Terms

Terms of Service

Terms for the Mighty website, authorized evaluations, and customer-operated Enterprise Private Deployment.

Last updated: August 19, 2026

These Terms govern the Mighty website, documentation, authorized evaluation surfaces, and related account services provided by Nine Suns Inc. A production Enterprise Private Deployment requires a signed Order Form or enterprise agreement that supplements or replaces the applicable public terms.

1. Acceptance and Authority

These Terms are effective August 19, 2026 for use of the Mighty website, documentation, authorized evaluation surfaces, and related account services. If you accept for an organization, you represent that you have authority to bind it. The organization and its authorized users are referred to as “Customer” or “you.”

A production Enterprise Private Deployment requires a separately signed Order Form or enterprise agreement. Public website use or account creation does not create a production license, support commitment, service level, or authorization to submit production Customer Content to a Mighty-operated evaluation system.

2. Contract Structure and Priority

These public Terms govern the website and authorized evaluation services. Enterprise Private Deployment is governed by a signed enterprise package that identifies the software, environments, license, fees, support, security, data handling, and any service levels.

Conflicts are resolved within the relevant subject matter in this order: signed transfer terms for international transfers; a signed Data Processing Addendum for Customer Personal Data; the signed enterprise agreement or signed Key Terms; an Order Form for the commercial or deployment variables it expressly identifies; these public Terms; then incorporated policies or documentation. An Order Form may tighten privacy, security, retention, support, or no-training commitments, but it cannot silently expand Customer Content use or weaken a Data Processing Addendum. A Common Paper standard or other form is not incorporated unless a signed agreement expressly says so.

3. Current Service and Deployment

Mighty provides document and content trust-detection software, including API scans, risk signals, and advisory results such as allow, review, or block. Outputs are probabilistic signals and may be incomplete or incorrect.

Mighty is currently offered for customer-operated Enterprise Private Deployment. Customer operates the software in its cloud or data center and controls its production environment and Customer Content. Any Mighty-hosted development, demonstration, or evaluation environment is non-production and must not receive production Customer Content unless a separate written agreement expressly authorizes that processing.

Existing hosted subscriptions. Mighty previously offered, and until October 1, 2026 continues to accept, direct purchase of a Mighty-hosted subscription plan. Where a customer holds such a subscription, Mighty operates the service and receives and processes that customer's Customer Content in order to provide it. For those customers the statements in these Terms about customer-operated deployment do not apply.

These Terms, together with the Privacy Policy, govern the hosted subscription. There is no separate subscription agreement, and none is presented at checkout. Where a customer has signed an Order Form or enterprise agreement, that signed document governs and prevails over these Terms to the extent of any conflict.

For a hosted subscription: Mighty provides the service on a non-exclusive, non-transferable basis for the paid subscription term; the customer retains all rights in its Customer Content; Mighty processes that content only to deliver the service; Mighty does not sell it, does not share it for cross-context behavioral advertising, and does not use it to train shared or general-purpose models; and either party may end the subscription at the close of the then-current billing period. Fees, billing period, and any usage limits are those shown at checkout. Direct purchase of new hosted subscriptions ends on October 1, 2026. Existing subscriptions continue on these Terms until they end.

Where these Terms refer a matter to an Order Form and a hosted subscription was purchased directly, so no Order Form exists, the following apply in its place. A signed Order Form, where one exists, replaces every item below.

  • Licence. A non-exclusive, non-transferable, non-sublicensable right for the customer and its authorized users to access and use the hosted service during the paid subscription term, for the customer's own internal business purposes.
  • Fees and billing. As shown at checkout. Recurring fees are billed in advance for the stated billing period and are non-refundable except as required by law.
  • Support. Reasonable-efforts support by email to hi@trymighty.ai on business days. No response-time objective is committed.
  • Service levels. None. Mighty commits no uptime, availability, or performance level for a directly purchased hosted subscription, and no service credits are offered.
  • Supported version. Mighty operates one current version of the hosted service. Versions are not pinned and updates are applied by Mighty.
  • Notice and cure. Either party may give written notice of a material breach. The other party has thirty days from that notice to cure. An uncured material breach allows the notifying party to terminate.
  • Termination for convenience. Either party may end the subscription effective at the close of the then-current billing period.
  • Failed payment. There is no grace period. If a payment fails, API access is suspended and the account returns to the free tier immediately, and existing API keys are revoked at that moment. Mighty emails the account administrators when this happens. Dashboard access continues under the free allowance. If the payment later succeeds, the subscription and access are restored, and new API keys must be created.
  • Transition and data on termination. The customer may request an export of its Customer Content at any time before the subscription ends, and Mighty will provide it in a commercially reasonable format. After termination, Customer Content is deleted in accordance with the retention practices described in the Privacy Policy. No other transition assistance is committed.

4. Accounts and Authentication

You must provide accurate information, maintain authorized users, protect credentials and API keys, and promptly notify Mighty of suspected unauthorized access. You are responsible for activity under your account except to the extent caused by Mighty's breach of the governing agreement.

If you choose Google or GitHub sign-in, you authorize Mighty to receive the account fields described in the Privacy Policy. Mighty does not request Google Drive, Gmail, GitHub repository, gist, or organization access for authentication.

5. Acceptable Use and High-Impact Decisions

You will not:

  • Use Mighty unlawfully or violate another person's rights
  • Submit content you lack authority to process
  • Submit production Customer Content to a non-production evaluation system
  • Bypass access, security, quota, license, or usage controls
  • Probe or disrupt Mighty except under written testing authorization
  • Reverse engineer the software except where law does not permit that restriction
  • Resell or provide access except as expressly permitted by an Order Form
  • Use Mighty to build a competing detection product from its non-public outputs or technology
  • Use the product in a way that harms minors or facilitates fraud or abuse

6. Orders, Fees, and Payment

An Order Form states the license, environments, pricing, usage measures, commitment, billing period, and payment process. Enterprise customers may pay by invoice, ACH, wire, or bank transfer. Stripe may process card payments where the Order or authorized checkout uses card billing. A customer is not required to place a card on file unless its Order requires one.

  • Recurring fees may be billed in advance and usage fees in arrears
  • Fees are non-refundable except as required by law or stated in an Order
  • Customer is responsible for applicable taxes other than taxes on Mighty's income
  • Pricing changes do not alter a signed commitment during its term unless the Order permits it

If you dispute an invoice in good faith, notify Mighty promptly and pay undisputed amounts on time. Mighty may suspend for an undisputed amount more than 30 days overdue after reasonable notice where practicable.

7. Customer Content and Data Boundary

As between the parties, Customer retains its rights in documents, images, text, and other material submitted to the product (“Customer Content”). In Enterprise Private Deployment, Customer Content remains in the customer-controlled environment by default.

Customer Content is not exported to Mighty or used to develop, train, tune, or improve a shared or general-purpose model by default. No third-party service or model provider is authorized by Mighty to train on that Customer Content. Any exception requires a separately signed, specific agreement and applicable privacy, security, and legal review.

If Customer initiates a support upload or remote-access session, Customer grants Mighty a limited license to access and process the transferred information only for the authorized support purpose, period, and scope. Support access does not authorize training or unrelated use.

8. Private Deployment Responsibilities

Customer Responsibilities

Customer is responsible for production deployment approval, infrastructure, network configuration, identity and access, encryption keys, secrets, backups, restores, monitoring, incident detection, data retention, deletion, patch deployment timing, production availability, and the legality of Customer's use and decisions.

Mighty Responsibilities

Mighty is responsible for the secure development practices, release and update integrity, security documentation, vulnerability notifications, supported-version information, and contracted support that Mighty expressly undertakes in the governing agreement. Mighty does not deploy to Customer's production environment unless a separate agreement says otherwise.

Support and Remote Access

Customer controls whether support access is enabled. Any remote access must be explicitly authorized, appropriately authenticated, least-privileged, time-bounded, logged, and revocable. Any Customer Content transferred to Mighty is governed by the support purpose, access restrictions, retention, and deletion terms in the Order or support record.

9. Privacy and Security

Mighty's personal-data practices are described in its Privacy Policy. A signed Data Processing Addendum and security schedule govern where required. The Privacy Policy does not itself incorporate Standard Contractual Clauses or establish a specific transfer mechanism.

Customer controls production retention, deletion, logging, and backups in its Private Deployment. Mighty retains only information it actually receives through website, account, licensing, billing, authorized support, remote-access, or update channels. Licensing and update channels must not carry Customer Content through the supported default configuration.

10. Mutual Confidentiality

“Confidential Information” means non-public information disclosed by one party that is marked confidential or reasonably should be understood as confidential, including Customer Content, security information, product plans, pricing, and source code. It excludes information that the receiving party can document was lawfully known without restriction, becomes public without breach, is lawfully received from another source, or is independently developed without use of the other party's information.

Each party will use the other's Confidential Information only to perform or receive the service, protect it with at least reasonable care, and disclose it only to representatives who need it and are bound to protect it. Legally required disclosure is permitted after advance notice where lawful and reasonable assistance at the disclosing party's expense.

11. Support, Updates, and Vulnerabilities

Support scope, response objectives, maintenance, supported versions, update delivery, and any service levels are governed by the Order Form. Customer decides when to deploy an update to production unless an Order says otherwise.

Mighty may provide security fixes and vulnerability notices for supported versions. Customer is responsible for evaluating and deploying applicable updates in its environment. A customer's delay in applying an available fix may limit Mighty's ability to support the affected version, as described in the Order or support policy.

12. Suspension

Mighty may suspend affected licensing, support, or account services to address a credible security threat, unlawful or abusive use, material breach, or an undisputed amount more than 30 days overdue. Where practicable, Mighty will give notice, limit suspension to the affected service, and restore access after the issue is resolved. Suspension does not remotely disable or take control of a customer production deployment unless the signed agreement expressly permits that action.

13. Term, Termination, and Data Disposition

The Order controls subscription or license term, renewal, termination, cure periods, and transition assistance. Either party may terminate for an uncured material breach after the notice and cure period in the governing agreement.

At termination, Customer must stop using the software except as permitted for an agreed transition, outstanding amounts become due, and each party will handle information according to the Order, Privacy Policy, applicable law, and continuing confidentiality obligations. Customer remains responsible for data in its environment. Mighty will delete or retain information it controls according to the applicable support, contract, legal, security, and backup requirements.

14. Intellectual Property

Nine Suns Inc. owns Mighty, including its software, models, algorithms, documentation, branding, and service improvements. Subject to payment and the governing agreement, Mighty grants Customer the limited rights stated in the Order to install and use the software in the authorized environments during the term.

Customer may provide feedback. Mighty may use feedback without restriction or payment, provided the use does not identify Customer or disclose Customer Confidential Information.

15. Warranties and Disclaimer

Each party represents that it has authority to enter the agreement. Customer represents that it has the rights, lawful basis, and instructions needed for the processing it directs.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR AN EXPRESS WARRANTY IN A SIGNED ORDER FORM, MIGHTY IS PROVIDED "AS IS" AND "AS AVAILABLE." NINE SUNS INC. DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MIGHTY DOES NOT GUARANTEE THAT EVERY THREAT, FORGERY, OR ERROR WILL BE DETECTED OR THAT EVERY RESULT WILL BE CORRECT.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Neither party is liable for indirect, incidental, special, exemplary, or consequential damages, or lost profits, revenues, goodwill, or data
  • Nine Suns Inc.'s total aggregate liability arising from the service is limited to fees Customer paid for the affected service in the 12 months before the event giving rise to the claim
  • Nine Suns Inc. is not liable for Customer's environment or decisions, third-party services selected by Customer, or use contrary to the agreement or documentation

These limits apply regardless of legal theory and do not limit liability that cannot lawfully be limited. A signed enterprise agreement may state different caps, exclusions, or remedies.

17. Indemnification

Customer will defend and indemnify Nine Suns Inc. against third-party claims arising from Customer Content, Customer's unlawful or unauthorized use, or Customer's material violation of these Terms. Mighty will promptly notify Customer, provide reasonable cooperation at Customer's expense, and allow Customer to control the defense and settlement, except that a settlement may not admit fault by or impose a non-monetary obligation on an indemnified party without its consent. A signed enterprise agreement may provide different or additional mutual indemnities.

18. General Terms and Governing Law

  • Law and venue: Delaware law governs without regard to conflict-of-law rules, and disputes will be brought in state or federal courts located in Delaware unless a signed agreement says otherwise
  • Assignment: Neither party may assign the agreement without consent, except in connection with a merger, reorganization, or sale of substantially all relevant assets if the assignee assumes the obligations
  • Notices: Legal notices must be delivered to the contact in the governing agreement; operational notices may be delivered through the service or account email
  • Force majeure: Neither party is liable for delay caused by events beyond reasonable control, excluding payment obligations
  • Relationship: The parties are independent contractors
  • Severability and waiver: An unenforceable provision will be limited to the minimum extent necessary, and failure to enforce a right is not a waiver

19. Changes and Contact

Mighty may update these public Terms prospectively and will give notice appropriate to a material change. Public changes do not rewrite a signed enterprise agreement during its term. Continued use does not retroactively authorize a new Customer Content use.

Questions and notices can be sent to:
Nine Suns Inc.
Delaware, USA
hi@trymighty.ai