1. ACCEPTANCE OF TERMS
These Terms of Service ("Terms") govern your access to and use of the software platform, educational services, and other services (collectively, the "Services") provided by Eightcap LLC d/b/a 8CapAi and 8CapAcademy ("8Cap," "we," "us," or "our").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.
Contact Information:
Address: 8 The Green, Suite 22034, Dover, DE 19901
Email: [email protected]
Website: www.8capacademy.com
IMPORTANT: These Terms contain a binding arbitration clause and class action waiver in Section 20. You have the right to opt out as described in that section.
2. ELIGIBILITY AND ACCOUNT REQUIREMENTS
2.1 Business Use Only. The Services are intended exclusively for business use by commercial entities in the United States. The Services are not intended for consumer use or for use by individuals under 18 years of age.
2.2 Account Registration. To access certain Services, you must:
Be at least 18 years of age
Have authority to bind your business entity to these Terms
Provide accurate, complete, and current information
Maintain the security of your account credentials
Promptly notify us of any unauthorized access
2.3 Licensing Requirements. If you use the Platform as a mortgage broker or correspondent, you represent and warrant that you maintain all required state and local licenses, registrations, and bonds, and comply with all applicable regulatory requirements.
3. DESCRIPTION OF SERVICES
3.1 Platform Services. 8Cap provides a cloud-based software platform for commercial real estate professionals to manage loan transactions, connect with lenders and borrowers, and administer business functions through 8CapAi.
3.2 Education Services. 8Cap provides educational content, courses, training materials, and related resources through 8CapAcademy.
3.3 Add-On Services. 8Cap may offer optional third-party integrations and add-on services through API connections. These services are governed by both these Terms and the applicable third-party terms.
4. IMPORTANT DISCLAIMERS
4.1 Not a Financial Service Provider. 8Cap is a technology company providing software tools only. 8Cap is NOT:
A lender, broker, or financial institution
A party to any transaction between users
An agent or partner of any user
Responsible for loan decisions, creditworthiness evaluations, or transaction completion
Licensed or registered as a financial service provider
4.2 User Responsibility. You acknowledge and agree that:
The Platform is a software tool for administrative functions only
All lending, credit, and financial decisions are solely your responsibility
Compliance with all applicable laws and regulations is solely your responsibility
You are responsible for obtaining all required licenses and registrations
8Cap does not verify the suitability, legality, or terms of any transaction
8Cap does not guarantee transaction completion or funding
4.3 Educational Content. Educational materials provided through 8CapAcademy are for general informational purposes only and do not constitute financial, legal, tax, or professional advice. You should consult appropriate advisors for specific guidance.
5. SUBSCRIPTION PLANS AND BILLING
5.1 Plan Types. 8CapAi Software offers:
Free Plan: Limited functionality with limited support, available for life
Single-Team Plan: For individual team use
Multi-Team Plan: Includes specific number of team licenses with shared lender relationships and account-admin role.
5.2 Billing Cycles.
Subscription cycles begin on the 1st day of each month
You will be automatically billed in advance on or about the 1st day of each billing period
Subscriptions automatically renew unless cancelled before renewal
You authorize 8Cap to charge your designated payment method
5.3 Plan Changes.
Plan upgrades are billed pro-rata for remaining days in the current month
Plan downgrades take effect at the beginning of the next billing cycle
Before decreasing plans, team-account owner licenses must be deactivated
No refunds are provided for downgrades or cancellations
5.4 Non-Refundable Fees. All subscription fees are non-refundable. Once you activate
subscription, fees become non-refundable regardless of:
Usage level or satisfaction
Transaction outcomes
Service cancellation or downgrade
Platform performance
5.5 Payment Failure. If payment fails, 8Cap may suspend or cancel your subscription until successful payment is made.
5.6 Taxes. You are responsible for all applicable sales taxes, VAT, or similar taxes. 8Cap may add such taxes to your charges.
5.7 Price Changes. Subscription rates may change with notice. You may cancel before changes take effect.
6. TEAM STRUCTURE AND USER ROLES
6.1 Multi-Team Plan Structure:
Account-Owner: Selects subscription plans, manages billing, and invites account-admins
Account-Admin: Can invite team-owners to join the account
Team-Owner: Can invite team-members, manage team functions, and manage deal-related functions
Team-Member: Can manage deal-related functions
6.2 Team Licenses. Each invite requires an available team license. Licenses can be assigned to account-owners, account-admins, and team-owners.
6.3 Shared Resources. In multi-team plans, lender relationships may be shared between teams.
7. LENDER RELATIONSHIPS
7.1 Requesting Lender Connections. Users may request to add lenders to their 8Cap account by submitting the lender's email address through the Platform.
7.2 Lender Discretion. Lenders have sole discretion to accept or decline a user's connection request. 8Cap does not guarantee that any lender will accept a connection request.
7.3 Communication After Connection. Once a lender-user connection is established on 8Cap, the user may:
Communicate directly with the lender through the Platform
Provide deal-related information to the lender
Access lender-specific features and workflows
7.4 Lender Awareness. By submitting a lender's email address, you acknowledge and agree that:
The lender may become aware of your use of 8Cap
8Cap may contact the lender using various methods and channels, both within and outside the Platform
8Cap may inform the lender about Platform features and benefits
7.5 Lender Access to Activity. Lenders who connect with users on 8Cap may have access to:
User activity and engagement metrics
Deal information shared by the user
Communication history between the lender and user
Other Platform activity as necessary to facilitate the lender-user relationship
7.6 Lender Confidentiality Obligations. If you are a lender using 8Cap, you agree to:
Maintain confidentiality of user activity information
Not use knowledge of user activity in any public or commercial manner
Not disclose user 8Cap activity to the general public or other 8Cap users
Protect user information in accordance with applicable privacy laws
7.7 Protection of Lender Information. 8Cap will not publicly disclose to other users:
Lender names and contact information you provide
Your specific lender relationships
Private lender communications
However, 8Cap may use aggregated, de-identified lender data for Platform improvements and marketing purposes.
7.8 Lender Marketing and Referrals. You acknowledge and agree that:
Lenders may invite, suggest, or recommend that others join 8Cap
Lenders may conduct their own marketing activities related to their 8Cap presence
8Cap has no control over lender marketing or referral activities
8Cap is not responsible for representations made by lenders about the Platform
7.9 Lender Right to Disconnect. Lenders may, at any time and for any reason:
Block or ignore connection requests
Deny access to their lender profile
Disconnect from existing user relationships
Refuse to receive communications from users or 8Cap
Remove themselves from the Platform
You acknowledge that 8Cap has no control over lender decisions to connect, disconnect, or engage with users.
7.10 No Guarantee of Lender Engagement. 8Cap does not guarantee that:
Any lender will respond to your connection requests
Lenders will review your deals or information
Lenders will provide quotes or funding
Lender relationships will result in successful transactions
8. COMMERCIAL REAL ESTATE DATA
8.1 License Grant to 8Cap. By uploading Commercial Real Estate Data ("CRE Data") including property address, type, size, price, financial metrics, and related information, you grant 8Cap a royalty-free, non-exclusive, worldwide, non-revocable, perpetual license to:
Use, reproduce, display, and distribute the CRE Data
Modify, adapt, and create derivative works
Compile databases and commercially exploit the data
Share and transfer the data as deemed appropriate
8.2 Exclusion of Personal Information. This license excludes any personally identifiable information included in CRE Data. 8Cap will not use such information outside the scope of Services except as outlined in our Privacy Policy.
8.3 Your Representations. You affirm that you have necessary rights to upload and license the CRE Data and that such use does not infringe third-party rights.
8.4 Your Rights to CRE Data. You receive a non-transferable, non-exclusive license to access CRE Data solely for your personal business purposes. You may not:
Harvest, scrape, or automatically retrieve CRE Data
Copy, license, or sell CRE Data for use elsewhere
Use bots, spiders, or automated means to extract data
Redistribute CRE Data without written consent
9. REQUIRED CONSENTS AND COMPLIANCE
9.1 Electronic Communications. The Platform facilitates electronic exchange of data with borrowers. Before allowing a borrower to use the Platform, you must:
Provide all required privacy notices and disclosures
Obtain all required consents under applicable laws
Secure consent for electronic communications, records, and signatures
Ensure compliance with E-SIGN Act and similar laws
9.2 Regulatory Compliance. You must:
Maintain all required state and local licenses
Comply with all bond and registration requirements
Enter required broker-borrower agreements before inviting borrowers
Ensure compliance with Consumer Financial Protection Bureau regulations
Comply with all federal and state lending regulations
10. EDUCATIONAL CONTENT LICENSE
10.1 Limited License. Subject to these Terms, 8Cap grants you a limited, non-exclusive, non-transferable, revocable license to access and use educational content for your personal, non-commercial use only.
10.2 Restrictions. You may not:
Modify, copy, reproduce, or distribute educational content
Create derivative works from the content
Use content for commercial purposes
Share access credentials with others
Remove copyright or proprietary notices
10.3 Your Content Submissions. By submitting comments, reviews, or content to 8CapAcademy, you grant 8Cap a royalty-free, perpetual, irrevocable, worldwide license to use, modify, and distribute such content.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 8Cap Ownership. 8Cap and its licensors own all rights, title, and interest in the Services, including all intellectual property rights. No ownership rights transfer to you.
11.2 Feedback. Any suggestions, ideas, or feedback you provide become the property of 8Cap, and you assign all rights to such feedback without compensation.
11.3 Trademarks. 8Cap trademarks and logos may not be used without prior written permission.
12. MARKETING
12.1 Marketing License. Unless you expressly object and disclaim your acceptance prior to entering into this Agreement, you grant 8Cap a nonexclusive, nontransferable, non-sublicensable license to:
Disclose your company name and logo as a user and subscriber of our Services
Use your name and logo in 8Cap's marketing materials and public website
Identify you as a customer in marketing communications (website, emails, presentations, brochures)
Develop content around your experience as a customer (written or video case studies)
12.2 Brand Guidelines. 8Cap will use your trademarks in accordance with any reasonable brand guidelines you provide in writing.
12.3 Case Study Approval. Any case study content will be created in cooperation with you and used only upon your written approval.
12.4 Opt-Out Right. To opt out of this marketing license, you must provide written notice to [email protected] prior to accepting this Agreement, clearly stating that you decline the marketing provisions of Section 11.
12.5 Revocation. You may revoke the marketing license granted under this section at any time by providing written notice to 8Cap. Revocation will be effective within 30 days of receipt.
13. PROHIBITED USES
You agree not to:
Use the Services for unlawful purposes
Violate any applicable laws or regulations
Infringe intellectual property rights
Transmit viruses, malware, or harmful code
Attempt to gain unauthorized access to systems
Reverse engineer, decompile, or disassemble the Services
Use the Services to compete with 8Cap
Harvest or scrape data from the Platform
Share your account credentials
Circumvent security measures
Engage in fraudulent activities
Send spam or unsolicited communications
Create false or misleading information
Post third-party advertising on the Services
Create links from any third-party website to our Platform without written permission
13.1 No Advertising; No Links. We do not permit you to post third-party advertising on the Services. Except with our prior written permission, you agree that you will not create links from any third-party website or web page to our website or any page within our website
14. THIRD-PARTY SERVICES AND ADD-ONS
14.1 Third-Party Integrations. The Services may integrate with third-party services through APIs. 8Cap:
Does not control third-party services
Makes no warranties regarding third-party services
Is not liable for third-party service failures
May collect payment for add-on services on behalf of providers
14.2 Add-On Billing. Add-on services are billed separately and are non-refundable. Payment is handled by third-party processors.
14.3 Third-Party Terms. Your use of third-party services is subject to their separate terms and conditions.
15. DISCLAIMERS AND WARRANTIES
15.1 AS-IS BASIS. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
15.2 NO GUARANTEE. 8CAP DOES NOT WARRANT THAT:
Services will be uninterrupted, secure, or error-free
Results will be accurate or reliable
Defects will be corrected
Services will meet your requirements
Any transaction will be completed or funded
15.3 No Financial Advice. CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING EDUCATIONAL MATERIALS, DOES NOT CONSTITUTE FINANCIAL, LEGAL, TAX, OR INVESTMENT ADVICE.
16. LIMITATION OF LIABILITY
16.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, 8CAP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:
Indirect, incidental, special, consequential, or punitive damages
Lost profits, data, or business opportunities
Damages exceeding $100 or fees paid in the preceding 12 months, whichever is greater
Any transaction outcomes or failed fundings
Third-party actions or content
Unauthorized access or data breaches
Service interruptions or errors
16.2 Basis of Bargain. These limitations reflect the allocation of risk and are fundamental to our agreement.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless 8Cap and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:
Your use of the Services
Your violation of these Terms
Your violation of any laws or regulations
Your violation of third-party rights
Content you submit or upload
Your transactions with other users
Your negligence or misconduct
18. TERMINATION
18.1 By You. You may cancel your subscription at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of the current billing period. No refunds are provided.
18.2 By 8Cap. 8Cap may suspend or terminate your access immediately for:
Violation of these Terms
Non-payment
Fraudulent activity
Unlicensed use
Misuse of the Platform
Any reason or no reason with 30 days' notice
18.3 Effect of Termination. Upon termination:
Your license to use Services ends immediately
You must cease all use of the Services
You lose access to your account and data
Outstanding fees remain due
You may export your data within 30 days
8Cap may delete your data after 30 days
19. PRIVACY AND DATA PROTECTION
19.1 Privacy Policy. Our Privacy Policy, available at www.8capai.com, governs our collection and use of your information and is incorporated into these Terms.
19.2 Data Security. While 8Cap implements reasonable security measures, you acknowledge that no system is completely secure. You assume all risk related to data transmission.
19.3 Data Retention. 8Cap may retain data for legitimate business purposes or as required by law but is not obligated to retain data after termination.
20. DISPUTE RESOLUTION AND ARBITRATION
20.1 Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
20.2 BINDING ARBITRATION. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except:
Small claims court actions
Claims for injunctive relief regarding intellectual property
20.3 Arbitration Procedures.
Arbitration will be conducted in Kent County, Delaware
A single arbitrator will be appointed
The arbitrator's decision is final and binding
You may opt out within 30 days by written notice to 8Cap
20.4 CLASS ACTION WAIVER. YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
20.5 Jury Trial Waiver. You waive the right to a jury trial for all disputes.
20.6 Opt-Out Right. To opt out of arbitration, send written notice within 30 days of first using the Services to:
Email: [email protected]
Mail: Attn: Legal, 8 The Green, Suite 22034, Dover, DE 19901
Include: Your name, address, email, and clear statement opting out
20.7 Venue. If arbitration does not apply, exclusive jurisdiction and venue shall be in Kent County, Delaware.
20.8 Time Limit. Any claim must be filed within one (1) year after it arises or be permanently barred.
21. GENERAL PROVISIONS
21.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and 8Cap.
21.2 Modifications. 8Cap may modify these Terms at any time by posting updated Terms. Continued use after changes constitutes acceptance. Material changes will be communicated via email or account notification.
21.3 Severability. If any provision is found unenforceable, the remaining provisions continue in full force.
21.4 No Waiver. Failure to enforce any provision does not constitute a waiver of that provision.
21.5 Assignment. You may not assign these Terms. 8Cap may assign these Terms without notice.
21.6 Independent Contractors. You and 8Cap are independent contractors. These Terms do not create an agency, partnership, or employment relationship.
21.7 Force Majeure. 8Cap is not liable for delays or failures due to circumstances beyond reasonable control.
21.8 Notices. Notices to you may be sent via email or posted in your account. Notices to 8Cap must be sent to [email protected] or our mailing address.
21.9 Survival. Sections that by nature should survive termination shall survive, including intellectual property, indemnification, limitation of liability, and dispute resolution provisions.
You can cancel the SMS service at any time. Just text "STOP" to the 585-888-5964. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected]
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message Frequency May Vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please read our privacy policy: https://8capacademy.com/privacy-policy-page
23. CONTACT INFORMATION
For questions about these Terms or the Services:
Email: [email protected]
Address: 8 The Green, Suite 22034, Dover, DE 19901
24. ACKNOWLEDGMENT
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.