Terms of Service

Last updated: March 1, 2026

These Terms of Service ("Terms") govern your use of the Fifth Nine website and services. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website.

Services

Fifth Nine provides technology consulting services, including but not limited to:

  • Part-time and fractional CTO services
  • AI and business automation consulting
  • Blockchain and cryptocurrency services
  • Cloud infrastructure and managed IT services
  • Cybersecurity solutions

Specific service terms, deliverables, timelines, and pricing are defined in individual service agreements between Fifth Nine and each client.

Use of Website

You agree to use our website only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the website in any way that violates applicable laws or regulations
  • Attempt to gain unauthorized access to any part of the website or its systems
  • Interfere with or disrupt the website's operation or infrastructure
  • Transmit any malicious code, viruses, or harmful content
  • Scrape, crawl, or otherwise extract data from the website without prior written permission
  • Impersonate any person or entity, or misrepresent your affiliation

Intellectual Property

All content on this website — including text, graphics, logos, images, software, and blog posts — is the property of Fifth Nine or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from our content without prior written consent. Limited excerpts may be used for non-commercial purposes with proper attribution and a link back to the original content.

AI-Generated Content

Some content on this website, including blog posts and informational resources, may be created or assisted by artificial intelligence tools. While we review AI-assisted content for accuracy, we do not guarantee that such content is error-free. AI-generated content is provided for informational purposes only and does not constitute professional advice.

Client Engagements

Consulting engagements are governed by separate service agreements executed between Fifth Nine and the client. These Terms apply to general website use and do not supersede any executed service agreement. In the event of a conflict between these Terms and a signed service agreement, the service agreement shall prevail.

Confidentiality

We take confidentiality seriously. Any proprietary or sensitive information shared during a consulting engagement will be treated as confidential unless otherwise agreed upon in writing. Confidentiality obligations survive the termination of any engagement.

Limitation of Liability

To the fullest extent permitted by law, Fifth Nine shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services, including but not limited to loss of profits, data, or business opportunities.

Our total aggregate liability for any claim arising from or related to these Terms or your use of the website shall not exceed the greater of (a) the amount paid by you to Fifth Nine for the specific services giving rise to the claim during the 12 months preceding the claim, or (b) one hundred US dollars ($100).

Disclaimer of Warranties

Our website and its content are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, error-free, secure, or free of harmful components.

Indemnification

You agree to indemnify, defend, and hold harmless Fifth Nine, its officers, directors, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from your violation of these Terms, your use of our website, or your infringement of any third-party rights.

Dispute Resolution

Any dispute arising from or relating to these Terms or your use of our website shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue resolution through binding arbitration administered under the rules of the American Arbitration Association (AAA), conducted in English. The arbitrator's decision shall be final and binding.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

Third-Party Links

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, accuracy, or availability of those websites. Inclusion of any link does not imply endorsement by Fifth Nine.

Termination

We reserve the right to restrict or terminate your access to our website at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any legal proceedings not subject to the arbitration clause above shall be brought in the state or federal courts located in Delaware.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Fifth Nine regarding your use of the website. These Terms supersede all prior or contemporaneous communications, proposals, and understandings, whether oral or written, relating to the website.

Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be effective when posted on this page with a revised "Last updated" date. Your continued use of the website after changes constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.

Contact Us

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

Fifth Nine
Email: hello@fifthnine.com
Website: fifthnine.com