Niner — Terms of Service & End User License Agreement

Effective Date: October 8, 2026
Last Updated: October 8, 2026

These Terms of Service and End User License Agreement (collectively, the "Terms") are a binding legal agreement between you ("you" or "User") and Joseph Jacoby ("Niner," "we," "us," or "our"), the developer of the Niner mobile application and related services (collectively, the "Service"). The Service is distributed exclusively through the Apple App Store for use on Apple-branded devices: iPhone, with an optional Apple Watch companion.

PLEASE READ THESE TERMS CAREFULLY. By downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not download, install, or use the Service.

IMPORTANT — NOT FOR EMERGENCIES. Niner is a recreational and personal-communication push-to-talk application that depends on the public internet. Niner is NOT a telephone service and is NOT a substitute for your wireless carrier, landline telephone, or any emergency-calling capability. Niner does not, and cannot, connect you to 911, 112, 999, or any other public-safety answering point or emergency service. See Section 3 below.

1. Acceptance of These Terms & Eligibility

1.1 Agreement

By creating an account, completing onboarding, tapping any control that indicates acceptance (for example, an "I agree to the Terms of Service and Privacy Policy" affirmation), or otherwise using the Service, you agree to these Terms. You also agree to the Apple Standard Licensed Application End User License Agreement incorporated by reference in Section 11.

1.2 Availability & Minimum Age

Niner is offered through the App Store in the countries and regions where Apple makes it available, and availability may change over time.

You must be at least the following age to download or use the Service:

• In the United States: 13 years old.
• Everywhere else: 16 years old — or older, if the law where you live sets a higher age for agreeing to these Terms or for using a service like Niner without the consent of a parent or guardian.

Niner's App Store age rating is 13+. Where these Terms set a higher minimum age for your country, the higher age applies. By using the Service, you represent and warrant that you meet the minimum age that applies to you. If you do not, do not download or use the Service. We do not knowingly collect personal information from anyone under the applicable minimum age — including, in the United States, from children under 13 as defined by the Children's Online Privacy Protection Act (COPPA) — and we may suspend or delete the account of any user we reasonably believe to be under it.

1.3 Capacity & Authority

You represent that you have the legal capacity to enter into these Terms, and that you are not barred from using the Service under the laws of your jurisdiction or any applicable export-control or sanctions regime.

2. Description of the Service

2.1 What Niner Is

Niner is a push-to-talk ("PTT") walkie-talkie application for iPhone, with an optional Apple Watch companion, that lets you communicate by voice over the public internet. The Service includes two primary communication features:

• Group PTT Channels — multi-party voice channels in which members press-to-talk and other members hear the transmission. Group channels operate in half-duplex mode (one speaker at a time).
• Direct (1:1) Calls — peer-to-peer voice sessions between you and another Niner user.

Voice is transmitted in real time through media servers that we operate ourselves. Niner does not record, store, or transcribe your voice transmissions or calls.

2.2 Internet-Dependent, Best-Effort Service

The Service requires an active and reliable internet connection (Wi-Fi or cellular data) on each participant's device. All voice communication is provided on a "best-effort" basis. Audio quality, latency, connectivity, and message delivery depend on factors outside our control, including your network, your carrier, your device, Apple's push-notification infrastructure, and general internet conditions. We do not guarantee that any transmission, notification, or call will be delivered, received, audible, timely, or uninterrupted.

2.3 Niner Hardware Button (Optional Accessory)

Niner is designed to work with an optional Bluetooth Low Energy (BLE) push-to-talk button accessory (the "Niner button"), which may be offered separately in the future. It is not required to use the Service — the app's on-screen push-to-talk button provides full push-to-talk functionality without any hardware accessory. Any such hardware, if and when offered, is governed by the separate terms of sale applicable to that purchase and is not part of the App Store transaction for the Service. Availability, form factor, compatibility, and warranty (if any) will be described at the point of hardware sale.

2.4 Changes to the Service

We may add, modify, suspend, or discontinue any feature of the Service at any time, with or without notice, except where prohibited by applicable law. Niner is operated by an individual developer, and its features may evolve.

3. Emergency Services Disclaimer

READ THIS SECTION CAREFULLY.

• Niner is NOT a replacement for traditional telephone service. It does not support calls to emergency services and cannot be used to contact 911, 112, 999, or any equivalent public-safety answering point anywhere in the world.
• Niner relies on the internet, third-party networks, Apple Push Notification service, and device availability. It may be unavailable for any reason at any time, including during a power outage, network outage, device failure, low battery, or while the recipient's device is off, asleep, in Do Not Disturb, or out of network coverage.
• You should always maintain an alternative means of contacting emergency services, such as a wireless or landline telephone.
• You agree that we have no responsibility or liability of any kind for any inability to reach, or delay in reaching, emergency services through any device using the Service, and you waive any and all claims or causes of action against us arising from your inability to use the Service to contact emergency services.

4. Accounts & Security

4.1 Registration

To use the Service you must create an account. Authentication is provided through phone-number verification (SMS one-time passcode) and/or Sign in with Apple. You must provide accurate information, including a valid phone number, and keep it current. You will choose a unique, publicly visible identifier (your "call sign") and a first/last name.

4.2 Your Responsibility

You are responsible for all activity that occurs under your account. You agree to:

• Keep your device, phone number, and Apple ID credentials secure;
• Notify us promptly at support@ninerapp.com of any unauthorized use or suspected security breach; and
• Not share, sell, transfer, or allow others to use your account.

4.3 Call Signs, Avatars & Identifiers

Call signs are claimed on a first-come, first-served basis and must comply with our naming rules, and certain words are reserved and unavailable. Your call sign, avatar image, group names, and group logos are visible to other users of the Service and are user-submitted identifiers. We reserve the right to reject, reclaim, modify, remove, or reassign any call sign, avatar, group name, or group logo that is offensive, profane, obscene, sexually explicit, hateful, harassing, impersonating, infringing, or otherwise in violation of these Terms — whether before or after it appears, including in response to user reports. We maintain zero tolerance for objectionable user-submitted content and for abusive users, and we may remove such content and suspend or terminate the responsible accounts.

4.4 One Account Per Person

Accounts are tied to a verified phone number. You may not maintain multiple accounts to evade blocking, usage limits, suspension, or these Terms.

5. Subscriptions — Niner Plus

5.1 Subscription Required

Niner is a paid application. New accounts receive an initial 72-hour access period when they sign up, granted once per verified phone number. Separately, a 7-day free trial may be offered when you first subscribe (see Section 5.2). After any access period or trial ends, an active Niner Plus subscription is required to use the Service. There is no indefinite free tier. (An optional Niner hardware button accessory may be offered separately in the future and is not required to use the app.)

5.2 Niner Plus Subscription

Niner Plus is the auto-renewing subscription that gives you access to Niner after your free trial. Niner Plus is offered in the following plans:

• A 7-day free trial is offered to new subscribers where Apple makes it available for the plan and storefront you choose. The subscription screen tells you before you buy whether a trial applies to you.
• Family plans are distributed through Apple Family Sharing and may be shared with up to six (6) family members in your Apple Family Sharing group, subject to Apple's rules.
• Prices are listed in U.S. dollars; prices in other regions are set in your local currency by Apple and may vary. Applicable taxes may apply.

5.3 Required Auto-Renewable Subscription Disclosures (Apple)

By purchasing a Niner Plus subscription, you acknowledge and agree to the following terms, as required for auto-renewable subscriptions sold through the App Store:

• Title & length of subscription: Niner Plus, a monthly auto-renewing subscription as listed above.
• Free trial: Where a 7-day free trial is offered to you (see Section 5.2), if you do not cancel at least 24 hours before the end of the free trial, the trial will automatically convert to a paid subscription and your Apple ID will be charged at the price for the selected plan.
• Payment: Payment will be charged to your Apple ID account at confirmation of purchase.
• Auto-renewal: The subscription automatically renews unless auto-renewal is turned off at least 24 hours before the end of the current period.
• Renewal charge: Your account will be charged for renewal within 24 hours prior to the end of the current period, at the price of the plan you selected.
• Managing & canceling: You can manage your subscription and turn off auto-renewal by going to your Apple ID Account Settings after purchase (Settings → your name → Subscriptions on your device). The Service also provides a link to this management screen.
• Unused trial forfeiture: Any unused portion of a free trial period, where offered, is forfeited when you purchase a subscription, where applicable.

5.4 Billing Through Apple

All subscription purchases are processed by Apple through your Apple ID, not by us. We do not receive or store your payment-card information. Your purchase is also subject to Apple's Media Services Terms and Conditions. Because Apple is the merchant of record, billing inquiries and certain payment matters are handled by Apple.

5.5 Price Changes

We may change subscription prices from time to time. Where required, Apple will notify you of a price increase and, depending on the change, may ask you to consent to the new price before your subscription renews at the higher price, consistent with Apple's policies and applicable law. If you do not agree to a price change, you may cancel before the change takes effect. Continued use after a price change becomes effective constitutes acceptance of the new price.

5.6 Refunds

Subscriptions are sold and billed by Apple, and all refunds are handled by Apple in accordance with Apple's policies and applicable law. We generally do not control and cannot directly issue refunds for purchases made through the App Store. To request a refund, follow Apple's process (for example, via reportaproblem.apple.com). Nothing in these Terms limits any non-waivable statutory refund or cancellation rights you may have under the consumer-protection laws of your jurisdiction.

5.7 Effect of Lapse or Cancellation

If your free trial ends without your subscribing, or your subscription lapses, is canceled, or expires, your access to the Service ends until you subscribe or resubscribe. Your account and data are retained as described in the Privacy Policy unless you delete your account.

6. Acceptable Use & Prohibited Conduct

You agree to use the Service lawfully and respectfully. You will not, and will not assist or permit any third party to:

• Harass, threaten, stalk, defame, bully, intimidate, or abuse any person;
• Transmit content or engage in conduct that is unlawful, hateful, obscene, sexually exploitative (including any content involving minors), or that incites violence;
• Use the Service to facilitate or commit any illegal activity, fraud, or violation of any applicable law or regulation;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Transmit unsolicited communications, spam, or chain transmissions;
• Infringe or misappropriate any intellectual-property, privacy, or publicity right;
• Attempt to gain unauthorized access to the Service, other users' accounts, or our systems; probe, scan, or test the vulnerability of any system; or circumvent any authentication, rate-limit, security, or usage-limit measure;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the limited extent permitted by applicable law;
• Interfere with, disrupt, overload, or degrade the Service or its infrastructure, including the media server and push-notification delivery;
• Use the Service to record, intercept, or monitor others without all legally required consents (recording of communications may require consent of all parties under applicable wiretapping/eavesdropping laws — you are solely responsible for compliance); or
• Use the Service in any manner that violates the rights of others or these Terms.

6.1 Blocking & Reporting

The Service provides an in-app blocking model that you may use to manage who can contact you. When you block another user, that user is prevented from initiating direct calls and adding you as a contact, and you will receive awareness indications consistent with the in-app blocking behavior. The Service also provides in-app tools to report objectionable content or abusive users, including offensive call signs or avatars. We review reports we receive and may remove content and suspend or terminate the accounts of users who violate these Terms. You are responsible for using the blocking and reporting tools available to you.

6.2 Enforcement

We may investigate suspected violations and may suspend, restrict, or terminate access (in whole or in part) to any user who violates these Terms, with or without notice, at our discretion and as permitted by law.

6.3 How We Moderate Content

• What we can review. Call signs, names, avatars, group names, group descriptions, group logos, and hail call tones. Live voice transmissions and calls are relayed in real time and are never recorded, so we cannot review what was said afterwards; we act on reports about the people and accounts involved.
• Automated tools. When a call sign is claimed or changed, an automated check blocks words on our list of reserved and prohibited terms. We do not use automated tools to scan images, voice clips, or conversations. Apart from that check, decisions about content and accounts are made by a person.
• Human review. Reports are reviewed by a person — the developer who operates Niner.
• Possible actions. Depending on how serious a violation is and whether it is repeated, we may remove or reset content (for example, reset a call sign or remove an avatar, group logo, or hail call tone), remove a user from a group, restrict features, or suspend or terminate an account. Where the law requires it, we report illegal content to the relevant authorities.

6.4 Reporting Illegal Content

Anyone — including people who do not use Niner — may tell us about content they believe is illegal or breaks these Terms. Use the in-app report tools, or email support@ninerapp.com. To help us act quickly, please include: (a) what the content is and why you believe it is illegal or breaks these Terms; (b) where it appears (for example, the call sign or channel name); (c) your name and email address, unless your report concerns child sexual abuse material; and (d) a statement that you believe in good faith that your report is accurate and complete. When a report includes your contact details, we confirm that we received it, and we tell you what we decided.

6.5 Decisions, Reasons & Appeals

If we remove or restrict your content or your account, we will tell you what we did and why — by email if your account has an email address, or otherwise in the app where possible — unless the law prevents us from doing so or the content is spam. If you disagree with a decision, whether you reported something or something of yours was acted on, email support@ninerapp.com with "Appeal" in the subject line within six months of the decision. We will review the decision again and tell you the outcome. This does not affect any right you have to go to court or to use any other dispute-resolution option available to you under the law where you live.

6.6 Points of Contact (EU Digital Services Act & UK Online Safety Act)

Our single point of contact for users, and for authorities — including the authorities of EU Member States, the European Commission, and the European Board for Digital Services under the EU Digital Services Act, and Ofcom under the UK Online Safety Act — is support@ninerapp.com. We can communicate in English.

7. User Content & Channels

7.1 Your Content

"User Content" means information you provide or generate through the Service, including your call sign, name, optional email, optional avatar image, group names, group descriptions, group logos, contact entries you create, your optional custom call tone (your "hail" — a short voice clip you deliberately record), and live voice transmissions. You retain ownership of your User Content.

7.2 License to Operate the Service

You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, transmit, route, display, and process your User Content solely as necessary to operate, provide, secure, and improve the Service for you and the users you communicate with. We do not record or store the audio of your voice transmissions or calls; voice is transmitted in real time only. Your optional hail call tone is different: it is a recording you deliberately create, which we store like your avatar and play on your contacts' devices when you call them, until you replace or delete it. This license ends when your User Content is deleted, except to the extent it has been shared with others who have not deleted it, or as required for legal or backup retention.

7.3 Responsibility for Content

You are solely responsible for your User Content and for your conduct in any group channel or call. User-submitted identifiers and content (call signs, avatars, group names, group logos, and custom call tones) are subject to our naming and content rules and to removal as described in Section 4.3, and live voice transmissions are relayed in real time and are not recorded or pre-screened; we do not otherwise control content shared by other users, and we are not responsible for it. Groups and channels are created and managed by users; group administrators are responsible for their groups' membership and conduct. If you encounter objectionable content or an abusive user, you can report it in the app and use the blocking tools available to you (see Section 6.1).

7.4 Contacts

The Service lets you build a personal contact list for direct calling. You are responsible for ensuring you have any necessary rights or consents to add a person to your contacts and to contact them through the Service. The Service does not upload or store your full device address book; contact handling is described in our Privacy Policy.

8. Intellectual Property

8.1 Our IP

The Service, including its software, design, user interface, "Niner" name, logos, brand elements, and all related intellectual property, is owned by Joseph Jacoby or its licensors and is protected by intellectual-property laws. Except for the limited license granted in Section 9, no rights are granted to you by implication, estoppel, or otherwise.

8.2 Feedback

If you send us suggestions or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation or compensation to you.

9. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the Service on an Apple-branded device that you own or control, as permitted by the Apple App Store Usage Rules and the Apple Standard EULA (Section 11), solely for your personal, non-commercial use. This license is for use of the Service and does not transfer any ownership to you.

10. Third-Party Services

The Service relies on third-party platforms and infrastructure, including Apple (App Store, Sign in with Apple, Apple Push Notification service, and subscription billing) and Google Firebase (authentication, database, cloud functions, and storage). Your use of the Service may also be subject to those third parties' terms. We are not responsible for third-party services, and your dealings with them are governed by their respective terms and policies. Carrier message and data rates may apply to SMS verification and data usage.

11. Apple Standard End User License Agreement (EULA)

The Service is a "Licensed Application" under Apple's terms. To the extent any provision of these Terms conflicts with the Apple Licensed Application End User License Agreement, the Apple EULA governs solely with respect to that conflict and solely as between you and Apple. The Apple Licensed Application End User License Agreement is incorporated into these Terms by reference and is available at:

https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

You and we further acknowledge and agree, as required by Apple:

• Parties. These Terms are between you and us only, and not with Apple. We, not Apple, are solely responsible for the Service and its content.
• Scope of license. The license granted to you is limited to a non-transferable license to use the Service on any Apple-branded device that you own or control, as permitted by the App Store Usage Rules, except that the Service may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
• Maintenance and support. We are solely responsible for providing maintenance and support for the Service, as specified in these Terms or as required by law. Apple has no obligation to furnish any maintenance or support.
• Warranty. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the Service to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our sole responsibility.
• Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of it, including: (a) product-liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer-protection, privacy, or similar legislation.
• Intellectual-property claims. In the event of any third-party claim that the Service or your possession and use of it infringes that third party's intellectual-property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Legal compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer contact. Questions, complaints, or claims regarding the Service should be directed to us at support@ninerapp.com.
• Third-party beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

12. Disclaimers of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (a) THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (b) ANY VOICE TRANSMISSION, CALL, OR NOTIFICATION WILL BE DELIVERED, RECEIVED, AUDIBLE, OR OF ANY PARTICULAR QUALITY; (c) DEFECTS WILL BE CORRECTED; OR (d) THE SERVICE IS FREE OF VIRUSES OR HARMFUL COMPONENTS. THE SERVICE IS DEPENDENT ON THE INTERNET AND THIRD-PARTY NETWORKS AND IS PROVIDED ON A BEST-EFFORT BASIS. THE SERVICE IS NOT A SUBSTITUTE FOR EMERGENCY OR TELEPHONE SERVICES (SEE SECTION 3).

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum extent and shortest duration permitted by law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, OR FOR ANY FAILURE TO TRANSMIT OR RECEIVE ANY COMMUNICATION (INCLUDING ANY FAILURE TO REACH EMERGENCY SERVICES), ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

• OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNTS YOU PAID TO US (OR TO APPLE FOR THE SERVICE) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) TWENTY U.S. DOLLARS ($20.00).

These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in such cases, our liability is limited to the maximum extent permitted by law.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. If you are a consumer in the European Economic Area, the United Kingdom, or Switzerland, you have statutory rights that these Terms do not affect, and the limitations in this Section apply only to the extent the law where you live permits.

14. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Joseph Jacoby, and its successors and assigns, from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or the rights of any third party (including any recording or interception of communications without required consent); or (e) any dispute between you and another user. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us.

15. Termination

15.1 By You

You may stop using the Service at any time. You may delete your account through the in-app account controls (where available) or by contacting us at support@ninerapp.com. Canceling a subscription is done through your Apple ID settings (Section 5.3); deleting the app alone does not cancel an active subscription.

15.2 By Us

We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, if we reasonably believe you have violated these Terms, if required by law, or to protect the Service or its users.

15.3 Effect of Termination

Upon termination, your license to use the Service ends. Sections that by their nature should survive termination — including Sections 3, 7.2 (as to license already exercised), 8, 12, 13, 14, 16, and 17 — will survive. Termination does not entitle you to any refund except as provided by Apple's policies or applicable law.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to its conflict-of-laws principles. Subject to any non-waivable rights under the consumer-protection laws of your country of residence, you and we agree that any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the courts located in the Commonwealth of Virginia, United States, and you and we consent to the personal jurisdiction of those courts. Nothing in this Section deprives you of the protection of mandatory consumer-protection provisions of the law of the country in which you reside.

If you are a consumer living in the European Economic Area, the United Kingdom, or Switzerland, you may also bring proceedings in the courts of the country where you live, and the mandatory consumer-protection rules of that country continue to apply to you.

17. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by updating the "Last Updated" date above, posting the revised Terms in the app or at ninerapp.com, or notifying you in-app. Changes are effective when posted unless otherwise stated. Your continued use of the Service after the revised Terms take effect constitutes your acceptance of the changes. If we materially change subscription terms, we will handle the change consistent with Section 5.5 and Apple's policies. If you do not agree to the revised Terms, you must stop using the Service.

18. General

• Entire Agreement. These Terms, together with our Privacy Policy and the Apple Standard EULA, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements on that subject.
• Severability. If any provision is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force.
• No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
• Force Majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including internet or network failures, acts of third-party providers, or acts of God.
• Notices. We may provide notices to you in-app, by email, or by posting at ninerapp.com.
• Language. These Terms are written in English. If we provide a translation, the English version controls to the extent permitted by the law where you live.

19. Contact

If you have questions about these Terms or the Service, contact:

Joseph Jacoby
Email: support@ninerapp.com
Web: https://ninerapp.com

By using Niner, you acknowledge that you have read and understood these Terms and agree to be bound by them.