Terms of Service

Definitions

In these Terms of Service, the following terms have the meanings set out below:

Acceptance of Terms

By creating an account, accessing, or using the Platform, you confirm that:

• You have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy;
• You are at least 18 years of age, or the age of majority in your jurisdiction;
• If you are accessing the Platform on behalf of an entity, you have the authority to bind that entity to these Terms;
• Your use of the Platform does not violate any applicable laws in your jurisdiction.

If you do not agree to these Terms, you must not access or use the Platform.

Accounts & Registration

3.1 Account Creation

You may register using an email address and password, or via Google OAuth. You must provide accurate and complete information during registration and keep your account information up to date.

3.2 Account Security

You are responsible for maintaining the confidentiality of your credentials, including passwords, API Keys, and Agent Passports. You must notify us immediately at support@eightx.app if you suspect any unauthorised access to your account. EightX is not liable for any loss arising from unauthorised use of your account.

3.3 One Account Per User

Each User may maintain one primary account. You may not create multiple accounts to circumvent limits, bans, or credit policies. Enterprise customers may be granted multiple sub-accounts under a master agreement.

3.4 Account Verification

EightX reserves the right to require identity verification (KYC/KYB) before activating certain account features, particularly for high-volume Credit purchases or Enterprise tier access.

Platform Services

4.1 Smart Router

EightX's Smart Router intelligently routes AI queries to Third-Party Providers based on cost, speed, or quality parameters you specify. EightX does not guarantee specific model selection, provider availability, or routing outcomes. The Smart Router operates on a commercially reasonable efforts basis.

4.2 API Access

Subject to these Terms and payment of applicable fees, EightX grants you a limited, non-exclusive, non-transferable licence to access the Platform API for your internal business purposes. You may not resell, sublicense, or white-label EightX API access without written consent from EightX.

4.3 Third-Party Providers

When using the Smart Router, your queries are transmitted to Third-Party Providers. Your use of their services is subject to their terms and policies in addition to these Terms. EightX is not responsible for the accuracy, quality, legality, or appropriateness of AI-generated outputs from Third-Party Providers.

4.4 Service Availability

EightX targets 99.5% monthly uptime for paid tier users. Scheduled maintenance will be communicated in advance. Unplanned outages caused by Third-Party Provider failures are outside EightX's SLA. No compensation is owed for outages caused by factors outside EightX's reasonable control.

4.5 BYOK (Bring Your Own Keys)

Enterprise BYOK customers may connect their own Third-Party Provider API keys. In this configuration, EightX acts as a routing and governance layer only. EightX does not store BYOK API keys in plaintext and implements industry-standard key management practices.

Credits & Payments

5.1 Credit Purchases

Credits are purchased via Stripe at a rate of 1,000 Credits = USD $10. Credit purchases are processed in US Dollars. Prices are inclusive of any applicable Stripe processing fees. Minimum purchase is 1,000 Credits ($10). EightX may offer bulk pricing or forward contracts at its discretion.

5.2 Credit Properties

• Non-refundable. Once purchased, Credits cannot be refunded or converted to fiat currency, except where required by applicable consumer protection law.
• Non-transferable. Credits are locked to the purchasing account and cannot be sent to other users.
• Non-exchangeable. Credits cannot be converted to any other form of value outside the Platform.
• Expiry. Credits expire 12 months from the date of purchase unless extended under a Pro or Business plan.
• Sole use. Credits may only be used to pay for AI routing queries and Platform services on eightx.app.

5.3 Credit Consumption

Credits are deducted in real time per query based on the model selected by the Smart Router and tokens processed. EightX aims to lock Credit consumption rates at provider rates prevailing at the time of purchase. Provider price increases after your purchase date do not affect your locked Credit rates, subject to our forward pricing terms.

5.4 Subscription Fees

Subscription tiers (Free, Pro, Business, Enterprise) are billed monthly or annually via Stripe. Subscriptions auto-renew unless cancelled before the renewal date. Downgrade or cancellation takes effect at the end of the current billing period. EightX reserves the right to modify pricing with 30 days' notice.

5.5 Taxes

All fees are exclusive of taxes unless stated otherwise. You are responsible for paying all applicable taxes, duties, and levies in your jurisdiction. EightX may collect and remit VAT/GST where required by law.

5.6 Failed Payments

If a payment fails, EightX may suspend your account access until payment is resolved. Unpaid amounts accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.

5.7 Points Programme

EightX may operate a points programme awarding points for platform activity. Points have zero monetary value, cannot be sold, transferred, or traded, do not represent ownership or governance rights, and may be modified or discontinued at any time without notice. No future utility or conversion of points is guaranteed.

Agent Marketplace

6.1 Marketplace Services

The Marketplace provides access to pre-configured AI services. Deployment of Marketplace services consumes Credits at rates displayed at time of deployment. EightX acts as an intermediary between Users and the underlying AI capabilities.

6.2 Service Quality

Marketplace services carry a Quality Score reflecting historical performance. Quality Scores are informational only and do not constitute a warranty or guarantee of performance. EightX reserves the right to remove or suspend Marketplace services that fail to meet quality thresholds.

6.3 Marketplace Fees

EightX charges a platform fee on Marketplace transactions ranging from 0.5% to 5% depending on your subscription tier. Full fee schedules are published at eightx.app/pricing.

6.4 No Warranty on Outputs

AI-generated outputs from Marketplace services are provided as-is. You are responsible for verifying outputs before relying on them for any business, legal, financial, or other purpose. EightX accepts no liability for damages arising from reliance on AI-generated content.

Agent Passports

7.1 Issuance

Agent Passports are JWT credentials issued to autonomous AI agents. Each Passport carries a unique identifier (agt_8x_…), spend limit, quality score, and expiry date of up to 12 months. Passports are issued under the account of the User who creates them.

7.2 User Responsibility

You are fully responsible for all actions taken by Agents using Passports issued under your account. An Agent's activity is treated as your activity for all purposes under these Terms, including liability for prohibited use, credit consumption, and compliance obligations.

7.3 Spend Limits

You must set and maintain appropriate spend limits on each Agent Passport. EightX is not liable for over-consumption of Credits by Agents unless caused by a verified EightX system error.

7.4 Revocation

You may revoke any Agent Passport at any time via the Dashboard. EightX may revoke Passports where the associated Agent is found to be in violation of these Terms.

Prohibited Use

You must not use the Platform to:

• Generate, distribute, or store content that is unlawful, harmful, abusive, defamatory, obscene, or otherwise objectionable;
• Create, train, or deploy systems designed to deceive, defraud, manipulate, or harm individuals;
• Produce spam, phishing content, or unsolicited commercial communications at scale;
• Generate synthetic media that falsely represents real individuals without consent;
• Circumvent, disable, or interfere with Platform security, rate limiting, authentication, or access controls;
• Scrape, extract, or reverse-engineer Platform APIs beyond your licensed access;
• Resell, sublicense, or white-label Platform API access without EightX's prior written consent;
• Violate the acceptable use policies of any Third-Party Provider whose models you access via EightX;
• Engage in any activity that violates applicable laws, including export controls, sanctions, anti-money laundering, or data protection regulations;
• Use the Platform to develop a competing service using EightX's proprietary routing logic, quality scoring, or Passport infrastructure.

EightX reserves the right to immediately suspend access for any prohibited use without refund.

Intellectual Property

9.1 EightX IP

The Platform, including its software, interfaces, routing algorithms, quality scoring methodology, Agent Passport protocols, branding, and documentation, is the exclusive property of EightX and its licensors. Nothing in these Terms grants you any ownership rights in EightX IP.

9.2 Your Content

You retain ownership of all prompts, data, and content you submit to the Platform ("User Content"). By using the Platform, you grant EightX a limited licence to process User Content solely to provide the services described in these Terms. EightX does not use User Content to train its own AI models.

9.3 AI Outputs

Ownership of AI-generated outputs is subject to the terms of the relevant Third-Party Provider. You are responsible for understanding and complying with those terms. EightX makes no representation regarding the originality, copyright, or patentability of AI-generated content.

9.4 Feedback

If you provide feedback, suggestions, or ideas about the Platform, you grant EightX a perpetual, irrevocable, royalty-free licence to use such feedback for any purpose, including improving the Platform, without obligation to you.

Data & Privacy

Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. Key points:

• EightX logs metadata about API queries (timestamps, model selected, token counts, credit deductions) for billing, quality assurance, and mission control purposes;
• EightX stores conversation data associated with your account for operational purposes and as configured in your Dashboard;
• EightX implements industry-standard security measures including parameterized queries, HMAC-SHA256 signing, and encrypted credential storage;
• EightX does not sell your personal data to third parties;
• Data retention periods and your rights are set out in the Privacy Policy.

Disclaimers

EightX does not warrant that:

• The Platform will be uninterrupted, error-free, or free from security vulnerabilities;
• AI-generated outputs will be accurate, complete, or fit for any particular purpose;
• Third-Party Provider models will remain available or produce consistent outputs;
• The Smart Router will always select the optimal model for your use case.

You assume all risk associated with your use of AI-generated content. Critical decisions should not be made solely on the basis of AI outputs without independent verification.

Limitation of Liability

To the maximum extent permitted by applicable law:

• EightX's total aggregate liability to you for any claims arising from or related to these Terms or the Platform shall not exceed the greater of: (a) the total amount you paid to EightX in the 12 months preceding the event giving rise to liability, or (b) USD $100.
• EightX shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, revenue, data, goodwill, or business opportunities, even if advised of the possibility of such damages.
• Third-party failures — EightX is not liable for service interruptions, data loss, or errors caused by Third-Party Providers, infrastructure providers (including Railway and Vercel), or Stripe.

Some jurisdictions do not permit exclusion of certain warranties or limitation of certain liabilities. In such jurisdictions, EightX's liability is limited to the minimum extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless EightX and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Platform in violation of these Terms;
• Your User Content or AI outputs generated on your behalf;
• Your violation of any applicable law or third-party rights;
• Any Agent operating under a Passport issued to your account.

Termination

14.1 By You

You may close your account at any time via the Dashboard or by contacting support@eightx.app. Unused Credits at time of closure are forfeited unless applicable law requires otherwise.

14.2 By EightX

EightX may suspend or terminate your account immediately and without prior notice if: you breach these Terms; your use poses a security risk; your account is involved in fraud or prohibited activity; or EightX is required to do so by law or court order.

14.3 Effect of Termination

Upon termination, your licence to use the Platform ceases immediately. EightX will retain your data as required by law or our Privacy Policy. Provisions that by their nature should survive termination (including Sections 8, 9, 11, 12, 13, 15) will survive.

Governing Law & Disputes

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Cayman Islands, without regard to conflict of law provisions.

15.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Platform shall first be attempted to be resolved through good-faith negotiation. If not resolved within 30 days, the dispute shall be submitted to binding arbitration in the Cayman Islands under the rules of the Cayman Islands International Arbitration Centre (CIAC), conducted in English.

15.3 Class Action Waiver

You waive any right to bring or participate in any class action, collective action, or representative proceeding against EightX.

15.4 EU/UK Users

If you are a consumer resident in the European Union or United Kingdom, you may have statutory rights that cannot be waived by contract. Nothing in these Terms limits your rights under applicable consumer protection law, including your right to bring proceedings in your local courts.

Changes to Terms

EightX may update these Terms at any time. Material changes will be notified to you by email (to the address on your account) and via a banner on the Platform at least 14 days before taking effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

For changes required by law or to address security issues, EightX may give shorter notice or no notice.

Contact & Legal Entity

If you have questions about these Terms or wish to contact EightX regarding a legal matter: