Terms of service

1. About these terms

These terms of service (the “Terms”) are an agreement between Ignite9 LLC (“Ignite9”, “we”, “us”) and the organization that uses Tenured (the “Customer”, “you”). If you accept these Terms on behalf of an organization, you confirm that you have authority to bind it. If the Customer and Ignite9 have signed an order form, statement of work or master agreement (an “Order”), the Order prevails where it conflicts with these Terms.

2. Definitions

• Service means Tenured: the hosted platform, its console, requester portal and chat, APIs, digital employees, connectors and documentation, as described in the applicable Order.
• Customer Data means data submitted to the Service by or for the Customer, including tickets, messages, records read from connected systems, configuration and files.
• Output means content the Service generates for the Customer, such as replies, analyses, work notes, proposed changes and summaries.
• Authorized User means a person the Customer allows to use the Service, including its staff, contractors and the requesters who contact its service desk.
• Third-Party Services means services the Service connects to that Ignite9 does not provide, including AI model providers, ticketing systems, business applications, identity providers, carriers and connector catalogue entries.

3. The Service

Tenured provides digital employees that take production support and service requests, follow them through the Customer’s connected systems, prepare work and keep records. Digital employees act only through the systems and tools the Customer connects and enables, under the approval rules, autonomy limits and data boundary the Customer configures. Features described as a pilot, preview or beta may change or end and are provided under section 12.

4. Accounts and administrators

The Customer designates administrators who control access, connections, approvals and settings. The Customer is responsible for its Authorized Users’ use of the Service, for keeping credentials secure, and for promptly notifying Ignite9 at legal@ignite9.io of any unauthorized access it becomes aware of.

5. Customer responsibilities

• Use the Service lawfully and in line with these Terms and the documentation.
• Hold the rights, licences and consents needed to connect each system and to have Tenured act in it, including compliance with the terms and API policies of those systems’ vendors. Tenured refuses calls to SAP systems until the Customer records that it holds the necessary authorization.
• Grant access on a least-privilege basis and configure approvals appropriate to the risk of each action.
• Inform requesters and other individuals that they interact with an AI system where the law requires it. Tenured labels the messages it writes, and the Customer chooses its channels and disclosure wording.
• For phone channels, use consent wording approved for each country in which calls are taken.
• Review Output before relying on it, as described in section 6.

6. AI, Output and human oversight

Output is generated by AI models and may be inaccurate, incomplete or unsuitable for a particular purpose. The Customer is responsible for reviewing Output and for the decisions and changes it approves. Tenured is designed so that changes to production systems wait for a person the Customer authorizes; the Customer must not configure the Service to remove human review where the law or the risk of an action requires it.

The Service is not intended for decisions that produce legal or similarly significant effects on individuals without human review, for operating systems whose failure could cause death, injury or environmental damage, or for legal, tax, medical or other professional advice.

7. Customer Data

As between the parties, the Customer owns Customer Data and Output generated for it. The Customer grants Ignite9 a non-exclusive licence to host, process, transmit and display Customer Data only as needed to provide, secure and support the Service and to comply with law. Ignite9 does not use Customer Data to train AI models. Ignite9 may use aggregated, de-identified usage and performance metrics that do not identify the Customer or any individual to operate and improve the Service.

The Customer selects the AI model providers and other Third-Party Services the Service uses on its behalf. Those providers process data under their own terms, and the Customer is responsible for reviewing them. The data boundary the Customer configures restricts which classes of data may be sent to each provider and location.

8. Data protection and security

Ignite9 maintains administrative, technical and organizational safeguards designed to protect Customer Data, as described in the Service’s security documentation. The Service is hosted on Google Cloud in the region stated in the Order or documentation. Where Ignite9 processes personal data on the Customer’s behalf, a data processing addendum available on request from legal@ignite9.io forms part of these Terms and prevails for that processing. A list of subprocessors is available on request.

Ignite9 will notify the Customer without undue delay after becoming aware of a security incident affecting Customer Data. Ignite9 does not claim any third-party certification unless an Order states otherwise.

9. Third-Party Services and connectors

The Service connects to Third-Party Services that Ignite9 does not control and is not responsible for, including their availability, accuracy, security and terms. The connector catalogue includes entries generated from public API and MCP directories; inclusion is not an endorsement, and each connector must be reviewed and enabled by the Customer before a digital employee may use it. Product and company names are trademarks of their owners and are used only to describe compatibility.

10. Acceptable use

The Customer and its Authorized Users must not:

• use the Service to break the law, infringe others’ rights, or process data they have no right to process;
• introduce malware, attempt to gain unauthorized access to the Service or to any system, or interfere with the Service’s security, limits or controls;
• reverse engineer the Service except where the law expressly permits it;
• load test, scan or probe the Service without Ignite9’s written consent;
• use the Service for AI practices prohibited by applicable law, or to harass, deceive or harm any person;
• use the Service in violation of export control or sanctions laws, or to build a competing service.

11. Availability and support

Ignite9 uses commercially reasonable efforts to keep the Service available, subject to planned maintenance and events outside its control. Service levels apply only where an Order states them. The AI desk can respond at any hour; people answer during the support hours stated in the Order. When an AI model provider is unavailable, the Service is designed to acknowledge and queue requests and hand them to people rather than stop.

12. Pilots, previews and trials

Pilots, previews, betas and trials are provided “as is”, may be changed or withdrawn at any time, and are excluded from any service levels and from the warranty in section 16. Customer Data in a trial may be deleted at its end unless the Customer subscribes.

13. Fees

Fees, usage limits and billing terms are set out in the Order. Fees are exclusive of taxes, which the Customer pays except for taxes on Ignite9’s income. If undisputed fees are more than 30 days overdue, Ignite9 may suspend the Service after giving at least 10 days’ notice.

14. Confidentiality

Each party will protect the other’s confidential information with at least reasonable care, use it only to perform under these Terms, and disclose it only to people who need to know it and are bound by similar obligations, or where the law requires after giving notice where permitted. Customer Data is the Customer’s confidential information.

15. Intellectual property and feedback

Ignite9 and its licensors own the Service, including its software, workflow templates and documentation, and all improvements to them. The Customer owns the skills, procedures and configuration it creates. If the Customer gives feedback, Ignite9 may use it without obligation. No rights are granted except those stated in these Terms.

16. Warranties and disclaimers

Ignite9 warrants that the Service will perform materially as described in its documentation during a paid subscription term. If it does not, Ignite9 will use reasonable efforts to correct the non-conformity, and if it cannot do so within a reasonable time, either party may terminate the affected subscription and Ignite9 will refund prepaid fees for the remaining term. Except as expressly stated in these Terms, the Service and Output are provided “as is”, and Ignite9 disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement and that the Service or Output will be error-free or uninterrupted.

17. Indemnification

Ignite9 will defend the Customer against third-party claims alleging that the Service, as provided by Ignite9, infringes intellectual property rights, and pay resulting damages and costs finally awarded or agreed in settlement. This does not apply to claims arising from Customer Data, Third-Party Services, combinations with items Ignite9 did not provide, or use in breach of these Terms. The Customer will defend Ignite9 against third-party claims arising from Customer Data, the Customer’s connected systems and rights to them, or use of the Service in breach of section 10. The indemnified party must give prompt notice, reasonable cooperation and control of the defence.

18. Limitation of liability

Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of their possibility. Each party’s total liability arising out of or relating to these Terms is limited to the fees paid and payable by the Customer for the Service in the 12 months before the event giving rise to the claim. These limits do not apply to the Customer’s payment obligations, a party’s indemnification obligations, breach of confidentiality, or a party’s gross negligence, wilful misconduct or fraud.

19. Term, suspension and termination

These Terms apply while the Customer uses the Service. Subscription terms are set out in the Order. Ignite9 may suspend access immediately where needed to prevent harm to the Service, other customers or third parties, to comply with law, or in response to a material breach of section 10, and will give notice and restore access as soon as the cause is resolved. Either party may terminate for material breach not cured within 30 days of written notice. After termination, the Customer may export its Customer Data for 30 days; Ignite9 then deletes it within 60 days, except copies kept in backups until they expire on their normal schedule or retained where the law requires.

20. Compliance

Each party will comply with anti-corruption, export control and sanctions laws applicable to it. The Customer will not make the Service available to any person or in any territory where that is prohibited.

21. Governing law and disputes

These Terms are governed by the laws of the State of New York, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. The state and federal courts located in New York County, New York have exclusive jurisdiction, and each party consents to them. Either party may seek injunctive relief in any competent court to protect its confidential information or intellectual property.

22. Changes to these Terms

Ignite9 may update these Terms. For material changes, Ignite9 will give subscribing customers at least 30 days’ notice before the change takes effect. Changes do not reduce commitments made in an Order during its current term.

23. General

Neither party may assign these Terms without the other’s consent, except to a successor in a merger, acquisition or sale of substantially all relevant assets. Neither party is liable for delay caused by events beyond its reasonable control. The parties are independent contractors. If a provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. These Terms and any Order are the entire agreement on their subject, and there are no third-party beneficiaries. Sections that by their nature should survive termination do so.

24. Notices and contact

Legal notices to Ignite9 go to legal@ignite9.io. Ignite9 sends notices to the administrator contact the Customer provides.