Effective date: March 1, 2026
These Terms and Conditions are between you and Tethyx Media, LLC doing business as NinjaSite ("NinjaSite," "Company," "we," "us," or "our"). They govern NinjaSite.biz, NinjaSite.ai, and the related account, software, website creation and hosting, business outreach, membership, affiliate, referral, and support services that expressly incorporate these Terms (collectively, the "Services").
When you affirmatively accept these Terms through registration, checkout, an affiliate enrollment process, or another clearly identified acceptance mechanism, you agree to them. If you accept on behalf of a business, you represent that you have authority to bind that business, and "you" includes both you and that business as applicable. Merely placing a link to these Terms in a website footer does not replace an acceptance process where one is required.
The order or offer accepted at purchase identifies the product, price, billing interval, included services, and any product-specific conditions. The compensation schedule presented when you join an affiliate program identifies its commission terms. Those accepted terms form part of this agreement. Our Privacy Policy describes personal-information practices; our Earnings Disclaimer explains financial-result limitations. Neither document authorizes misleading statements or eliminates an express obligation in these Terms.
Mandatory law controls any conflict. A separately signed agreement controls the subject it expressly addresses; then the accepted product-specific offer controls its specific commercial terms; then these Terms apply. Section 12 controls the express $1,500 guarantee when that offer applies. Later website copy, an affiliate's promise, or an undisclosed dashboard change does not retroactively replace accepted terms.
You must be at least 18 years old, have legal capacity to contract, and be permitted to use the Services in your location. You must provide accurate identity, residence, contact, business, billing, and payout information and keep it current. You must not use an invented address, borrowed identity, unauthorized payment method, or false tax information to obtain access or compensation.
One affiliate account is permitted per individual or legal entity unless we approve an additional account in writing. You may not create, control, or coordinate additional accounts to duplicate a promotion, manipulate attribution, evade a suspension, or obtain a second guarantee payment for the same participation. Separate legitimate businesses or members of the same household may be asked to establish that they operate independently; shared internet access alone is not proof of fraud.
Keep credentials confidential and use supported team permissions instead of sharing an account. You are responsible for activities you authorize and must promptly notify support@ninjasite.ai of suspected compromise. We may verify identity, payment authority, or business ownership, request appropriate documents, and suspend access when reasonably necessary to address a specific security or fraud risk. We will not use verification to manufacture a forfeiture of an otherwise valid payment obligation.
NinjaSite provides technology and services that can help identify businesses, assemble business information, create and host websites, conduct authorized outreach, and track resulting activity and compensation. The particular functions available to you depend on your accepted plan and current lawful feature availability. A free account does not include paid services unless expressly stated.
Automation does not eliminate the need for accurate information, lawful instructions, appropriate review, or customer decisions. Businesses decide whether to respond, purchase, renew, or cancel. We do not promise a particular number of purchases, sales, profits, responses, search rankings, artificial intelligence recommendations, or retained customers except for a specific, express contractual undertaking such as Section 12.
The names "Partner," "Associate," "Advertiser," and similar program labels describe account roles. They do not by themselves create a legal partnership, employment relationship, agency, franchise, investment, fiduciary relationship, or authority to bind NinjaSite. Legal classification is determined by applicable law and the actual arrangement, not just this label.
Website features, revision rights, hosting, domain benefits, and support are those described in the accepted order. You must have authority to provide business information, request changes, claim a business website, or act for a business owner. You may not impersonate an owner or misrepresent that a business has approved a preview, testimonial, publication, or offer.
Business listings, reviews, photographs, and AI-generated drafts can be incomplete or inaccurate. Before authorizing publication or outreach, review the information reasonably available to you and report errors. Do not publish unverified licenses, certifications, insurance, ratings, service claims, prices, addresses, or customer statements. Public availability of a photograph, logo, or review does not automatically grant permission for every proposed use.
You retain rights you already hold in content you provide. You grant us a nonexclusive license to host, reproduce, format, adapt, transmit, and display that content as reasonably necessary to deliver the requested Services and your authorized promotions, subject to the Privacy Policy and applicable law. This is not a transfer of ownership of your business, customer data, or honest reviews. Promotional uses of your personal testimonial or image beyond the requested service require the appropriate authorization.
We and our licensors retain ownership of our software, templates, platform components, design systems, workflows, documentation, and other preexisting materials. Your order grants the rights needed to use the delivered website for its intended business purpose. Source-code delivery, platform portability, exclusive ownership of a design, and transfer of third-party licenses are included only if the accepted offer expressly provides them. We cannot transfer rights that belong to someone else.
Domain registration is subject to availability and registrar rules. Any included domain benefit, renewal responsibility, transfer conditions, and fees must be disclosed in the accepted offer. We will not condition transfer of a domain you own on a fee or restriction that was not properly agreed. Do not register a domain that infringes another party's rights.
You are responsible for your business's products, transactions, customer promises, and legally required notices. No general website service promises legal compliance, accessibility certification, or a specific search result. This does not relieve NinjaSite of obligations it expressly assumes or duties imposed on it by law.
A "Business Outreach Package" or "BOP" is the package described in the accepted offer. It may include business research, gathering authorized business materials, website preparation, design of an outreach piece, production, delivery, and associated response tracking. The actual included components and quantities must be disclosed before purchase. An email, text, website draft, search result, or link click is not automatically one completed BOP.
Credits represent a contractual right to request the designated Services. They are not a bank deposit, investment, transferable currency, or promise of income. Credits have no cash-redemption right except where the accepted offer or applicable law provides one. They may not be sold, transferred, pledged, or combined across accounts without our written approval.
Any credit expiration, subscription allowance reset, or restriction on use must be disclosed in the accepted offer. We will honor a previously purchased non-expiring credit commitment if one was made. A later policy change does not silently convert purchased credits into expiring credits.
Submission authorizes us and our fulfillment providers to perform the requested work and incur related costs. Review the business, destination, content, and campaign before submission. Once production or delivery has begun, a cancellation or revision may no longer be possible. Returned mail, an unanswered message, a business closure, or a recipient's decision not to buy does not by itself mean that properly ordered Services were not provided. A fulfillment failure attributable to us will be addressed under the accepted offer and applicable law.
The dashboard records searches, drafts, queued items, sent items, failures, credits, responses, and other activity. These statuses have different meanings. Records are evidence of performance, not conclusive proof immune from correction. Tell us about a discrepancy promptly and provide the relevant identifiers so we can investigate.
Co-Op products may pool fulfillment, assign business opportunities, or provide a defined number of qualifying responses. The accepted offer must identify the unit being purchased, its qualification criteria, whether any business assignment is exclusive, the relevant attribution period, and any replacement terms. A quoted response price is not a guaranteed cost per sale or customer.
A recorded response or clickthrough is not a purchase, assurance of genuine buying intent, or promise that a business will remain a customer. Filters may identify duplicates, automated activity, or invalid events. We may correct records using documented criteria, but we will not redefine a qualifying paid unit after the purchase to avoid fulfillment.
Where the offer promises exclusive assignment or commission attribution for a business, we will apply that promise as described. It does not transfer ownership of the business or prevent its owner from choosing another provider. A clickthrough purchase does not count as sending 100 BOPs under Section 12 unless actual qualifying BOP sends are attributed to your account within the guarantee period.
Prices, taxes, payment schedules, and included quantities are disclosed at checkout or in the accepted order. You authorize the specific charge shown and any recurring charges you expressly authorize. A free trial, discounted period, annual commitment, or automatic renewal must disclose its material terms before enrollment. Optional products and order additions require the applicable affirmative authorization.
You may cancel a recurring subscription through the available account or payment-provider cancellation control, or by contacting support@ninjasite.ai . Cancellation stops future renewals in accordance with the disclosed billing terms and applicable law; it does not necessarily refund a properly incurred charge or cancel a separately accepted fixed installment obligation. Deleting a browser application, failing to log in, or not using purchased credits does not itself cancel billing. We will not impose unnecessary obstacles to cancellation.
We may change prices for future orders or renewals after the notice and consent required by the accepted offer and applicable law. A price change does not alter a completed purchase retroactively. If a change is unacceptable, you may cancel the affected future renewal before it occurs.
Whop or another identified provider may process charges or payouts. A buy now, pay later arrangement is a separate agreement with the identified financing provider; NinjaSite does not determine credit approval or waive the provider's lawful obligations. Choosing financing does not remove statutory cancellation or dispute rights. Any provider terms apply to its own services and do not eliminate NinjaSite's obligations for its own sale.
Unless a more favorable product-specific offer or mandatory law applies, the proposed standard refund policy is the following: you may request a refund within 72 hours after an initial purchase only if none of the purchased Services, credits, or package components has been used or fulfilled. Once any portion has been used or fulfillment has begun at your request, the purchase is nonrefundable except as stated below.
Renewal charges, completed work, used credits, fulfilled outreach, and delivered response or assignment units are nonrefundable except where the accepted offer or applicable law requires otherwise. If NinjaSite cannot provide a purchased service and no agreed substitute is accepted, we will provide the remedy required by the accepted offer or law. This section does not exclude remedies for unauthorized charges, material misrepresentation, defective performance, or statutory cancellation rights that cannot be waived.
The conditional $1,500 payment in Section 12 is a separate performance guarantee, not an automatic refund of all fees and expenses. A refund and a guarantee claim are evaluated under their respective terms, without double recovery of the same obligation. Requesting a refund or disputing a charge in good faith does not automatically forfeit unrelated commissions or an otherwise valid guarantee claim.
Contact support@ninjasite.ai about a billing error so we can investigate. We may contest a false or abusive chargeback with accurate records and may suspend the disputed service where appropriate. Nothing requires you to surrender lawful cardholder, bank, financing, payment-provider, or regulatory complaint rights. A commission based on a transaction actually refunded, reversed, or unpaid may be adjusted under Section 10.
Only approved affiliates may participate in the compensation program applicable to their account. You operate independently and bear your own expenses, taxes, registrations, and obligations. You have no authority to enter a contract, incur a debt, make a representation, promise a refund, modify a guarantee, or accept money on behalf of NinjaSite unless we expressly authorize it in writing.
Use only authorized referral identifiers and approved branding in the manner permitted by your program. Do not register domains, social handles, groups, advertising accounts, or business names that misleadingly appear to be official NinjaSite properties. Descriptive references permitted by law are not prohibited, but you must make your independent status clear. Brand bidding, misleading comparison advertising, unauthorized paid campaigns, and use of third-party trademarks require compliance with the published campaign rules and applicable law.
You must accurately describe the product being sold, actual charges, recurring billing, material limitations, compensation eligibility, and guarantee conditions. Do not characterize a paid feature as free, imply that a prospect has already agreed to participate, or claim guaranteed profit, a salary, employment, effortless income, or a typical earnings result that is not substantiated and authorized.
Clear affiliate disclosures are required wherever a material connection would affect how an audience evaluates your recommendation. A disclosure should be understandable and close to the endorsement or referral link. For example: "I may earn a commission if you purchase through my link." Video or live endorsements require disclosures appropriate to that format; a buried profile statement or generic terms link is insufficient. Use a platform's paid-promotion tools when required in addition to the disclosure itself.
You may not fabricate testimonials, alter earnings screenshots to mislead, attribute another person's results to yourself, use AI-generated identities as real customers, or compensate someone for a false endorsement. Do not republish a claim merely because another affiliate has used it. We may require correction or removal of noncompliant promotional material and may suspend the affected campaign or account.
The accepted compensation schedule identifies eligible products, rates, commissionable amounts, attribution rules, payout timing, reserves, fees, and any prospective eligibility conditions. This agreement does not invent a commission percentage, payout minimum, or hold period absent from that schedule. A dashboard estimate is not a guarantee that an underlying transaction will qualify.
Compensation is earned only for the bona fide activity identified in the applicable plan, such as a valid qualifying purchase, and subject to disclosed settlement and refund conditions. No commission is earned merely for creating a duplicate account or an unqualified referral. We do not authorize compensation solely for recruiting a person without the qualifying transaction or service described in the plan.
Attribution uses the disclosed link, cookie, code, assignment, or other program rules. Use the correct identifiers and preserve required disclosures. Device changes, blocked cookies, incorrect links, and unauthorized interference can affect tracking. Report suspected errors with evidence promptly; we will consider reliable transaction evidence rather than treating the dashboard as infallible. An account may not own a prospect or every future transaction merely because it first introduced that prospect.
We may reverse compensation attributable to an actual refund, chargeback, failed collection, duplicate, unauthorized purchase, fraudulent activity, or other specific disqualification in the accepted plan. We may offset a documented related overpayment against amounts lawfully payable.
We may reasonably delay the affected payout while verifying identity, tax information, payment settlement, or specific suspected fraud. Such suspected fraud is at the sole discretion of Tethyx Media, LLC, and cannot be reversed.
You are responsible for applicable taxes. Required identity, tax, and payout verification must be completed through the designated secure process. Failure to supply legally necessary information may prevent payment until corrected, but does not by itself turn a valid earned commission into Company property.
We may modify or discontinue a program prospectively with notice required by the agreement or law. Changes may retroactively reduce commissions already earned under the applicable schedule. We do not promise that a program or revenue stream will continue forever.
You must not use bots, fabricated customers, self-referrals prohibited by the plan, coordinated sham transactions, stolen payment methods, unauthorized redirects, cookie stuffing, hidden frames, fake traffic, duplicate submissions, or other manipulation to obtain credits, attribution, commissions, prizes, or a guarantee payment. You must not create fraudulent earnings to change another participant's eligibility.
Do not scrape restricted platform data, bypass authentication or rate limits, reverse-engineer protected software except as law permits, interfere with security, introduce malware, use another account without authorization, or resell access or prospect data outside the permissions of your plan. A limited right to promote NinjaSite does not authorize copying its software or building a competing database from restricted records.
For communications you independently initiate, supply, or control, you must maintain the necessary rights, notices, and consents, identify the sender accurately, follow applicable email, telephone, text, advertising, privacy, and do-not-contact rules, and promptly honor suppression requests. A publicly listed business number is not blanket consent to automated marketing texts. Do not upload purchased or scraped personal lists into a messaging system unless the proposed use is lawful and approved.
Commercial email must use accurate sender and subject information, identify its commercial nature as required, include a valid postal address and functioning unsubscribe process, and honor opt-outs within the applicable deadline. Automated calling or texting requires the consent and other safeguards applicable to the technology, purpose, and recipient. No clause transfers away NinjaSite's own statutory responsibilities for communications it initiates or controls.
You must not use our services to infringe intellectual property, publish unlawful personal information, impersonate a business, threaten or harass people, facilitate unlawful discrimination, or make knowingly false factual statements. This does not prohibit truthful criticism, lawful opinion, good-faith complaints, regulator reports, whistleblowing, or cooperation with legal proceedings.
12A The promise
If the $1,500 guarantee was expressly included in the offer you accepted, you send at least 100 qualifying Business Outreach Packages during your first 30 days as defined below, and you earn no Qualifying Earnings during that period, we will pay you US $1,500 after verification under this section. Your dashboard records the qualifying BOP sends. This is the specific meaning of the offer "You Either Make Money Or We Pay You $1,500."
Any positive amount of qualifying earnings, including us $0.01, satisfies the earnings condition and makes you ineligible for the $1,500 payment. Qualifying earnings are measured before your business expenses and taxes. You can earn money and still have a net loss. This guarantee does not promise $1,500 in earnings, a minimum profit, recovery of your purchase price, or reimbursement of every expense.
The expression "No Risk" does not mean that participation has no cost or that every person can recover all spending. The offer has the specific conditions in this section, which must be disclosed clearly with the guarantee before purchase. You cannot choose the $1,500 payment instead of earnings you actually earn.
12B Eligible offer and measurement period
The guarantee applies to new Partner level members only who join and send the 100 Business Outreach Packages in the first 30 days. It is available once per participating individual or business for the initial eligible enrollment only.
Your "Start Time" is the time the eligible enrollment becomes effective and your account has the purchased access and BOP credits needed to begin. The "Measurement Period" is the 30 consecutive 24-hour periods beginning at that Start Time. An earlier free registration does not consume a paid offer's guarantee period.
If a material failure of our platform prevents you from sending qualifying BOPs, we will reasonably extend the deadline by the period of documented prevention at our sole discretion. We will not count a period in which our failure prevents performance against you without an appropriate adjustment. Report the problem promptly so it can be documented and addressed.
12C What following the system requires
You must send at least 100 qualifying BOPs within the Measurement Period. A qualifying send is a genuine BOP for a real business that the platform records as dispatched or sent under the applicable fulfillment workflow. A search, unsent draft, item remaining only in a queue, canceled item, or test transaction is not a send.
Included, bonus, and separately purchased BOP credits count on the same basis when they result in qualifying sends. We do not require an additional credit purchase if the eligible offer already includes enough credits to meet the requirement.
Duplicate or artificial sends made solely to manufacture eligibility do not count. A genuine send that is later returned or fails to produce a customer still counts when it met the platform's approved requirements and the failure was not caused by your fraud or intentional falsification. An owner is not required to open, click, or purchase for that genuine send to count.
This section does not add a daily sending quota, required training attendance, webinar attendance, a positive review, recruitment requirement, or a minimum number of owner conversations. Those are not undisclosed conditions of this guarantee. Your general obligation to avoid fraud and unlawful conduct remains in effect.
12D What counts as money earned
"Qualifying Earnings" means any positive monetary compensation actually earned by you from bona fide NinjaSite program activity during the Measurement Period, including a website-customer commission, product-referral commission, recurring commission, or other genuine performance-based cash compensation under an applicable accepted NinjaSite plan. The transaction need not arise from one of the 100 BOPs.
An amount is earned when you have a valid entitlement to it under the applicable compensation terms. An amount that is earned and payable can count even if you have not requested withdrawal, a disclosed payout minimum has not been reached, or routine payout processing has not finished. Deliberately leaving valid earnings in an account does not create eligibility for the $1,500 payment.
An estimated commission, unresolved conditional commission, invalid transaction, or commission that is canceled or reversed before becoming earned does not count. A refund of your own payment, unused credits, noncash bonus credits, a test entry, an internal bookkeeping adjustment, or a token payment assigned merely to defeat the guarantee does not count and may result in immediate termination of your account.
The amount is measured before your membership fees, BOP purchases, advertising, tools, financing costs, other business expenses, and taxes. Later verification may establish that an amount was actually earned during the period.
12E Examples of the rule
12F Limits and protection of the promise
We may deny a claim supported by duplicate participation, fabricated records, intentional manipulation, unauthorized transactions, or other material fraud affecting eligibility. A minor unrelated issue, lawful complaint, subscription cancellation after completing the required period, or refusal to make another purchase may void a claim.
The offer does not require a second paid billing period to submit or receive a valid claim after completion of the first 30 days. Changes made after your eligible enrollment cannot retroactively narrow the guarantee you accepted. The general warranty disclaimers, force-majeure provision, and $100 liability cap do not erase or reduce a valid $1,500 payment obligation.
Subject to the accepted plan, we grant you a limited, nonexclusive, nontransferable right to access the Services for their authorized purposes during your permitted access period. Approved affiliates may use the authorized promotional assets for approved commercial promotion. This limited commercial permission does not grant ownership of our brand, software, or restricted information.
Except for your own content and rights expressly granted, you may not reproduce, redistribute, license, sell, or materially alter our proprietary materials without permission. Preserve required ownership notices. Restrictions apply only to the extent lawful and do not prohibit rights that applicable law makes nonwaivable.
You may voluntarily provide feedback or suggestions. You give us permission to use that feedback to improve the Services without an obligation to pay for such suggestions. This permission does not transfer copyright in an honest consumer review, override a confidentiality agreement, or grant unrelated rights in personal information.
Nonpublic credentials, restricted prospect lists, private customer records, security information, and confidential business or technical information disclosed through your account must be used only for authorized program purposes. Do not disclose them to an unauthorized person, sell them, or use them to bypass privacy choices or platform restrictions. Protect such information with reasonable care and promptly report unauthorized access.
These restrictions do not cover information lawfully public through no breach, independently developed without restricted information, lawfully received without a confidentiality duty, or disclosed with permission.
We may review relevant account activity, submitted content, promotions, fulfillment, and transactions to protect the Services and enforce these Terms, consistent with the Privacy Policy and law. We may remove prohibited material, correct errors, reject unauthorized instructions, or restrict a risky function. We do not guarantee advance review of every affiliate promotion or piece of generated content.
Where reasonably feasible, we will identify a correctable breach and an appropriate opportunity to fix it. We may act immediately for security threats, material fraud, unlawful activity, nonpayment for the affected service, or imminent harm. Decisions affecting compensation or guarantee eligibility must be grounded in relevant records and the accepted terms rather than an unexplained claim of absolute discretion.
You may stop using the Services and cancel subscriptions at any time. We may suspend or terminate access for a material breach, unlawful use, suspected fraud, serious security risk, or failure to pay a valid charge. We may discontinue a service at any time and at our sole discretion.
On termination, your right to use restricted platform resources and affiliate promotional assets ends. Remove materials that falsely imply an active authorized relationship and cease use of restricted prospect or customer information. Rights to your own content, required records, and any website or domain rights expressly granted survive according to the applicable agreement.
Termination may constitute the automatic confiscation of earned and non-earned commissions. We may exclude transactions actually affected by suspected fraud or another disqualification. Subscription cancellation and account-data deletion are separate processes, and data handling remains subject to the Privacy Policy.
Payment obligations already incurred, permitted confidentiality restrictions, intellectual-property rights, and the dispute and liability provisions survive to the extent relevant and lawful.
The Services depend in part on independent payment, hosting, data, AI, registrar, communications, printing, mailing, and other providers. Their availability, approvals, processing times, content, and decisions are not fully within our control. A link to a third-party resource is not a blanket endorsement or assumption of that provider's obligations.
We are not responsible for delay or failure to perform caused by an event beyond our reasonable control to the extent it actually prevents performance, such as a natural disaster, government restriction, widespread infrastructure failure, or provider outage. We will take reasonable steps to mitigate material effects.
Send service concerns and legal notices to support@ninjasite.ai . We may request relevant records to help resolve the issue.
Threats, impersonation, making false or defamatory statements, making a false or disparaging claim online, unlawful disclosure of private information, and infringement may result in the immediate termination of members account and immediate removal of all commissions.
Report alleged intellectual-property infringement to ip@ninjasite.ai Identify the protected work, the allegedly infringing material and its location, your authority, and contact information. We may investigate, remove or restrict material, notify the affected user, and follow applicable notice and counter-notice procedures. If a statutory designated agent is required for a claimed safe harbor, the Company must register and publish that agent separately.
To the extent permitted by law, you will defend, indemnify, and hold the Company and its officers, employees, and authorized service personnel harmless from third-party claims and resulting losses, judgments, settlements, and defense costs caused by your material breach of these Terms, unlawful independent promotion or outreach, fraud, infringement by content you supply without rights, or unauthorized acts on our behalf.
Unless expressly stated in Section 12 or another signed undertaking, we do not guarantee earnings, profit, return of spending, customers, conversion rates, business value, or future income. Historical results, testimonials, calculations, and examples require appropriate context and are not a representation that you will achieve the same outcome. The Earnings Disclaimer forms part of the disclosures for financial-result representations.
You decide whether and how much to spend. Consider all membership, outreach, advertising, tools, financing, labor, and tax costs. A gross commission is not the same as net profit. No general disclaimer authorizes a false claim or nullifies an express promise made to you.
Except for express commitments in the accepted order, these terms, and rights required by law, the services and available content are provided "as is" and "as available." to the maximum extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and warranties arising from course of dealing or usage of trade.
We do not warrant that every feature will be uninterrupted, error-free, compatible with every device, or free from every security threat, or that ai output, third-party data, or prospect information will always be accurate. We do not warrant a particular business or financial result.
The company and its officers, employees, and authorized service personnel will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or lost anticipated profits, lost business opportunities, or loss of goodwill arising from the services or this agreement, whether based on contract, tort including negligence, or another legal theory, even if advised that such loss could occur.
Under this agreement, the total aggregate liability of those parties to you for all claims arising from or relating to the services, websites, membership, affiliate program, or this agreement will not exceed USD $100 in total. The limit is not $100 per claim, transaction, website, account, or legal theory.
23A Notice and informal resolution
Before filing an ordinary civil claim covered by this section, the complaining party will send a written notice describing the dispute, relevant account or transaction, and requested relief. Notices to NinjaSite go to Legal@ninjasite.ai. We will send notices to your current account email or address. Do not include unnecessary sensitive information.
23B Required mediation
If informal resolution does not resolve the dispute, either party may request individual, confidential mediation before a neutral mediator. Mediation is a facilitated settlement discussion, not binding arbitration, and the mediator cannot impose a judgment. A settlement binds a party only if that party agrees to it.
Mediation must occur in-person and session may take place in Austin, Texas, by agreement, subject to any venue or accessibility protection required by law. A remote option will be available where requiring travel would unreasonably prevent participation.
Mediation communications remain confidential to the extent provided by applicable law and any lawful mediation agreement. Confidentiality does not restrict protected reporting to a regulator or disclosure required by law. The parties agree to toll applicable contractual limitation periods during this required process and, to the extent legally permitted, applicable statutory periods. A protective filing to preserve a deadline is permitted.
23C Exceptions and court access
Either party may not bring an eligible individual claim in small-claims court without first completing mediation.
23D Class and collective action waiver
To the maximum extent permitted by applicable law, you and ninjasite agree to bring claims against each other only in your or its individual capacity. Neither party will seek to litigate as a plaintiff or class member in a class or collective action against the other or combine unrelated participants' claims in a representative proceeding without all affected parties' written consent.
23E Governing law and venue
Texas law governs this agreement. Subject to the small-claims exception and mandatory venue protections, court proceedings will be brought in the state courts of Austin, Texas. The parties consent to those courts to the extent lawful.
We may update these Terms and at any time without notice or notification.
You may not assign this agreement or transfer an account without our written consent. NinjaSite may assign it in a reorganization, merger, or transfer of the relevant business, provided existing contractual obligations and privacy protections remain enforceable.
Failure to enforce a provision once is not a permanent waiver. If a provision is invalid, it will be severed or enforced only to the extent legally permitted, and the remaining agreement will continue where its essential purpose can still be carried out. Nothing creates an unintended third-party beneficiary except for the persons expressly protected by the liability and indemnity provisions to their lawful extent.
These Terms, the accepted order, applicable compensation schedule, and expressly incorporated documents form the agreement on their subject. They do not exclude a claim for fraud or nullify a material promise merely because it appeared in advertising. No affiliate may amend this agreement on the Company's behalf.
Company: Tethyx Media, LLC doing business as NinjaSite Customer support and cancellations: support@ninjasite.ai Legal notices: Legal@ninjasite.ai