Terms of Service

This is an Agreement (“Agreement”) between 9yahds Inc. herein (“9yahds”), having an office and place of business at 1 Silverwood Terrace, South Hadley, MA 01075 and the entity agreeing to the terms herein (“Participant”, “You” or “you”). By using or accessing any part of the Service, You agree that You have read, understand, and agree to be bound by all of these terms and conditions. If You do not agree to all of these terms and conditions, You must not use or access the Service. If You are entering into this Agreement on behalf of a company, You represent that You have the authority to bind that company to the terms of this Agreement. The Services or Products may also have agreements of their own, including additional terms of use, privacy policies, etc. and you agree to comply with all these Product agreements. In the event of an inconsistency between this Agreement and any such Product agreements, those additional terms and conditions shall control.

Description of Service

We provide an online productivity solution (“Service” or “Services”). The Service is solely for Your business purposes and is offered and provided subject to the terms and conditions of this Agreement. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipments necessary to use the Services.

Modification of Terms of Service

9yahds reserves the right to update and change the Terms of Service upon notice from time to time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website www.9yahds.com. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at www.9yahds.com.

Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the Services for spamming and other illegal purposes; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.

Payment, Refund and Subscription terms

  1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
  2. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  3. The Service is billed on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds.
  4. Information on the subscription options and charges for all paid Services is available at our website. 9yahds reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge.
  5. In case of non-payment for any reason or any violation of these Terms and Conditions, 9yahds shall be entitled – without liability – to immediately eliminate Customer’s access to the Service and eliminate access to the service plan in question.

Data ownership & Privacy

With exception to processes you have explicitly ‘shared’ with the 9yahds Community, 9yahds does not own any data, information or material that you or other users submit to the Service in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all data that you submit. 9yahds shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data. But you grant 9yahds permission to access, copy, distribute, store, transmit, reformat, display and perform the content of your user account solely as required for the purpose of providing the Services to you.

Personal information you provide through the Service is governed by our Privacy Policy. Your election to use the Service indicates your acceptance of the terms of our Privacy Policy.

You hereby consent that, if You choose to become a paying customer of the service, 9yahds may identify You as an 9yahds customer (using Your name and logo) and generally describe the products or services it provides to You in its promotional materials, presentations, and proposals to other current and prospective customers.

If you cancel 9yahds subscription, your information is no longer used and 9yahds may delete your account and all of its data. Please note that some information like billing and subscription may remain with us for accounting and legal reasons. Additionally, your data may remain with us for the period of 90 days beyond which it is completely deleted.

Standard Account Terms

  1. Access to the Service is only available to the Customer and the Users to whom the Customer grants access, subject to the Customer making the applicable payments for the Service under this Agreement.
  2. Usernames and passwords are personal, and are to be considered part of Confidential Information. The Customer is at all times fully liable for all acts and omissions by Users whom the Customer has granted access and agrees to indemnify 9yahds for all claims and losses related to such acts and omissions.
  3. We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 90 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and backup of your data by email. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
  4. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Warranty Disclaimer:

9yahds will at all times reasonably attempt to achieve the highest possible availability and shortest possible access time of the Service, but no warranties of any kind, regarding any specific availability or time of access are granted. 9yahds is not responsible for any delays, delivery failures, or other damage resulting from limitations, delays, and other problems inherent in the user of the internet and electronic communications. The Service is provided on an “AS IS” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. 9yahds makes no warranty that (i) the Service is free of viruses or other harmful components; (ii) the Service will be error-free or uninterrupted (including, without limitation, interruptions that occur in the context of regularly scheduled maintenance); (iii) any information or advice obtained by You in connection with the Service will be accurate or complete; or (iv) the results of using the Service will meet Your requirements.

Limitation of Liability

IN NO EVENT SHALL 9yahds BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF 9yahds HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH 9yahds RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL 9yahds’ ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE

Other Terms

This agreement shall be governed by the laws of Nevada courts. For the purpose of resolving conflicts related to or arising out of this Agreement, both the parties agree that venue shall be in Nevada limits only, and, in addition, the parties hereby express consent to the jurisdiction of Courts of Nevada in the country of the United States of America. Notwithstanding anything to the contrary, 9yahds may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Last Updated: December 26, 2013