Last updated: September 28, 2026 · Version 1.1
IMPORTANT: PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE USING THE NYNE PLATFORM. BY CREATING AN ACCOUNT, ACCESSING, OR USING ANY FEATURES OF THE NYNE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, DO NOT USE THE PLATFORM.
This agreement constitutes a legally binding contract between you ("User," "You," or "Your") and TheNyneLLC ("Company," "We," "Us," or "Our"), the owner and operator of The Nyne platform ("Platform," "Service," or "The Nyne").
The Nyne is an artificial intelligence-powered business advisory platform that uses large language models (LLMs), machine learning algorithms, and computational economic modeling to generate business plans, strategic recommendations, activity prescriptions, financial projections, and other advisory content (collectively, "AI-Generated Content"). All content produced by The Nyne, including but not limited to business plans, executive recommendations, conversion funnel analyses, P&L projections, activity targets, quarterly milestones, marketing strategies, technology recommendations, and boardroom consultation responses, is generated by artificial intelligence systems, not by licensed human professionals.
The AI executives presented within The Nyne (including but not limited to the CEO, CFO, COO, CTO, CMO, Business Intelligence Analyst, Project Manager, Compliance Officer, and Executive Assistant) are fictional AI personas. They are not real people. They do not hold professional licenses. They are not registered investment advisors, certified public accountants, licensed attorneys, licensed real estate brokers, or credentialed professionals of any kind. Their names, titles, and personas are creative representations designed to organize AI-generated advisory content by business domain.
THE NYNE DOES NOT PROVIDE AND SHALL NOT BE CONSTRUED AS PROVIDING:
(a) Financial advice, investment advice, tax advice, or accounting advice. The Nyne is not a registered investment advisor, broker-dealer, certified public accountant, or tax preparer. Financial projections, P&L statements, income targets, commission calculations, expense ratios, and any other financial figures generated by the Platform are AI-computed estimates based on user-provided data and should not be relied upon for financial decision-making without independent verification by a qualified financial professional.
(b) Legal advice. The Nyne is not a law firm and does not provide legal counsel. Any references to regulatory compliance, contract law, fair housing, TCPA regulations, the NAR settlement, buyer representation agreements, or any other legal matters are for informational purposes only and do not constitute legal advice. Users should consult with a licensed attorney in their jurisdiction before making legal decisions.
(c) Real estate brokerage services. The Nyne is not a licensed real estate brokerage. The Platform does not list, sell, buy, lease, or manage real property. The Nyne does not hold a real estate broker's license in any state or jurisdiction.
(d) Professional coaching or consulting that creates a fiduciary duty. The Nyne does not owe any fiduciary duty to its users. The relationship between The Nyne and its users is that of a technology service provider and subscriber, not a coach-client, advisor-advisee, or fiduciary relationship.
(e) Guaranteed business outcomes. No representation, projection, estimate, or recommendation made by The Nyne constitutes a guarantee, warranty, or promise of any business result, income level, transaction volume, or financial outcome.
You acknowledge and understand that:
(a) AI-Generated Content may contain errors, inaccuracies, omissions, or hallucinations. Large language models are known to occasionally generate plausible-sounding but incorrect information. The Nyne employs computational validation systems to minimize errors, but no AI system is infallible.
(b) Economic projections are mathematical models, not predictions. The economics engine computes targets by reverse-engineering income goals through conversion rates, commission structures, and expense models. These computations assume consistent execution of prescribed activities and stable market conditions, neither of which is guaranteed.
(c) Market conditions, interest rates, regulatory environments, brokerage policies, commission structures, and consumer behavior may change at any time without notice, potentially rendering any projection, recommendation, or strategy obsolete or inaccurate.
(d) The Platform's knowledge of current events, market conditions, regulations, and industry practices may be incomplete or outdated. While The Nyne incorporates current data where possible, AI systems have inherent knowledge limitations.
(e) Conversion rates, activity prescriptions, and funnel metrics are based on industry averages and published research. Individual results will vary significantly based on factors including but not limited to geographic market, agent skill level, market conditions, competition, consumer confidence, interest rate environment, and individual effort.
THE COMPANY DOES NOT PROMISE OR GUARANTEE ANY INCOME, REVENUE, PROFIT, TRANSACTION VOLUME, OR ANY OTHER PARTICULAR RESULT FROM YOUR USE OF THE NYNE PLATFORM. YOUR RESULTS DEPEND ENTIRELY ON YOUR OWN EFFORTS, SKILLS, MARKET CONDITIONS, AND NUMEROUS OTHER FACTORS BEYOND THE COMPANY'S CONTROL.
2.1 Any income figures, transaction counts, GCI projections, net operating income estimates, or other financial metrics presented within The Nyne are computed projections based on mathematical models applied to user-provided data. They are not guarantees, promises, or representations of expected results. The phrase "computed" as used throughout the Platform means "calculated by mathematical formula from inputs," not "guaranteed" or "predetermined."
2.2 Testimonials, case studies, or examples of business results that may be displayed on The Nyne website, marketing materials, or within the Platform represent individual experiences and outcomes. They are not typical results. They should not be understood as a guarantee or promise that you or anyone else will achieve similar results. Individual results will always vary, and you may earn more or less than the figures shown — including the possibility of earning nothing or experiencing financial losses.
2.3 The real estate industry involves inherent risks including but not limited to: market fluctuations, interest rate changes, regulatory changes, competition, consumer behavior shifts, economic downturns, natural disasters, pandemics, and other unforeseeable events. The Nyne cannot predict, account for, or protect against these risks.
2.4 Past performance of any user, whether displayed as a case study or otherwise, is not indicative of future results.
By using The Nyne, you represent, warrant, and agree that:
3.1 Data Accuracy. You are solely responsible for the accuracy, completeness, and truthfulness of all data you provide to The Nyne, including but not limited to your personal information, business metrics, financial data, transaction history, income figures, expense figures, market data, brokerage information, commission structures, and any other information entered during onboarding or subsequent interactions. The quality and relevance of AI-Generated Content is directly dependent on the quality of data you provide. Inaccurate input data will produce inaccurate outputs. The Company is not responsible for errors, omissions, or misleading content that results from inaccurate, incomplete, or outdated user-provided data.
3.2 Independent Verification. You agree to independently verify all AI-Generated Content before relying on it for business decisions. This includes but is not limited to verifying financial projections with a certified public accountant or financial advisor, verifying legal compliance guidance with a licensed attorney, verifying brokerage commission structures with your employing broker, verifying market data with local MLS and public records, and verifying activity prescriptions against your own experience and professional judgment.
3.3 Professional Licensing. You represent that you hold all necessary licenses, certifications, and authorizations required to practice real estate in your jurisdiction. The Nyne is a business planning and advisory tool — it does not replace or substitute for required professional licensing, continuing education, or supervision by a licensed broker.
3.4 Brokerage Compliance. You acknowledge that your employing broker may have policies, procedures, or restrictions that conflict with recommendations made by The Nyne. In all cases, you are responsible for complying with your brokerage's policies and your broker's supervision requirements. The Nyne's recommendations do not supersede your broker's authority.
3.5 Regulatory Compliance. You are solely responsible for ensuring that your business practices comply with all applicable federal, state, and local laws, regulations, and rules, including but not limited to: the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), the Fair Housing Act, the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state real estate licensing laws, state advertising regulations, the NAR Code of Ethics (if applicable), and any MLS rules and regulations.
3.6 Tax Obligations. You are solely responsible for all tax obligations arising from your real estate business. Any tax-related information provided by The Nyne is for general informational purposes only and does not constitute tax advice. You should consult with a qualified tax professional regarding your specific tax situation.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
(a) Your use of or inability to use The Nyne Platform;
(b) Any AI-Generated Content, including but not limited to business plans, financial projections, activity prescriptions, marketing strategies, technology recommendations, compliance guidance, or any other advisory content;
(c) Any business decisions you make based in whole or in part on AI-Generated Content;
(d) Any errors, inaccuracies, omissions, or hallucinations in AI-Generated Content;
(e) Any unauthorized access to or alteration of your data or account;
(f) Any interruption, suspension, or termination of the Service;
(g) Any failure of the Platform to meet your expectations or requirements;
(h) Any third-party conduct, products, or services referenced or recommended by the Platform.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY IN SUBSCRIPTION FEES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
(a) Your use of The Nyne Platform and any AI-Generated Content;
(b) Your violation of any term of this Agreement;
(c) Your violation of any applicable law, regulation, or third-party right;
(d) Any business decisions you make based on AI-Generated Content;
(e) Any claims by your clients, customers, or third parties arising from your real estate business activities;
(f) Any claims related to your real estate licensing, brokerage relationship, or regulatory compliance;
(g) Any misrepresentation or breach of warranty by you under this Agreement.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
6.1 Binding Arbitration. Any dispute, controversy, or claim arising out of or relating to this Agreement or your use of The Nyne Platform, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The place of arbitration shall be Maricopa County, Arizona. The language of the arbitration shall be English.
6.2 Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or multi-party proceeding.
6.3 Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY HEREBY WAIVE THE RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM.
6.4 Small Claims Exception. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.
6.5 30-Day Opt-Out. You may opt out of this arbitration provision by sending written notice to the Company at support@thenyne.io within thirty (30) days of first accepting this Agreement. Your opt-out notice must include your name, mailing address, and a clear statement that you wish to opt out of this arbitration provision.
7.1 Data Collection. The Nyne collects and processes personal and business data that you provide during account creation, onboarding, dossier completion, boardroom consultations, and general platform usage. This data includes but is not limited to: your name, email address, mobile phone number, brokerage affiliation, financial data (GCI, expenses, commission structures), business metrics, goals, and the content of your interactions with AI executives. By creating an account and using the Platform, you consent to this collection and processing.
7.2 AI Processing. Your data is transmitted to third-party AI service providers (including but not limited to Anthropic and OpenRouter) for the purpose of generating AI-Generated Content. While these providers maintain their own data handling and retention policies, the Company takes reasonable measures to protect your data during transmission and processing. However, no method of electronic transmission or storage is 100% secure.
7.3 Data Retention. Your dossier data, business plans, consultation history, accountability records, and account information are stored in cloud-based databases (currently Google Firebase/Firestore). The Company retains this data during your subscription and after your subscription ends, for as long as the Company determines, including for backup, archival, product development, legal compliance, and other business purposes, subject to applicable law.
7.4 No Guarantee of Security. While the Company implements commercially reasonable security measures, YOU ACKNOWLEDGE THAT NO DATA TRANSMISSION OVER THE INTERNET OR ELECTRONIC STORAGE SYSTEM CAN BE GUARANTEED TO BE 100% SECURE. The Company shall not be liable for any unauthorized access to, use of, or disclosure of your data, except to the extent caused by the Company's gross negligence or willful misconduct.
7.5 Your Responsibility. You are responsible for maintaining the confidentiality of your account credentials. You agree to notify the Company immediately of any unauthorized use of your account.
7.6 Connected Third-Party Accounts. The Service may allow you to connect third-party accounts, such as Google Calendar and Gmail, so that the Service can read information from those accounts (for example, your calendar appointments or your email) to provide coaching. Connecting an account is entirely optional and happens only after you expressly authorize it through the third party's own consent screen. You may disconnect a connected account at any time from your account settings, which ends the Service's access. You are responsible for the content of your connected accounts, for the permissions you grant, and for complying with any obligations you have to the third party or to the people whose information appears in those accounts. The Company's use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
7.7 No Liability for Connected Accounts. THE THIRD-PARTY SERVICES YOU CONNECT ARE NOT OPERATED OR CONTROLLED BY THE COMPANY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, DELAY, MISSED APPOINTMENT, MISDIRECTED OR UNSENT COMMUNICATION, DATA LOSS, UNAUTHORIZED ACCESS, OR OTHER HARM ARISING FROM OR RELATED TO A CONNECTED ACCOUNT, INCLUDING THE AVAILABILITY, ACCURACY, OR SECURITY OF THE THIRD-PARTY SERVICE, THE INFORMATION IT PROVIDES, ANY AI-GENERATED CONTENT BASED ON THAT INFORMATION, OR ANY CHANGE, SUSPENSION, OR TERMINATION OF ACCESS BY THE THIRD PARTY. YOU CONNECT THIRD-PARTY ACCOUNTS AT YOUR OWN RISK, AND THE LIMITATIONS IN SECTION 4 APPLY IN FULL.
7.8 Text Messaging (SMS) Consent. By providing your mobile phone number during registration and creating an account, you expressly consent to receive text messages from The Nyne at that number, including account and verification messages, coaching check-ins, accountability reminders, weekly-number prompts, and related service communications, which may be sent using automated technology. Consent to receive marketing or promotional texts is not a condition of purchasing any product or service. Message and data rates may apply, and message frequency varies. You may opt out of non-essential text messages at any time by replying STOP to any message, and you may reply HELP for assistance. Standard carrier charges apply. The Company is not responsible for messages that are delayed or not received due to carrier issues, an incorrect or changed number, or a device that cannot receive messages. Your mobile information is not sold or shared with third parties for their own marketing purposes.
8.1 Platform Ownership. The Nyne platform, including its software, algorithms, economic models, AI prompts, executive personas, user interface, branding, and all associated intellectual property, is owned exclusively by the Company. No right, title, or interest in the Platform is transferred to you except the limited license to use the Service as described herein.
8.2 Account Data. As between you and the Company, all data and information you input into The Nyne, all content generated for you through the Service, and all data derived from your use of the Service ("Account Data") is owned by the Company. To the extent you hold any rights in Account Data, you assign those rights to the Company. You may access Account Data only while your subscription is active. You also grant the Company the right to use anonymized and aggregated data derived from your usage for the purpose of improving the Service, developing new features, and conducting research.
8.3 AI-Generated Content License. AI-Generated Content produced by The Nyne (including business plans, executive recommendations, and consultation responses) is licensed to you for your personal and internal business use only. You may not resell, redistribute, sublicense, or commercially exploit AI-Generated Content without the Company's prior written consent.
9.1 Subscription Terms. Access to The Nyne requires an active paid subscription. Subscription plans, pricing, features, and usage limits are as described on the Platform at the time of purchase and are subject to change with reasonable notice.
9.2 Automatic Renewal. Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You authorize the Company to charge your designated payment method for recurring subscription fees.
9.3 Cancellation. You may cancel your subscription at any time through your account settings. Before cancellation is completed, you will be shown a notice describing its effect and asked to acknowledge it. Cancellation takes effect at the end of the current billing period, at which time your access to your account and all Account Data is permanently revoked. If you subscribe again later, your account will begin as a new account. No prorated refunds will be issued for partial billing periods.
9.4 Refund Policy. Due to the nature of AI-generated digital content and the immediate access provided upon subscription, all subscription fees are non-refundable except as required by applicable law or at the Company's sole discretion.
9.5 Data Retrieval. If you subscribe again after cancellation, you may request restoration of your prior Account Data for a one-time data retrieval fee of $299. Retrieval is provided at the Company's sole discretion and is not guaranteed. The fee is charged only if the Company performs the retrieval.
10.1 The Nyne references and incorporates concepts, terminology, and methodologies from various real estate coaching and training systems, including but not limited to: Gary Keller's Millionaire Real Estate Agent (MREA) and associated models, Tom Ferry International coaching methodologies, Mike Ferry Organization prospecting systems, Brian Buffini's "Work by Referral" system, Ninja Selling methodology, and other industry-recognized frameworks.
10.2 The Nyne is not affiliated with, endorsed by, sponsored by, or officially associated with any of these individuals, companies, or their respective organizations. References to these frameworks are for educational and contextual purposes only, similar to how a textbook might reference established theories and methodologies.
10.3 The Nyne does not claim ownership of any proprietary methodology, script, system, or intellectual property belonging to these third parties. Users who wish to implement specific proprietary systems referenced within The Nyne should obtain proper licensing or enrollment directly from the respective organizations.
11.1 The Nyne is not affiliated with, endorsed by, or associated with the National Association of REALTORS (NAR), any state or local REALTOR association, any Multiple Listing Service (MLS), or any real estate brokerage franchise.
11.2 References to the NAR settlement, industry regulations, MLS rules, brokerage policies, and industry practices are for informational purposes only and may not reflect the most current regulations, policies, or interpretations applicable to your specific market or jurisdiction.
11.3 REALTOR is a registered trademark of the National Association of REALTORS. Use of this term within The Nyne does not imply any affiliation or endorsement.
IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAWS REGARDING AI TRANSPARENCY:
12.1 You are interacting with artificial intelligence, not human beings, when you use The Nyne's boardroom, receive business plan content, or engage with any AI executive persona on the Platform.
12.2 All advisory content, strategic recommendations, financial projections, and consultation responses are generated by AI systems. No human professional reviews, approves, or endorses AI-Generated Content before it is delivered to you, unless specifically indicated otherwise.
12.3 The AI systems powering The Nyne are provided by third-party AI service providers and are subject to their own limitations, biases, training data constraints, and operational characteristics. The Company does not control the underlying AI models and cannot guarantee their behavior, accuracy, or consistency.
12.4 AI-Generated Content may reflect biases present in training data, may not account for your specific local market conditions, and may not reflect the most current industry practices, regulations, or market conditions.
13.1 The Company reserves the right to suspend or terminate your access to The Nyne at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to: violation of this Agreement, non-payment of subscription fees, abusive use of the Platform, or any conduct that the Company determines, in its sole discretion, is harmful to other users, the Company, or the integrity of the Service.
13.2 Upon termination or the end of your subscription, your right to access and use The Nyne and your Account Data ceases. The Company retains Account Data as described in Section 7.3.
14.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.
14.2 Entire Agreement. This Agreement constitutes the entire agreement between you and the Company regarding The Nyne and supersedes all prior agreements, understandings, and communications, whether oral or written.
14.3 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
14.4 No Waiver. The Company's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
14.5 Assignment. The Company may assign this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement or any rights hereunder without the Company's prior written consent.
14.6 Modifications. The Company reserves the right to modify this Agreement at any time. Material changes will be communicated via email or through the Platform. Your continued use of The Nyne after such modifications constitutes your acceptance of the updated terms.
14.7 Force Majeure. The Company shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemic, natural disaster, power failure, internet disruption, government action, or third-party service provider failure.
14.8 Contact. For questions regarding this Agreement, contact: support@thenyne.io
BY CLICKING "I AGREE," "ACCEPT," OR ANY SIMILAR BUTTON, OR BY CREATING AN ACCOUNT ON THE NYNE PLATFORM, YOU ACKNOWLEDGE THAT:
1. You have read this entire Agreement in its entirety.
2. You understand that The Nyne is an AI-powered technology platform, not a professional advisory service.
3. You understand that AI-Generated Content may contain errors, inaccuracies, or omissions.
4. You understand that no income, transaction volume, or business result is guaranteed.
5. You understand that The Nyne does not provide financial, legal, tax, or professional real estate advice.
6. You understand that The Nyne's AI executives are fictional personas, not real professionals.
7. You agree to independently verify all AI-Generated Content before relying on it.
8. You agree to the limitation of liability, indemnification, and arbitration provisions.
9. You agree to the class action waiver and jury trial waiver.
10. You voluntarily agree to be bound by all terms and conditions of this Agreement.
© 2026 TheNyneLLC. All rights reserved. The Nyne is a trademark of TheNyneLLC.