Terms and Conditions of Service

Welcome to 9xClinic (operated by 9x Innovations LLC)! These Terms and Conditions of Service (“Terms”) govern your access to and use of 9x Innovations LLC’s (“9x Innovations,” “we,” “our,” or “us”) AI-powered patient acquisition platform, including any associated websites, APIs, and services (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING, USING, OR REGISTERING FOR THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE 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.

1.3. Your use of the Service is also 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.

2.2. “Content”: Any information, data, text, graphics, video, messages, or other materials.

2.3. “User Content”: Any Content that you submit or make available through the Service, including data from your connected Google Business Profile(s).

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. “Third-Party Services”: Any services or content provided by third parties that integrate with the Service (e.g., Google Business Profile).

3. Service Description

3.1. The Service provides an AI-powered patient acquisition platform for medical practices, which may include but is not limited to: Local SEO management, online reputation and review management, social media content generation, business citation management, website management, analytics dashboards, and management of Google Business Profile (GMB) information.

3.2. We reserve the right to modify, suspend, or discontinue the Service (or any feature) at any time. We will endeavor to provide reasonable notice of any material changes and will not be liable for such modifications.

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.

4. Account Registration and Security

4.1. To use the Service, you must register for an account (“Account”) and provide accurate and complete information.

4.2. You agree to maintain and promptly update this information and to keep your password secure. You must notify us immediately at hello@9xclinic.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 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 (e.g., monthly, annually) according to your selected plan.
• 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 through your account settings or by contacting support. Cancellations take effect at the end of the current billing term.
• No Refunds: Subscription fees are non-refundable, except as expressly stated in our policies or 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 until payment is received.
• All fees are exclusive of taxes, which are your responsibility.

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:

• In any way that violates any applicable law or regulation.
• To infringe upon or violate our intellectual property rights or those of others.
• To upload or transmit any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.
• To submit false or misleading information.
• To impersonate any person or entity.
• To attempt to gain unauthorized access to the Service or its related systems.
• To transmit viruses, worms, or other destructive code.
• To reverse engineer, decompile, or otherwise attempt to discover the source code of the Service.
• To rent, lease, sell, or sublicense the Service to any third party, except as permitted by your plan.

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

7. Intellectual Property Rights

7.1. Our Rights: The Service and all its elements (“9x Innovations IP”) are the property of 9x Innovations LLC or its licensors and are protected by intellectual property laws. We reserve all rights not expressly granted.

7.2. User Content Rights: You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your User Content solely to provide and improve the Service.

7.3. License to Use the Service: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription.

7.4. Aggregated Anonymous Data: We may collect and analyze aggregated, anonymized data derived from your use of the Service (Service Data) for analytics and improving the Service. We own all rights to such aggregated data.

7.5. Feedback: If you provide us with suggestions or feedback (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit such Feedback for any purpose without restriction.

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 by reference into these Terms.

8.2. Data Processing: To the extent we process personal data within User Content 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 via the Service.

8.3. Google API Data: Our use and transfer of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

9. Confidentiality

9.1. Definition: “Confidential Information” means all non-public information disclosed by one party (“Discloser”) to the other (“Recipient”) that is designated as confidential or should reasonably be understood to be confidential. Your User Content is your Confidential Information; the Service and its pricing are our Confidential Information.

9.2. Obligations: The Recipient agrees to use reasonable care to protect the Discloser’s Confidential Information, not use it outside the scope of these Terms, and limit access to those who need to know. This does not apply to information that is publicly known, already known, rightfully received from a third party, or independently developed.

9.3. Compelled Disclosure: The Recipient may disclose Confidential Information if required by law, provided the Recipient gives the Discloser prior notice (if permitted) and reasonable assistance.

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, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED WILL BE ACCURATE OR RELIABLE.

11. Limitation of Liability

11.1. Disclaimer of Certain Damages: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 9X INNOVATIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA) ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

11.2. Cap on Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100.00) OR (B) THE TOTAL FEES YOU PAID TO 9X INNOVATIONS FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11.3. Basis of the Bargain: This allocation of risk is an essential element of the basis of the bargain between the parties.

12. Indemnification

You agree to indemnify, defend, and hold harmless 9x Innovations and its affiliates, officers, and employees from any claims, liabilities, damages, and costs (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any applicable laws or third-party rights.

13. Term, Termination, and Data Deletion

13.1. Term: These Terms commence when you accept them and continue for your subscription term, including renewals.

13.2. Termination by You: You may terminate your Account at any time. Termination is effective at the end of your current billing cycle.

13.3. Termination by Us: We may suspend or terminate your access immediately if you materially breach these Terms, pose a security risk, engage in illegal activities, or if required by law.

13.4. Effect of Termination: Upon termination, your license rights cease. Sections on Intellectual Property, Confidentiality, Disclaimers, Liability, Indemnification, and Governing Law will survive.

13.5. Data Retention and Deletion: Upon termination, we will retain your User Content for thirty (30) days. After this 30-day period, we will permanently delete your User Content from active systems. Backups will be deleted per our standard rotation (typically within 90 days). We may retain aggregated, anonymized Service Data indefinitely.

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. Informal Dispute Resolution: Before filing a claim, you agree to try to resolve the dispute informally by contacting hello@9xclinic.com. We will try to resolve it by contacting you. If not resolved in 30 days, either party may bring a formal proceeding.

14.3. Jurisdiction: Any judicial proceeding will be brought in the federal or state courts located in Wilmington, Delaware. Both parties consent to venue and personal jurisdiction there.

14.4. NO CLASS ACTIONS: YOU AND 9X INNOVATIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. Changes to Terms

We reserve the right to modify these Terms. If a change materially modifies your rights, we will provide reasonable notice (e.g., via email or in-app notification). Your continued use of the Service after changes become effective indicates your agreement to the new Terms.

16. General Provisions

These Terms, with the Privacy Policy, constitute the entire agreement between you and 9x Innovations. These Terms may not be assigned by you without our consent. We may assign these Terms at any time. Failure to enforce any provision is not a waiver of our right to do so later. If any part of these Terms is held invalid, the remaining parts will remain in full force. We are not liable for delays or failures caused by events beyond our reasonable control. The relationship between us is that of independent contractors.

17. Contact Information

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

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