IXTY9 LLC  |  Terms of Service

1. Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of all websites, platforms, products, software, tools, features, content, and services provided by IXTY9 LLC (“iXty9,” “we,” “us,” or “our”), including without limitation ixty9.com, ixty.ai, App iXty9, Ixty AI, iai-spark, any related domains/subdomains, APIs, SDKs, plug-ins, integrations, beta/preview features, and any successors, updates, or new services we may release now or in the future (collectively, the “Services”). By accessing or using the Services, creating an account, or clicking “Agree,” you accept and agree to be bound by these Terms and all applicable laws and regulations, and you represent that you have authority to bind the entity you represent (if any).

If you do not agree, do not use the Services. Supplemental terms (including our Privacy Policy, Acceptable Use Policy, and service-specific terms) may apply; if there is a conflict, the service-specific terms control. We may update these Terms at any time by posting a revised version with an updated “Last Updated” date, and your continued use of the Services after any change constitutes acceptance. You are responsible for compliance with all applicable local laws.

2. License and Access

• Grant. Subject to these Terms and any applicable order, IXTY9 LLC (“iXty9”) grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services (including ixty9.com, ixty.ai, Ixty AI, iai-spark, App iXty9, APIs, SDKs, and apps) for your personal or internal business purposes.
• Software/APIs. For any downloadable software, SDKs, or mobile apps, you may install and use one copy per authorized user/device as permitted. API keys are account-specific; keep them confidential. We may set or enforce rate limits and revoke access for abuse.
• Outputs. Subject to these Terms, you may use AI outputs for lawful purposes. You own your inputs; we and our licensors retain all rights in the Services, models, and system content. Verify third-party rights before relying on outputs.
• Restrictions. You will not: copy, modify, create derivatives of, translate, distribute, frame, mirror, or resell the Services; reverse engineer or decompile (except as permitted by law); scrape, harvest, bulk-export, or text/data-mine; bypass security or quotas; use for high-risk purposes; train or benchmark competing models; or use PHI or other regulated data. White-labeling or commercial redistribution requires our written consent.
• User Content. You retain ownership of your content. You grant iXty9 a worldwide, non-exclusive license to host, process, transmit, display, and modify your content as necessary to provide, secure, and improve the Services (including aggregated and de-identified analytics).
• Open Source. Open-source components are licensed under their respective licenses; those terms control where they conflict with these Terms.
• Reservation; Suspension. All rights not expressly granted are reserved by iXty9. We may suspend or terminate access for violations or risk to the Services.

3. Disclaimer; No Warranties

The Services—including all IXTY9 LLC (“iXty9,” “we,” “us,” “our”) websites, software, platforms, applications, APIs, SDKs, integrations, Ixty AI, iai-spark, App iXty9, features (including beta/preview), content, and any updates or successors—are provided “AS IS” and “AS AVAILABLE.”

To the maximum extent permitted by law, iXty9 makes no warranties of any kind, express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, satisfactory quality, accuracy, quiet enjoyment, or warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, iXty9 does not warrant that:

• the Services will be uninterrupted, timely, secure, error-free, or compatible with any device, browser, network, or integration;
• defects will be corrected or that the Services or servers are free of viruses or other harmful components;
• the Services will meet your requirements or achieve any particular results; or
• data will be preserved without loss, corruption, or unauthorized access.

AI/ML and Automation. Outputs generated by Ixty AI, iai-spark, App iXty9, or any automated features may be incorrect, incomplete, delayed, biased, or inappropriate and are provided for informational purposes only. They do not constitute legal, medical, financial, or other professional advice. You are solely responsible for evaluating and verifying outputs and for any decisions or actions taken based on them. The Services are not intended for life-critical or high-risk uses or for emergency communications.

Beta/Preview Features. Any beta, preview, or experimental features are provided for evaluation only and may be modified, suspended, or discontinued at any time without notice. Performance, availability, data retention, and support are not guaranteed.

Third-Party Services and Content. The Services may rely on, integrate with, or link to third-party services, data, models, content, or software that iXty9 does not control. iXty9 makes no warranties regarding third-party offerings, and your use of them is subject to their terms and policies.

Security. While we employ reasonable safeguards, iXty9 does not warrant or guarantee absolute security. You acknowledge the risks inherent in internet transmissions and agree to implement appropriate backups and security measures.

Regulated Data; HIPAA. iXty9 is not HIPAA compliant. Do not upload, store, or transmit Protected Health Information (PHI) or other regulated or sensitive data that requires specific handling under law or contract. iXty9 disclaims all responsibility arising from such prohibited use.

Jurisdictional Limits. Some jurisdictions do not allow the exclusion of certain warranties. In such cases, the foregoing disclaimers apply to the fullest extent permitted by applicable law.

4. Limitation of Liability

To the maximum extent permitted by law, in no event will IXTY9 LLC (“iXty9”), its affiliates, licensors, or service providers, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; or any loss of profits, revenue, business, goodwill, or data; service interruption; computer/device failure; cost of substitute goods or services; or security failures—arising out of or relating to the Services (including websites, software, platforms, APIs, Ixty AI, iai-spark, App iXty9, integrations, beta/preview features, and all updates/successors) or these Terms, whether based in contract, tort (including negligence), strict liability, product liability, statute, or any other legal theory, even if advised of the possibility of such damages or if a remedy fails of its essential purpose.

Without limiting the foregoing, iXty9 has no liability for: (a) errors, omissions, or outputs from AI/ML or automated features; (b) third-party services, data, models, or integrations; (c) unauthorized access, use, or alteration of transmissions or data not caused solely by iXty9; or (d) your failure to implement appropriate backups, security controls, or configuration.

Cap on Liability. iXty9’s aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of: (1) one hundred U.S. dollars (US $100); or (2) the amounts you paid to iXty9 for the specific Service giving rise to the claim during the twelve (12) months preceding the event first giving rise to liability. This cap is cumulative and not per incident.

Claims Period. Any claim must be filed within one (1) year after the cause of action accrues or be permanently barred.

Jurisdictional Limits. Some jurisdictions do not allow certain limitations or exclusions of liability; in such cases, the above applies to the fullest extent permitted by law. Nothing in this section limits liability that cannot be excluded under applicable law (e.g., for fraud or willful misconduct).

5. Accuracy of Materials; Updates and Availability
The Services—including all IXTY9 LLC (“iXty9”) websites, software, applications, AI/ML outputs (Ixty AI, iai-spark, App iXty9), documentation, and content—may include technical, typographical, photographic, or other errors, omissions, or outdated information. iXty9 does not warrant that any materials are accurate, complete, current, reliable, or suitable for any purpose and assumes no obligation to update, correct, or notify you of changes.

We may modify, improve, or discontinue content, features, specifications, models, datasets, or integrations at any time without notice. References to third-party services or content may be inaccurate or unavailable and are used at your own risk. AI/ML outputs are non-deterministic and may vary, contain errors, or be biased; verify independently before relying on them. If you spot an issue, please contact [email protected] or [email protected] .

6. Links; Third‑Party Services and Content

The Services may contain links to, or integrations with, third‑party websites, apps, platforms, models, datasets, payment processors, social media widgets, embeds, or content (collectively, “Third‑Party Services”). IXTY9 LLC (“iXty9”) does not control, review, endorse, or make any representations about Third‑Party Services and is not responsible for their content, policies, security, availability, or practices. Access and use are at your own risk and subject to the third party’s terms and privacy policies.

Additional terms:

• No Monitoring Duty: We are not obligated to monitor or update any Third‑Party Services and may remove links at any time.
• Transactions and Losses: iXty9 is not liable for any transactions, damages, data loss, or harm arising from or related to Third‑Party Services.
• AI‑Generated Links: AI outputs (Ixty AI, iai‑spark, App iXty9) may include links; accuracy, availability, and safety are not guaranteed—verify independently.
• User‑Generated Links: You are solely responsible for links you post or share via the Services; we may remove any at our discretion.
• Affiliate Disclosure: Some links may be affiliate/sponsored; compensation may be received; no endorsement is implied.
• Linking to iXty9: You may link to public pages in a fair, legal manner that does not suggest sponsorship or endorsement, does not frame/mirror our content, and does not harm our reputation. We may revoke permission at any time.

7. Modifications; Changes to Terms and Services

We may modify these Terms and any related policies (e.g., Privacy Policy, Acceptable Use, service-specific terms) at any time. Changes are effective upon posting an updated “Last Updated” date or as otherwise stated. For material changes, we may provide additional notice (e.g., email, in‑product, or on ixty9.com/ixty.ai). Your continued use of the Services constitutes acceptance.

We may modify, suspend, or discontinue any Service (including Ixty AI, iai‑spark, App iXty9, websites, APIs, integrations, or features—beta or otherwise) at any time, with or without notice, and without liability. We may impose or change limits, quotas, or fees with notice where required by applicable agreement. If you do not agree to the updated Terms, stop using the Services and, if applicable, cancel your account/subscription. In case of conflict, service‑specific terms control.

8. Governing Law
These Terms and any dispute related to the Services are governed by the laws of the State of Oklahoma, USA, without regard to conflict-of-laws rules and excluding the U.N. CISG. You irrevocably submit to the exclusive jurisdiction and venue of the state courts in Oklahoma County, Oklahoma, or the U.S. District Court for the Western District of Oklahoma, and waive any objection based on inconvenient forum or lack of personal jurisdiction. iXty9 may seek injunctive or equitable relief in any court of competent jurisdiction. To the extent permitted by law, each party waives jury trial and class/representative actions.