Terms of Use — Gamma 91

Last updated September 24, 2026

Welcome to Gamma 91. These Terms of Use (“Terms”) are provided by Holztrager Enterprises LLC, doing business as Gamma 91 (“Gamma 91,” “we,” “us,” or “our”), accessible via gamma91.com and related client portals. These Terms constitute a binding legal agreement between Gamma 91 and the business entity subscribing to or using our services (“Customer,” “Client,” “you,” or “your”).

By creating an account, subscribing to a plan, requesting a demo, submitting content, or utilizing any of our website creation, hosting, or concierge maintenance services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use Gamma 91.

1. The Services

Gamma 91 provides a managed website platform comprising:

Custom automated and staff-assisted website generation, assembly, and deployment;
High-performance edge hosting, CDN delivery, SSL certificate provisioning, and domain routing;
Ongoing website updates, modifications, and concierge services managed via our AI Concierge, client dashboard, and authorized email ingestion; and
Administrative tools, form handling, and site analytics.

2. Eligibility, Business Use & Accounts

Business Use Only: Gamma 91 is offered exclusively to businesses, organizations, and professionals for commercial purposes. The services are not intended for personal, family, or household use. By using Gamma 91, you represent that you are acting on behalf of a business and not as a consumer.

Authority & Age: You represent that you are at least eighteen (18) years of age and that you have the authority to bind the business entity on whose behalf you create an account or subscribe. If you do not have that authority, you may not accept these Terms or use the services.

Regulated Data & Industries: Gamma 91 is not designed or equipped to comply with industry-specific data privacy or security laws, including the Health Insurance Portability and Accountability Act (“HIPAA”), the Gramm-Leach-Bliley Act (“GLBA”), the Family Educational Rights and Privacy Act (“FERPA”), the Children’s Online Privacy Protection Act (“COPPA”), or the Payment Card Industry Data Security Standard (“PCI DSS”). Gamma 91 does not enter into business associate agreements or similar arrangements. The services may not be used by businesses to which HIPAA or any other industry-specific privacy law would reasonably apply with respect to data collected or processed through the services, and you agree not to use your website, its forms, or any request channel to collect, submit, or store protected health information, financial account data, payment card numbers, student records, information from children under thirteen (13), or other regulated data. Payments may be accepted only through third-party payment providers you embed or link to under Section 11 (such as Stripe Payment Links), which collect and process payment details on their own systems and not through Gamma 91. You are solely responsible for determining whether such laws apply to your business, and for any consequences of submitting regulated data in violation of this section.

Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, including requests submitted by your Authorized Senders (Section 9). You agree to provide accurate account and billing information and to notify us promptly at legal@gamma91.com of any unauthorized use of your account.

3. Subscriptions, Billing, and Usage Caps

Subscription Plans & Renewals: Access to the platform is provided on a recurring subscription basis (monthly or annual billing cycles) processed securely by our third-party payment processor. Subscriptions renew automatically at the start of each billing period at the then-current price unless cancelled prior to the renewal date via your account settings. You authorize us to charge your payment method on file for each renewal.

Quotas (Switches and Jobs): Each subscription tier includes an allocated monthly quota of Content Switches and New Content Jobs as defined in Section 5. Unused quota does not roll over between billing cycles.

AI Usage Spend Cap (Anti-Abuse Safety Limit):

Interacting with the AI Concierge, processing intake briefs, evaluating media, and running automated code builds incur direct foundational AI model computing costs.
To prevent abuse, continuous conversational looping, or automated denial-of-service, each subscription plan maintains an underlying AI model usage spend cap that operates independently of your Switch and Job quota.
This spend cap is calibrated generously at approximately two times (2×) the total expected AI computing cost consumed by an account utilizing its full Switch and Job quota within a normal billing cycle.
Customers understand and explicitly agree that if an account exhausts its monthly AI usage spend cap through excessive conversational iterations, repetitive builds, or non-standard concierge interactions, further AI-assisted concierge services may be throttled or paused for the remainder of the billing period, even if remaining Switch or Job allowances exist. You may choose to upgrade your plan or wait until the next billing cycle resets your spend cap.

Price Changes: We may change subscription prices from time to time. We will notify you by email at least seven (7) days before a price change takes effect, and the new price will apply from your next billing period after that date. If you do not agree to the new price, you may cancel before it takes effect.

Taxes: Prices are stated exclusive of taxes. You are responsible for any applicable sales, use, value-added, or similar taxes, which will be added to your invoice where we are required to collect them.

No Refunds: All fees are non-refundable. You may cancel at any time, and you will retain access to the services until the end of your current paid billing period, but we do not provide refunds or credits for partial billing periods, unused Switches or Jobs, downgrades, or early cancellation, except where required by law. We may issue refunds on a case-by-case basis at our sole discretion, but we are not obligated to do so.

Payment Disputes & Chargebacks: If you believe you have been charged in error, please contact us at legal@gamma91.com before disputing the charge with your bank or card issuer so we can resolve it. If you initiate a chargeback for a charge that was properly authorized under these Terms, we may suspend your account while the dispute is pending, and you agree to reimburse any chargeback fees we incur for disputes resolved in our favor.

Delinquency & Suspension: If a recurring payment cannot be processed, Gamma 91 reserves the right to suspend editing privileges, concierge processing, and public site hosting until outstanding balances are resolved.

4. Free Demos & Early Access

Complimentary Demo: At our discretion, we may build one complimentary website demo per business before you subscribe. To receive a demo, you must verify a valid mobile phone number and keep a payment card on file. The card is used for verification only and will not be charged unless you choose to start a paid subscription. Demos are provided “as is” for evaluation, may be unpublished or deleted if you do not subscribe, and do not accrue toward the 36-month milestone described in Section 6.

Text Messages: By providing a mobile phone number, you consent to receive a verification text message and service-related text messages about your account and requests. We do not send marketing text messages without your separate consent. Message and data rates may apply. You may opt out of non-essential messages at any time by replying STOP.

Early Access: Some or all of the services may be offered on an early-access basis. Early-access features, onboarding steps, and plan details may change, be limited, or be discontinued as the platform develops.

5. Website Maintenance & Change Requests (Switches vs. Jobs)

Website updates are submitted through your client dashboard, supported chat interfaces, or authorized sender email addresses. Requests are evaluated and scoped as follows:

Content Switches (Routine Updates): A Content Switch covers routine, discrete modifications to your existing website. A single Content Switch may include any combination of:

Text or media modifications on up to five (5) existing pages;
Up to five (5) new sections added across up to five (5) existing pages;
Up to thirty (30) photos or videos added or updated in media galleries;
Adding or updating a form containing up to ten (10) form fields;
Embedding standard third-party tools (e.g., Calendly, third-party ordering forms, video players, maps);
Visual style tweaks (color scheme, typography, header/footer presentation);
Removing sections or pages; and
Adding, reordering, or updating navigation menu items. A universal detail appearing across your entire site (such as updating a primary telephone number, address, or business logo) counts as one single change.

New Content Jobs (Substantive Additions): A New Content Job covers larger, multi-part updates. A single New Content Job may include any combination of:

One (1) complete new page (such as a new service page, campaign landing page, or blog post);
Up to ten (10) new sections across up to ten (10) pages;
Text or media modifications across up to twenty (20) pages; or
Adding or updating a form containing eleven (11) to fifty (50) fields.

Complimentary / Non-Credited Requests: Administrative and diagnostic actions performed directly by platform tools do not consume Switch, Job, or AI spend allowances. These include:

Viewing or generating website traffic and analytics summaries;
Restoring previous site versions or rolling back recent deployments; and
Adding, removing, or updating form submission notification email recipients.

Scope Exclusions & Third-Party Requirements:

No Full Redesigns: Neither Switches nor Jobs cover complete website architectural redesigns or full re-theming from scratch.
No Native Databases or Native E-Commerce: Gamma 91 builds and hosts static edge sites. We do not support native back-end databases, custom user accounts, or native shopping-cart/inventory management systems on the platform. All e-commerce, custom booking systems, or database features must be provided via embedded third-party software (e.g., Shopify Buy Buttons, Stripe Payment Links, Calendly) or external redirects. Embedding or linking such third-party tools is fully supported as a Content Switch.
Over-the-Limit Requests: Requests exceeding the boundaries of a Switch or Job will not be started. Instead, we will let you know and recommend how to rescope the request into one or more Switches or Jobs that you can submit separately. We reserve the right to decline requests that are technically incompatible with our hosting architecture.

6. Website Ownership & The 36-Month Portability Milestone

Gamma 91 operates as a fully managed service utilizing proprietary deployment routers, build engines, themes, and automated maintenance pipelines.

Platform Ownership Prior to 36 Months: Gamma 91 retains sole and exclusive ownership of the website, including its underlying source code, architecture, templates, and build configurations, unless and until the thirty-six (36) month active paid service window has passed. During this period, you are granted a limited, revocable, non-transferable license to have the website hosted on Gamma 91 infrastructure for the duration of your active paid subscription. You may not extract, scrape, reverse engineer, or host the website code on third-party servers. This does not affect your ownership of your Client Content (Section 10).

Transfer of Ownership & Portability (36-Month Milestone): Upon accumulating thirty-six (36) cumulative months (1,095 days) of active, paid subscription service for a specific website:

Full Rights Granted: The Client is granted full ownership and unrestricted rights to the website content, static source code, and design layout created for that site.
Source Portability Upon Cancellation: If you choose to cancel your subscription after meeting this 36-month threshold, you are entitled to take the website with you. You will be provided access to export and download the complete, standalone static source code package with all hosted media and visual assets bundled directly into the distribution.
Perpetual License: Following export, you hold a perpetual, royalty-free license to host, edit, modify, and maintain that website anywhere you choose without further obligation to Gamma 91.

Accrual Limitations: Only calendar days during which an account is in an active, fully paid subscription state accrue toward the 1,095-day threshold. Promotional free periods, free trials, complimentary demos, paused accounts, suspended states, or delinquent/unpaid billing periods do not count toward active service accrual.

7. Hosting Performance and Availability

Infrastructure: Websites hosted on Gamma 91 are served through global content delivery networks and edge storage infrastructure operated by our third-party hosting providers.

Gamma 91 does not guarantee uninterrupted, error-free site operation and shall not be liable for revenue losses, operational disruptions, or damages resulting from unexpected third-party edge network outages, fiber cuts, upstream provider incidents, or routine maintenance windows.

8. Data Subprocessors & Privacy

To deliver our hosting, authentication, payment, and AI concierge capabilities, Gamma 91 engages select third-party infrastructure and service providers (“Subprocessors”) in the following categories: cloud hosting and content delivery; database, storage, and authentication; artificial intelligence and machine-learning services; payment processing and billing; email and text message delivery and routing; media processing; web data collection and business research; email verification; and communication tools. By using the platform, you acknowledge and consent to the processing of relevant technical, operational, and customer data by Subprocessors in these categories. A current list of Subprocessors is available to Customers on request at legal@gamma91.com.

Privacy Policy: Our collection and use of personal information is further described in our Privacy Policy, which is incorporated into these Terms by reference.

9. Authorized Senders & Inbound Instructions

Email Request Security: Edits and change requests submitted by email are processed only from email addresses that the account owner has explicitly verified within the organization’s Authorized Senders allowlist.

Client Responsibility: You are solely responsible for adding, maintaining, and revoking authorized sender email addresses. Any instructions received from an authorized email or authenticated user dashboard will be treated as authorized by you, and Gamma 91 shall have no liability for changes implemented pursuant to such instructions.

Automated AI Processing: Requests are ingested and translated by automated AI agents and build pipelines. While our systems undergo continuous quality checks, you remain responsible for reviewing staging previews and live updates to verify factual accuracy (hours, telephone numbers, pricing, service descriptions).

AI Provider Data Use: To process requests, we send relevant information, including request text, transcripts, voice recordings, website content, and uploaded media, to third-party AI providers. Depending on their terms, those providers may retain this information and use it to train and improve their models. You acknowledge and consent to this use, and you agree not to include sensitive, confidential, or regulated information in requests or uploads.

10. Client Content, Intellectual Property & Portfolio Rights

Your Content: You retain full ownership of all text, photographs, graphics, trademarks, logos, and materials you upload or provide to Gamma 91 (“Client Content”).

License to Gamma 91: You grant Gamma 91 a worldwide, non-exclusive, royalty-free license to host, display, adapt, process, and optimize Client Content solely for the purpose of operating, maintaining, and rendering your website.

Portfolio & Marketing Rights: You grant Gamma 91 a worldwide, non-exclusive, royalty-free, perpetual license to display your website, screenshots and recordings of it, and your business name and logo as examples of our work, including on our website, in our portfolio, and in marketing, sales, and promotional materials. This license continues after your subscription ends for materials created while you were a Customer. We will not disclose your non-public account information, form submissions, or private communications as part of these materials.

Feedback: If you provide suggestions, ideas, or other feedback about Gamma 91, we may use it without restriction or obligation to you.

Client Representations: You warrant and represent that:

You own or hold all required licenses, permissions, and rights to use and authorize us to use all Client Content; and
Your content does not infringe on any third party’s intellectual property, privacy, or publicity rights.

11. Third-Party Services & Embeds

Your website may include or link to third-party tools and services, such as scheduling, ordering, payment, video, map, or analytics providers (“Third-Party Services”). Third-Party Services are provided by their respective owners under their own terms and privacy policies. Gamma 91 does not control and is not responsible for the availability, security, pricing, content, or performance of any Third-Party Service, and your use of them is at your own risk and subject to your agreements with those providers.

12. Acceptable Use Policy

You agree not to use Gamma 91 or any website hosted through the platform to publish, transmit, or promote:

Illegal goods, illegal services, or unlawful activities;
Phishing schemes, deceptive advertising, or fraudulent financial operations;
Malware, spyware, keyloggers, or malicious code;
Unsolicited commercial bulk communications (spam);
Content that promotes violence, defamation, harassment, or hate speech; or
Infringing copyrighted media, counterfeit trademarks, or unlicensed photography.

Gamma 91 reserves the right to immediately take down any website or suspend any account found to be in violation of this Acceptable Use Policy without prior notice or refund.

Your use of Gamma 91 is also subject to our full Acceptable Use Policy, which is incorporated into these Terms by reference.

13. Domain Names & DNS Routing

You may link your own custom domain name (e.g., yourbusiness.com) to your website by pointing your DNS records (CNAME or A records) to our routing endpoints as documented in your portal.
You remain the sole owner of your domain name and are responsible for all domain registration, renewal fees, and DNS provider maintenance.
Gamma 91 is not responsible for site downtime caused by expired domain registrations, incorrect third-party DNS records, or domain registrar outages.

14. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES, PLATFORM, AND HOSTED WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GAMMA 91 DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE AGAINST UNAUTHORIZED THIRD-PARTY ACCESS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL GAMMA 91, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
IN NO EVENT SHALL GAMMA 91’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO GAMMA 91 IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

16. Indemnification

You agree to defend, indemnify, and hold harmless Gamma 91, its contractors, licensors, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to:

Client Content submitted by you or your authorized representatives;
Your violation of these Terms, including the submission or collection of regulated data in violation of Section 2; or
Any third-party intellectual property or privacy claims concerning materials on your website.

17. Cancellation and Termination

Cancellation by Client: You may cancel your subscription at any time through your billing settings. Cancellation takes effect at the end of your current paid billing period, and no refund is provided for the remainder of that period (Section 3).

Post-Cancellation Site Status:

If your account has not reached the thirty-six (36) month active paid service milestone, hosting will terminate at the end of the billing cycle, and the website will be un-routed and archived.
If your account has reached or exceeded thirty-six (36) months of active paid service, you may download your complete, standalone static source code package prior to site de-provisioning per Section 6.

Data Retention After Cancellation: We may retain an archived copy of your website and Client Content for up to one (1) year after cancellation, during which you may reactivate your subscription or request a copy of your Client Content by contacting us. After that period, we may permanently delete your website, Client Content, and related account data, except where we are required to retain information by law.

Termination by Gamma 91: We may terminate or suspend your account immediately without liability if you breach any material provision of these Terms.

18. Governing Law & Dispute Resolution

Governing Law: These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-law principles.

Venue: Any dispute arising out of or relating to these Terms or the services shall be brought exclusively in the state or federal courts located in Knox County, Tennessee, and you and Gamma 91 consent to the personal jurisdiction of those courts.

Informal Resolution: Before filing a claim, you agree to contact us at legal@gamma91.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND GAMMA 91 EACH WAIVE THE RIGHT TO A TRIAL BY JURY, AND ANY CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

19. General Provisions

Force Majeure: Gamma 91 is not liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, acts of government, war, terrorism, labor disputes, power or internet failures, and outages of third-party infrastructure or service providers.

Notices: We may provide notices to you by email to the address associated with your account or through the client portal. You must send legal notices to us at legal@gamma91.com. Email notices are deemed received on the next business day after they are sent.

Assignment: You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

Relationship of the Parties: The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Entire Agreement: These Terms, together with our Acceptable Use Policy, Privacy Policy, and any order or plan details presented at checkout, constitute the entire agreement between you and Gamma 91 regarding the services and supersede any prior agreements or understandings.

Survival: Sections that by their nature should survive termination will survive, including Sections 3 (as to amounts owed and no refunds), 6, 10, 14, 15, 16, 17, 18, and 19.

20. Changes to These Terms

We may revise these Terms from time to time. If a revision is material, we will provide notice via email or through the client portal at least thirty (30) days prior to the effective date. Price changes are governed by the notice period in Section 3. By continuing to use the service after revisions become effective, you agree to be bound by the updated Terms.

21. Contact Information

Gamma 91 is a trade name of Holztrager Enterprises LLC. For legal notices, privacy questions, or inquiries regarding these Terms of Use, please contact:

Legal Inquiries: legal@gamma91.com
Mail: Holztrager Enterprises LLC, 9111 Cross Park Dr, D200-292, Knoxville, TN 37923