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Terms of Service

Last updated: October 24, 2026

These Terms of Service ("Terms") govern your use of 369ai.cloud and the 369AI platform, including the 369AI SuiteApp for NetSuite, 369Chat, the mobile app, Experts, Agents, connectors and related services (the "Services"), provided by 369AI, Inc. ("369AI", "we", "us"). By using the Services you agree to these Terms on behalf of yourself and the organization you represent ("Customer", "you").

If your organization has signed a Subscription Agreement, Order Form or similar contract with 369AI, that contract controls wherever it conflicts with these Terms.

1. The Services

369AI is an AI application that runs inside NetSuite. It lets users ask questions, analyze data and take actions on NetSuite records through conversation, saved Experts and autonomous Agents. Features marked pilot, beta or preview are offered as-is, may change or be withdrawn, and are excluded from any service commitments.

2. Accounts and access

  • You must be authorized by your organization to use the Services.
  • Access follows the user's NetSuite role and the controls your administrators set in 369AI. You are responsible for assigning roles appropriately.
  • Keep login codes, API keys and credentials confidential. You are responsible for activity under your accounts and must tell us promptly about any unauthorized use.
  • Plans include unlimited users within the Customer's NetSuite account unless your Order Form says otherwise.

3. Fees and payment

•Fees, term and billing frequency are set in your Order Form. Unless it states otherwise, subscriptions run for 12 months, renew automatically for the same period unless either party gives written notice before the end of the current term, and invoices are due within 30 days.

  • AI model usage: if you use your own API key, the AI provider bills you directly and 369AI charges no markup. If 369AI supplies the key, model usage is billed as set out in your Order Form.
  • Fees are non-refundable except as stated in these Terms or your Order Form. Fees exclude taxes, which you are responsible for (other than taxes on our income).
  • We may suspend the Services if payment is more than 30 days overdue, after giving you notice.

4. Your data

  • You own your NetSuite data and everything you or your users submit to the Services ("Customer Data").
  • You grant 369AI a limited right to process Customer Data only to provide, secure and support the Services and as described in our Privacy Policy.
  • We do not use Customer Data to train AI models, and we do not sell it.
  • You are responsible for having the rights and consents needed to submit Customer Data, including any personal data, and for not submitting data the Services are not designed for, such as payment card numbers or health records, unless agreed in writing.
  • Where required, our Data Processing Agreement forms part of these Terms.

5. AI output and actions

  • The Services use AI models that can make mistakes. Output may be inaccurate, incomplete or out of date.
  • You are responsible for reviewing output before relying on it, and for any transaction, journal entry, payment, email or record change you approve or configure an Agent to make.
  • Agents act autonomously within the rules, triggers and approvals you configure. Set approval steps appropriate to the risk of each action.
  • Every change the Services make in NetSuite is recorded in NetSuite System Notes so you can trace and reverse it.

6. Acceptable use

You will not, and will not let others:

  • use the Services to break any law or anyone's rights;
  • try to access data or accounts you are not authorized to use, or bypass NetSuite role controls;
  • reverse engineer, copy, resell or build a competing product from the Services, except where the law allows despite this restriction;
  • probe, scan or test the Services' security without our written consent, or introduce malware;
  • overload or disrupt the Services or the AI providers we rely on;
  • use the Services or AI providers in breach of their published usage policies.

We may suspend access that threatens the security or integrity of the Services, and will tell you promptly when we do.

7. Third-party services

The Services work with products we do not control, including Oracle NetSuite, AI model providers (such as Google, Anthropic and OpenAI) and connected systems (such as Shopify, Amazon, Outlook and Gmail). Your use of them is governed by their terms. We are not responsible for their availability, changes or acts. NetSuite and Oracle are trademarks of Oracle; 369AI is an independent company and is not affiliated with or endorsed by Oracle unless stated.

8. Intellectual property

  • 369AI owns the Services, software, pre-built Experts and Agent templates, documentation and all improvements to them. We grant you a non-exclusive, non-transferable right to use the Services during your subscription for your internal business purposes.
  • You own your Customer Data and the business-specific prompts and instructions you write. Custom configurations built on the platform are licensed to you for use with the Services; ownership of custom work built under a statement of work follows that statement of work.
  • If you send us feedback or suggestions, we may use them freely without obligation to you.

9. Confidentiality

Each party will protect the other's non-public information with at least reasonable care, use it only to perform under these Terms, and share it only with people who need it and are bound by similar duties. This does not cover information that is public, already known, independently developed, or that must be disclosed by law (with notice where allowed).

10. Support and availability

Support is provided under the plan in your Order Form. Platform issues caused by 369AI are fixed at no charge and do not count against included support hours. We aim to keep the Services available but do not guarantee uninterrupted service; maintenance, NetSuite outages and AI provider outages may affect availability.

11. Warranties and disclaimers

We warrant that we will provide the Services with reasonable skill and care and will not materially reduce their core functionality during your subscription. If we breach this, we will fix the issue or, if we cannot, either party may end the affected subscription and we will refund prepaid fees for the remaining term.

EXCEPT AS STATED ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT ALLOWED BY LAW, 369AI DISCLAIMS ALL OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT AI OUTPUT WILL BE ACCURATE OR ERROR-FREE.

12. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW:

  • NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY.
  • EACH PARTY'S TOTAL LIABILITY ARISING FROM THESE TERMS IS LIMITED TO THE FEES PAID OR PAYABLE BY CUSTOMER TO 369AI IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
  • THESE LIMITS DO NOT APPLY TO CUSTOMER'S PAYMENT OBLIGATIONS, A PARTY'S INDEMNITY OBLIGATIONS, OR LIABILITY THAT CANNOT BE LIMITED BY LAW.

13. Indemnification

  • 369AI will defend you against third-party claims that the Services, as provided by us, infringe that party's intellectual property rights, and pay resulting damages and costs finally awarded or agreed in settlement. This does not apply to claims caused by Customer Data, your modifications, or combinations with products we did not supply.
  • You will defend 369AI against third-party claims arising from your Customer Data or your breach of section 6, and pay resulting damages and costs.
  • The indemnified party must notify the other promptly, let it control the defense and settlement, and reasonably cooperate.

14. Term and termination

  • These Terms apply while you use the Services. Either party may end a subscription for material breach not cured within 30 days of written notice.
  • On termination, your access ends and unpaid fees become due. For 30 days after termination you may ask us for help exporting data held outside NetSuite; after that we delete it as described in the Privacy Policy. Data in your NetSuite account stays there.
  • Sections 4, 5, 8, 9, 11, 12, 13, 15 and 16 survive termination.

15. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. The parties will first try to resolve any dispute in good faith for 30 days. Any unresolved dispute will be heard exclusively in the state or federal courts located in Delaware, and both parties consent to their jurisdiction. Either party may seek urgent injunctive relief in any competent court.

16. General

  • Changes. We may update these Terms. For material changes we will give at least 30 days' notice by email or in the product. Changes do not apply to a current subscription term covered by a signed Order Form unless you agree.
  • Assignment. Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition or sale of substantially all its assets.
  • Publicity. We may list your company name and logo as a customer unless you tell us not to.
  • Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
  • Export and sanctions. You will not use the Services in breach of US export control or sanctions laws.
  • Entire agreement. These Terms, the Privacy Policy, any DPA and your Order Form are the whole agreement on this subject. If any part is unenforceable, the rest stays in effect. A failure to enforce a right is not a waiver.
  • Notices. Legal notices to 369AI go to 369AI, Inc., 382 NE 191st St, Miami, Florida 33179-3899, USA, with a copy to support@369ai.cloud.

17. Contact

Questions about these Terms: support@369ai.cloud

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