Please read these Terms carefully. They include disclaimers of warranties, a limitation of our liability, an indemnification obligation by you, an allocation of responsibility for changes you (or anyone using your account) make to your Five9 environment, and — in Section 20 — an agreement to resolve most disputes by binding individual arbitration with a class-action waiver (which you may opt out of within 30 days). By creating an account or using the Service, you agree to these Terms.
These Terms of Service ("Terms") govern your access to and use of the 9Vault web application, website, and related tools and APIs (collectively, the "Service") operated by 9Vault, LLC, a South Dakota limited liability company ("9Vault", "we", "us", or "our"). By creating an account, accepting an invitation, or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to that organization.
1. Account Registration
You must provide accurate, complete information when registering. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use. We may verify your email and require completion of bot-prevention challenges before activating an account.
2. Eligibility & Authority
You may use the Service only if you are at least 18 years old and able to form a binding contract. By using the Service and connecting any Five9 domain, environment, or tenant ("Connected Environment"), you represent and warrant that you are an authorized administrator of, or have obtained all necessary authorization from the owner of, each Connected Environment and each set of credentials you provide, and that you have the right to permit 9Vault to access, read, store, back up, export, and modify its configuration on your behalf.
3. Account Security & Unauthorized Access
You are solely responsible for safeguarding your credentials and for all activity that occurs under your account or your team's accounts, whether or not you authorized that activity. In particular:
- You must keep your password, master key, API keys, multi-factor authentication (MFA) devices, and any session, invitation, or password-reset links confidential, and must not share account access.
- We strongly recommend enabling MFA where offered. You acknowledge that failing to enable MFA materially increases the risk of account compromise.
- Any action taken through valid credentials or a valid session — including connecting, changing, or removing a Connected Environment or domain, adding or editing stored credentials, editing or deleting configuration, running backups or restores, inviting or removing team members, or changing roles, policies, or settings — is deemed authorized by you, and you are responsible for the consequences of that action, even if it was performed by a third party who obtained access to your account.
- You must notify us immediately at support@9vault.io if you suspect any unauthorized access, use, or change to your account, credentials, Connected Environments, or configuration. Prompt notice allows us to assist, but you remain responsible for changes made before we are able to act.
We provide security features such as encryption of stored credentials, server-side session management, audit logging, and optional MFA, but no security measure is perfect. To the maximum extent permitted by law, we are not liable for any loss, damage, or unauthorized change arising from compromise of your credentials or account, including changes to your connected domains or configuration made by anyone using your access. You are responsible for promptly reviewing your audit logs and account activity and for revoking and rotating credentials when warranted.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:
- Use the Service to violate any applicable law or regulation
- Attempt to gain unauthorized access to systems, accounts, or data not belonging to you
- Store credentials for, or connect to, Five9 domains you are not authorized to manage
- Use the Service to interfere with or disrupt Five9 services or any third-party systems
- Reverse-engineer, decompile, or disassemble any part of the Service
- Circumvent plan limits, entitlements, rate limits, approval workflows, or access controls
- Use automated tools to scrape, crawl, or overload the Service
- Resell or sublicense access to the Service without our written consent
5. Your Responsibilities & Configuration Risk
The Service is a powerful administrative tool that acts on your instructions. It does not independently decide what changes to make to your Connected Environments. You — not 9Vault — decide what changes to make and when. You agree that:
- You are solely responsible for every instruction you (or anyone using your account or team) give the Service and for the resulting effect on your Connected Environments, including any misconfiguration, outage, data loss, call-routing failure, compliance violation, or business interruption.
- You will review and understand the effect of any operation that creates, modifies, deletes, overwrites, restores, bulk-edits, or provisions configuration ("Destructive Operation") before confirming it, and you will make appropriate use of available previews, diffs, dependency analyses, scheduling, and approval workflows.
- Where practical, you will test changes in a non-production environment before applying them to a production environment.
- You will maintain your own independent backups and records sufficient to recover your Connected Environments, and you will not rely on 9Vault as your sole means of backup or recovery.
- You will configure team roles, portfolio-access policies, and approval requirements appropriately for your organization, and you remain responsible for the actions of all team members and invitees.
- You will comply with all applicable laws and third-party terms, including those governing telemarketing, do-not-call (DNC) lists, number provisioning and local presence, and call recording.
Configuration risk acknowledgment. You acknowledge that incorrect, careless, or unauthorized use of the Service can damage, disrupt, or destroy your contact-center configuration. You assume all risk arising from how you and your team operate the Service, and you agree that 9Vault is not responsible for configurations you create, change, restore, or delete.
6. Backups, Restores & Destructive Operations
Backups, exports, restores, promotions, bulk edits, IVR/Studio changes, number provisioning, and DNC uploads are provided on an "as is" and "as available" basis. You acknowledge that:
- Backups and exports are point-in-time, best-effort representations and may be incomplete, may omit objects the underlying platform does not expose or that are excluded by your settings, and may not capture all dependencies needed for a full recovery;
- A restore or promotion can overwrite, replace, or delete existing configuration and may not perfectly reproduce a prior state, because Connected Environments, their APIs, and their dependencies change over time;
- Comparisons (diffs), previews, and dependency analyses are informational aids and may not reflect the exact result of an operation;
- Operations may partially succeed or fail, may be delayed, and may be affected by third-party availability, rate limits, timeouts, or asynchronous propagation within the Connected Environment;
- You are responsible for verifying the outcome of every operation against your Connected Environment and for taking corrective action.
We do not guarantee the completeness or accuracy of backup data, that any backup can be restored, that any restore will be complete or correct, or that any data will be retained for any particular period. It is your responsibility to verify that backups and operations meet your requirements and to maintain independent copies of critical configurations.
7. Five9 Credentials & Authorization
You represent that you have proper authorization to use any Five9 credentials you store in 9Vault, and that you are authorized to access the specific domain, region, and tenant you select. When you supply credentials, you authorize 9Vault to use them to access that environment and to perform the operations you request. You are solely responsible for ensuring that your use of 9Vault to access Five9 APIs complies with your agreement with Five9, Inc. We are not a party to your Five9 service agreement, and we are not responsible for changes made to the wrong environment because of inaccurate credentials, mislabeled domains, or your selection errors.
8. Third-Party Platform Dependency
9Vault relies on the Five9 Configuration API to deliver its core functionality. We are not affiliated with, endorsed by, or responsible for Five9, Inc. or its platform. You acknowledge and agree that:
- Five9 may modify, deprecate, or discontinue its APIs, features, or platform functionality at any time without notice to us. Such changes may reduce, alter, or eliminate features within 9Vault, and we shall not be liable for any resulting loss of functionality.
- Five9 outages, maintenance windows, performance degradation, or other factors may temporarily affect 9Vault's ability to execute backups, imports, exports, or other operations. While we will make reasonable efforts to resume normal functionality promptly, we cannot guarantee uninterrupted service when the Five9 platform is unavailable.
- We will make commercially reasonable efforts to adapt to Five9 platform changes, but we do not guarantee that all features will remain available or functional following third-party changes.
9. Infrastructure Dependency
9Vault is hosted on Google Cloud Platform (GCP). You acknowledge and agree that:
- GCP outages, regional failures, or service disruptions may render 9Vault temporarily or partially unavailable. We are not liable for downtime, data loss, or degraded performance caused by GCP infrastructure issues.
- Changes to GCP services, pricing, or policies may require us to modify the Service. We will make commercially reasonable efforts to minimize disruption but cannot guarantee uninterrupted operation in the event of infrastructure changes.
10. Service Availability
We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control, including outages at Five9 or GCP. Support is provided on a commercially reasonable, best-effort basis and may vary by plan. Unless a separate written service-level agreement (SLA) is in effect, no uptime or response-time commitment applies.
11. Data Ownership
You retain ownership of all data you input into or generate through the Service, including Five9 configuration backups and exports. We claim no ownership over your Five9 data. We store and process your data solely to provide the Service as described in our Privacy Policy. The Service software, design, and templates remain the property of 9Vault and its licensors; subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during your subscription.
12. Beta & Illustrative Features
Some features may be labeled beta, preview, or experimental, or may display sample, mockup, or illustrative data (for example, certain monitoring or dashboard previews). These are provided for evaluation only, without warranty of any kind, may be inaccurate or incomplete, and may be changed or removed at any time. Do not rely on illustrative data as a true reflection of your environment.
13. Trial & Paid Plans
Trial accounts provide full access to trial plan features for 30 calendar days from the date of registration. At the end of the trial period, accounts that have not been upgraded to a paid plan will be suspended and access will be discontinued. We are under no obligation to maintain access, preserve data, or provide any service beyond the trial period for accounts that have not been upgraded to a paid plan.
Paid plans are billed on a recurring basis as described at the time of purchase. If you cancel, cancellation of a paid plan requires 30 days' advance written notice; access continues through the end of that 30-day notice period. Except for a prorated refund we elect to provide when we terminate your account for our convenience under Section 17, all fees are non-refundable, and non-use of the Service during a billing period does not entitle you to a refund or credit.
If we terminate your account for our convenience under Section 17 (Termination), we will refund the prorated, unused portion of any fees you have pre-paid for the remainder of your then-current subscription term, as described in that Section. Refunds, when due, are issued by the same payment method used for the original payment unless we agree otherwise.
14. Disclaimer of Warranties
The Service, including all backups, restores, exports, comparisons, wizards, and other features, is provided "as is" and "as available," with all faults and without warranty of any kind. To the maximum extent permitted by law, 9Vault and its suppliers disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.
We do not warrant that the Service will meet your requirements, that operations will be accurate, complete, secure, timely, or uninterrupted, that data will be preserved or recoverable, or that defects will be corrected. No advice or information obtained from the Service creates any warranty not expressly stated here.
15. Limitation of Liability
To the maximum extent permitted by law, 9Vault shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, goodwill, data, or configurations, arising from your use of the Service, including but not limited to:
- Loss of data or configuration due to backup, restore, export, or import failures
- Unintended or unauthorized changes to your Five9 environment resulting from import, restore, bulk, or other Destructive Operations
- Changes made by anyone using your credentials or account, including changes to connected domains
- Service interruptions, downtime, or outages at Five9 or GCP
- Missed, dropped, or misrouted calls, or regulatory penalties
Our total aggregate liability arising out of or relating to the Service or these Terms shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) one hundred U.S. dollars (US$100). These limitations apply even if a limited remedy fails of its essential purpose.
16. Indemnification
You agree to indemnify, defend, and hold harmless 9Vault, its officers, employees, suppliers, and licensors from any claims, losses, or damages (including reasonable legal fees) arising from: your or your team's use of the Service; any instruction or Destructive Operation you make to a Connected Environment; your Five9 data or credentials; your violation of these Terms, applicable law, or any third-party agreement (including with Five9); or unauthorized access to or use of your account or Connected Environments through your credentials.
17. Termination
Termination by us. We may suspend or terminate your access to all or part of the Service, and/or close your account, at any time, for any reason or no reason, in our sole discretion, and without prior notice or liability. This includes, without limitation, situations where we believe you have violated these Terms, created risk or possible legal exposure for us or others, misused or abused the Service or our staff, or where required by law or by a third-party provider. No advance notice or cause is required for us to exercise this right.
Prorated refund. If we terminate your account under this Section for convenience (that is, other than for your breach of these Terms, non-payment, or unlawful or abusive conduct), and you have pre-paid for a subscription term that extends beyond the termination date, we will refund the prorated, unused portion of the fees you actually paid for that term, calculated from the effective date of termination. This prorated refund is your sole and exclusive remedy for a termination for convenience, and no refund is owed where we terminate or suspend for your breach, non-payment, or unlawful or abusive conduct.
Termination by you. You may delete your account at any time through your account settings or by contacting us. Voluntary cancellation by you is governed by Section 13.
Effect of termination. Upon termination, your license to use the Service ends immediately and your stored data will be deleted within 30 days, except where retention is required by law or to resolve disputes. You are responsible for exporting any data you wish to keep before termination. Provisions that by their nature should survive termination — including Sections 3, 5, 11, 14, 15, 16, 19, and 20 — survive.
18. Changes to These Terms
We may modify these Terms at any time. Material changes will be communicated via email or in-app notification at least 14 days before taking effect. Continued use of the Service after changes constitutes acceptance.
19. Governing Law
These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of New Hampshire, United States, and applicable U.S. federal law, without regard to conflict-of-law provisions. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in Section 20.
20. Dispute Resolution & Binding Arbitration
Please read this section carefully — it affects your legal rights. It requires most disputes to be resolved by individual binding arbitration rather than in court, and it waives your right to a jury trial and to participate in a class or representative action. You may opt out within 30 days as described below.
20.1 Informal resolution first
Before initiating any arbitration or court proceeding, you agree to first contact us at legal@9vault.io with a written description of the dispute and to attempt in good faith to resolve it informally for at least 30 days. This step is a condition precedent to commencing a formal proceeding.
20.2 Agreement to arbitrate
Except for the matters described in Section 20.4, you and 9Vault agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (whether based in contract, tort, statute, or otherwise) will be resolved exclusively by final and binding individual arbitration, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or, where applicable, its Consumer Arbitration Rules), as modified by these Terms. The arbitration will be conducted in the State of New Hampshire, or by video/telephone or on the documents where the rules allow, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court decides questions about the scope and enforceability of the class-action waiver in Section 20.3.
20.3 Class-action and jury-trial waiver
You and 9Vault each waive any right to a trial by jury and agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding.
If this class-action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request will be severed and decided by a court located in New Hampshire (see Section 20.5), while all other claims proceed in arbitration.
20.4 Exceptions to arbitration
Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to stop unauthorized access to, or actual or threatened infringement, misappropriation, or violation of, intellectual property or account/security rights. Seeking such relief does not waive the agreement to arbitrate other claims.
20.5 Court venue for non-arbitrable matters
For any claim not subject to arbitration, or to enforce an arbitration award, you and 9Vault submit to the exclusive jurisdiction and venue of the state and federal courts located in the State of New Hampshire and consent to personal jurisdiction there.
20.6 Your right to opt out
You may opt out of this Section 20 (Dispute Resolution & Binding Arbitration) by sending written notice to legal@9vault.io within 30 days of first accepting these Terms, stating your name, account email, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms, and if you opt out, the court-venue provision in Section 20.5 will govern your disputes.
20.7 Survival
This Section 20 survives termination of your account and of these Terms.
21. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and 9Vault regarding the Service and supersede prior agreements on the subject.
- Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
22. Contact Us
If you have questions about these Terms, please contact us at legal@9vault.io. For security or unauthorized-access reports, contact support@9vault.io.