Terms of Service

Effective Date: March 6, 2026

These Terms of Service ("Terms") govern your access to and use of the NINJI website, APIs, and general public services.

Enterprise Deployments

For clients engaging NINJI for proprietary infrastructure deployments, bare-metal consultancy, or specific edge environments, these Terms apply in conjunction with your custom Master Services Agreement (MSA). In the event of any conflict between these Terms and an executed MSA, the terms of the MSA shall strictly govern.

1. Acceptable Use and Export Compliance

You are granted a limited, non-transferable right to use our general services for your internal purposes. You agree to use our infrastructure responsibly and lawfully. You must not abuse our systems, attempt unauthorized access, or intentionally compromise our infrastructure or our partners' networks.

Because NINJI utilizes advanced, quantum-resistant cryptography, you agree to comply strictly with all applicable laws, including United States export control regulations.

2. Restrictions on Highly Regulated Data

NINJI builds infrastructure for environments where failure is not an option. However, our general public services are not designed for uncontracted regulatory compliance. You are strictly prohibited from uploading, processing, or storing health, financial, or other highly regulated data subject to specialized compliance regimes to our general infrastructure unless a distinct, customized agreement has been formally executed with NINJI.

3. Intellectual Property

The proprietary infrastructure, source code, designs, and original content provided by NINJI are strictly protected by copyright and other intellectual property laws. Work engineered by NINJI remains the property of NINJI. Please review our Open Source Licenses and Notices for specific allowances regarding our public repositories.

Any data or content you upload remains yours. However, you grant NINJI the necessary licenses to process that content strictly to operate, secure, and deliver the Services to you.

4. Disclaimer of Warranties

While we engineer for high performance and reliability, our general public services are provided on an "as is" and "as available" basis. Except as explicitly outlined in a signed agreement, NINJI disclaims all warranties of any kind.

Specific Service Level Agreements (SLAs) regarding uptime and performance guarantees apply only to explicit, written on-premises and consultancy contracts. Where an SLA applies, the service credits outlined in that specific agreement constitute your sole and exclusive remedy for any downtime or performance failure.

5. Limitation of Liability

To the maximum extent permitted by law, NINJI shall not be liable for any indirect, consequential, punitive, special, or incidental damages, including but not limited to lost profits, lost revenue, or data loss. Our total, aggregate liability arising out of or relating to these Terms or your use of the Services is strictly limited to the greater of (a) the amount you paid us in the twelve (12) months preceding the incident, or (b) $1,000 USD.

6. Indemnification

You agree to indemnify, defend, and hold NINJI harmless from any claims, damages, liabilities, or legal fees arising from your violation of these Terms, your misuse of the Services, or any third-party claims related to the data or applications you host on our infrastructure.

7. Force Majeure

NINJI operates at the edge of technological reliability, but we are not legally responsible for delays or failures resulting from causes beyond our reasonable control. This includes acts of God, natural disasters, regional power grid failures, global or upstream internet backbone outages, physical damage to transit lines by third parties, hardware supply chain embargoes, and unforeseeable cyberattacks.

8. Governing Law and Dispute Resolution

Any disputes arising out of or relating to these Terms will be resolved by binding arbitration in the State of California, except where prohibited by law. You agree to waive any right to a jury trial and waive any right to participate in a class-action lawsuit.

9. Modifications

We reserve the right to modify these Terms to reflect operational, technological, or legal changes. Continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.