to U.S. Government customers:

• FAR Compliance: SYSTEM9 complies with applicable Federal Acquisition Regulation (FAR) provisions, including FAR 52.227-14 (Rights in Data) and FAR 52.227-19 (Commercial Computer Software License).
• DFARS Compliance: For Department of Defense customers, SYSTEM9 complies with Defense Federal Acquisition Regulation Supplement (DFARS) provisions, including DFARS 252.227-7014 (Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation) and DFARS 252.204-7012 (Safeguarding Covered Defense Information).
• Government Contract Provisions: Where required by government contract, additional terms and conditions may be incorporated by reference into the applicable order form.

13. Export Controls

The Services may be subject to U.S. export control and sanctions laws, including the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce and the International Traffic in Arms Regulations (ITAR) administered by the U.S. Department of State. You agree to comply with all applicable export control laws and regulations.

You represent and warrant that: (a) you are not located in, or a resident or national of, any country subject to U.S. trade sanctions or embargoes; (b) you are not identified on any U.S. Government restricted party list; and (c) you will not use the Services for any purpose prohibited by applicable export control laws.

14. Termination

Either party may terminate these Terms: (a) upon thirty (30) days' written notice if the other party materially breaches these Terms and fails to cure such breach within the notice period; or (b) immediately if the other party becomes insolvent, files for bankruptcy, or ceases normal business operations.

Upon termination, your right to access and use the Services ceases immediately. SYSTEM9 will make your data available for export for a period of thirty (30) days following termination, after which SYSTEM9 may delete your data in accordance with our data retention practices. Sections that by their nature should survive termination (including Confidentiality, Intellectual Property, Limitation of Liability, and Indemnification) shall survive.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware.

For U.S. Government customers, these Terms are governed by applicable federal law. To the extent that state law applies, the laws of the State of Delaware shall govern without regard to conflict of laws principles.

16. Changes to Terms

SYSTEM9 reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the “Last updated” date. For enterprise and government customers, material changes will be communicated via email at least thirty (30) days prior to taking effect. Your continued use of the Services after the effective date of any changes constitutes acceptance of the updated Terms.

17. Contact

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

System9, Inc.
Email: contact@system9.ai
Website: system9.ai