These Terms of Service (the "Terms" or "Agreement") govern your access to and use of the website eightx.co (the "Site"), the Eightx client platform at hub.eightx.co (the "Platform"), and any related services, content, tools, communications, or interactions provided by Eightx ("Eightx," "we," "us," or "our") (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility and Acceptance
You must be at least 18 years old to use the Service. By using the Service, you represent that you meet this requirement and that, if you are using the Service on behalf of an entity, you have authority to bind that entity to these Terms.
2. The Service
Eightx provides fractional CFO services, financial advisory content, free tools, related communications, and the Eightx client platform described below. The Service is provided on an "as is" and "as available" basis. Content on the Site, including blog posts, frameworks, and tools, is for general informational purposes and does not constitute legal, tax, accounting, financial, or investment advice. Engagement of professional services is subject to a separate written engagement letter; nothing on the Site creates a client relationship absent such an engagement.
2.1 The Eightx Platform
The "Platform" is the private, login-protected application available at hub.eightx.co that we make available to clients and their authorized users. The Platform connects to a client's financial, commerce, and advertising systems and produces dashboards, reports, forecasts, board packs, benchmarks, and AI-assisted answers. Access to the Platform is provided in connection with a separate written engagement for professional services; if there is a conflict between these Terms and that engagement letter regarding the Platform, the engagement letter controls.
2.2 Platform Accounts and Authorized Users
Platform access requires an account. You are responsible for maintaining the confidentiality of your login credentials, for all activity that occurs under your account, and for ensuring that each person you authorize to access a client organization is permitted to view that organization's financial data. You must promptly notify us of any unauthorized access. We may suspend accounts we reasonably believe are compromised or misused.
2.3 Connecting Third-Party Accounts
The Platform lets you connect third-party services (for example QuickBooks Online, Xero, Shopify, Meta Ads, and Google Ads) using OAuth or API credentials. By connecting a service, you represent that you are authorized to connect that account and to share its data with Eightx for the purpose of receiving the Services. Your use of each third-party service remains subject to that provider's own terms and privacy policy, and we are not responsible for third-party services or for data you instruct us to retrieve from them. You may disconnect a connected service at any time.
2.4 Client Data; Ownership and License
"Client Data" means the business, financial, commerce, advertising, and related data that you connect to, upload to, or generate through the Platform. As between you and Eightx, you own your Client Data, and Eightx acts as a service provider that processes Client Data on your behalf to provide the Services, as further described in our Privacy Policy and our Data Processing Addendum, which applies to the extent Eightx processes personal data on your behalf. You grant Eightx a non-exclusive, worldwide license to host, process, transmit, and display Client Data, and to create derived analyses, solely to provide and support the Services. You are responsible for the accuracy of Client Data and for having the rights and, where applicable, the legal basis and notices necessary to provide it to us, including any data relating to your own customers.
2.5 Aggregated and De-Identified Data
Notwithstanding Section 2.4, you agree that Eightx may create and use de-identified and aggregated data derived from Client Data — including cross-client benchmarks and industry insights — to operate, benchmark, and improve the Services and our other offerings. Such data does not identify you, your business, or any individual, and Eightx does not disclose any individual client's underlying Client Data to other clients. We will not publicly attribute aggregated insights to you without your consent. You may ask us to exclude your Client Data from cross-client benchmark calculations as described in our Privacy Policy.
2.6 AI-Assisted Features
The Platform includes features that use third-party artificial-intelligence models to analyze data, answer questions, and draft commentary. AI-generated output may be inaccurate or incomplete, is provided for informational purposes only, and does not constitute professional financial, tax, accounting, legal, or investment advice. You are responsible for reviewing and validating any output before relying on it. Our use of AI providers is described in the Privacy Policy.
3. Acceptable Use
You agree not to:
- Access the Service through automated means without our prior written consent (other than ordinary search-engine crawling);
- Reverse-engineer, scrape, or extract data from the Service for competitive or commercial purposes;
- Interfere with the Service's operation or attempt to access non-public areas;
- Access, or attempt to access, the Platform account or data of any client organization you are not authorized to access;
- Connect any third-party account you are not authorized to connect, or upload data you do not have the right to share;
- Use the Platform or its AI features to build a competing product or to circumvent usage or access limits;
- Use the Service to violate applicable law or the rights of any third party.
4. Intellectual Property
All content on the Site, including text, graphics, logos, frameworks, and tools, is owned by Eightx or licensed to it, and is protected by copyright, trademark, and other intellectual-property laws. You may view and share content for personal, non-commercial purposes with attribution. Any other use requires prior written consent.
5. Privacy and Tracking Technologies
Our collection and use of information about you is described in our Privacy Policy, which is incorporated into these Terms by reference. The Site uses tracking technologies, including analytics, advertising, and attribution pixels, that are disclosed in the Privacy Policy. By using the Service, you acknowledge and consent to those technologies as described.
6. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Service is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or availability. Eightx does not warrant that the Service will be uninterrupted, error-free, or secure. Any reliance on the Service or its content is at your sole risk.
6.1 Data Accuracy and Informational Output
The Platform's dashboards, metrics, forecasts, board packs, benchmarks, and AI-assisted answers are generated from Client Data and third-party sources and depend on the accuracy, completeness, and timeliness of that data and those sources. Outputs are estimates and informational tools, may contain errors, and do not constitute professional financial, tax, accounting, legal, or investment advice or a guarantee of any result. You are responsible for independently reviewing and validating any output before relying on or acting on it. Nothing in the Platform creates a fiduciary, advisory, or professional-services relationship absent a separate written engagement letter.
6.2 Third-Party Services and Dependencies
The Platform relies on third-party services and APIs that you connect or that we use to provide the Service (for example accounting, commerce, advertising, hosting, database, and AI providers). We do not control those services and are not responsible for their availability, accuracy, changes, suspension, or discontinuation, or for any loss, delay, or unavailability of data resulting from them. Your use of each connected service remains governed by that provider's own terms.
6.3 Beta and Evolving Features
The Platform and certain features are new and continue to evolve. We may add, change, suspend, or remove features, and may offer features identified as beta, preview, or early-access, which are provided "AS IS" without any warranty and may be modified or discontinued at any time. We may set and change usage limits.
7. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Eightx, its principals, employees, contractors, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or relating to your use of, or inability to use, the Service, regardless of the legal theory and even if Eightx has been advised of the possibility of such damages. The aggregate liability of Eightx arising out of or relating to these Terms or the Service shall not exceed CAD $100.
8. Indemnification
You agree to indemnify, defend, and hold harmless Eightx and its principals, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to (a) your use of the Service in violation of these Terms or applicable law, or (b) your violation of any rights of a third party.
9. Dispute Resolution
9.1 Application of This Section
This Section 9 governs any dispute, claim, or controversy arising under or relating to this Agreement, the Service, or any related communications or interactions between you and Eightx (each, a "Dispute"). This Section applies regardless of whether the Dispute sounds in contract, tort, statute, or any other legal theory. As used in this Section, "Claimant" means the party asserting a Dispute and "Respondent" means the party against whom a Dispute is asserted. Please read this Section carefully. It affects how disputes are resolved and limits the remedies available to you.
9.2 Pre-Dispute Notice Requirements
Before initiating any formal dispute-resolution process under this Section, Claimant shall send Respondent a detailed written notice of the Dispute by email to legal@eightx.co with delivery confirmation, and concurrently by certified mail or recognized international courier to Eightx's registered business address. The notice shall include all of the following:
- Claimant's full legal name and current postal address;
- all email addresses Claimant has used in connection with the Service;
- the specific date or dates on which Claimant accessed the Service that form the basis of the Dispute;
- the specific URL or URLs accessed;
- the approximate timestamps of the access;
- the device type, operating system, and browser used;
- the IP address or addresses used to access the Service, if known to Claimant;
- a factual basis for Claimant's standing to bring the Dispute;
- a specific description of the conduct alleged and the harm alleged;
- the legal theory or theories on which the Dispute is based;
- the nature of Claimant's fee arrangement with counsel, if any, including whether the representation is on a contingency, fee-sharing, referral, or hourly basis, the rate or percentage applicable, and the identity of any third party providing funding or financing in connection with the Dispute; and
- a list of all claims, demands, formal complaints, or arbitration proceedings filed by Claimant within the 24 months preceding the notice that assert substantively similar legal theories or arise from substantively similar conduct, including the names of respondents and the disposition of each.
A notice that omits any of the foregoing is procedurally deficient. The dispute-resolution timelines under this Section shall not commence until a compliant notice is received. The disclosures required by subparts (k) and (l) are intended to enable good-faith assessment of the Dispute and to enable any arbitrator to screen for fraud, abuse, or improper purpose.
9.3 Informal Resolution Period
Within 60 days of Respondent's receipt of a compliant notice under Section 9.2, the parties shall engage in informal resolution discussions. Such discussions shall include not fewer than two principal-level meetings, each attended by a principal of Claimant and a principal of Respondent. The parties shall coordinate scheduling in good faith, with Respondent making available a reasonable slate of dates within the 60-day period and Claimant selecting available dates from that slate. Meetings may be conducted by video conference. Claimant may be accompanied by counsel or an authorized representative. Failure of Claimant to participate in good faith in the required meetings is a material procedural defect, and no arbitration may be commenced unless and until the requirement is satisfied or expressly waived in writing by Respondent.
9.4 Binding Arbitration
Any Dispute that is not resolved through the process described in Sections 9.2 and 9.3 shall be resolved exclusively by final and binding arbitration administered by ADR Chambers under its then-current arbitration rules applicable to commercial or consumer disputes (as appropriate). Filings with any other arbitration provider shall be deemed procedurally deficient and shall not commence the arbitration. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Toronto, Ontario, Canada, and the language of the arbitration shall be English. Hearings may be conducted by video conference at the election of either party. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
9.5 Costs and Fees
Each party shall bear its own legal fees and costs except as otherwise provided in this Agreement or required by applicable law. The allocation of arbitration filing fees and arbitrator compensation shall be governed by the rules of the arbitration provider, including any consumer-protection floors imposed by those rules.
9.6 Class-Action Waiver
Each party may bring claims against the other only in such party's individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative or class proceeding. If any portion of this class-action waiver is found to be unenforceable as to a particular Dispute, that Dispute shall proceed in a court of competent jurisdiction (subject to all other terms of this Agreement, including without limitation Section 9.9), and the arbitration agreement set forth in Sections 9.4 through 9.5 and 9.7 through 9.8 shall be null and void as to that Dispute. The class-action waiver in this Section 9.6 is non-severable from the arbitration agreement; severance of the class-action waiver from the arbitration agreement is not permitted.
9.7 Carve-Outs from Arbitration
Notwithstanding the foregoing, either party may bring an action in a court of competent jurisdiction in Ontario, Canada for: (a) injunctive or other equitable relief to prevent or stop infringement, misappropriation, or unauthorized use of intellectual property; (b) collection of undisputed amounts due; (c) any small-claims-court action that falls within the monetary jurisdiction of such court and that is brought on an individual (non-class) basis; or (d) any other claim that, as a matter of law, may not be subject to pre-dispute arbitration. The pendency of any such court action shall not affect the parties' obligations under Sections 9.2 through 9.6 with respect to any other Dispute.
9.8 Survival
The obligations of Sections 9.2 through 9.7 survive termination of this Agreement.
9.9 Governing Law and Venue
This Agreement and any Dispute shall be governed by the substantive laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. Any Dispute that is not subject to arbitration under this Section, or that escapes the arbitration agreement for any reason, shall be brought exclusively in the courts located in Toronto, Ontario, Canada. Each party consents to the personal jurisdiction and venue of such courts for any such Dispute and waives any objection based on inconvenient forum or lack of personal jurisdiction.
9.10 Severability
If any provision of this Section 9 is held unenforceable, the unenforceable provision shall be severed and the remaining provisions shall remain in full force and effect, provided that the class-action waiver in Section 9.6 is non-severable from the arbitration agreement as set forth in that Section. Where any provision is held unenforceable in part, the provision shall be enforced to the maximum extent permitted by applicable law.
10. Termination
We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice. On termination of Platform access, your right to use the Platform ceases; Client Data will be handled as described in our Privacy Policy and any applicable engagement letter, and you may request an export of your Client Data before it is deleted or de-identified. Sections 4, 6 through 10, and 12 through 14 of these Terms survive termination.
11. Changes to These Terms
We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the date of the most recent revision. Material changes will be noted on the Site. Your continued use of the Service after a change becomes effective constitutes your acceptance of the revised Terms.
12. Miscellaneous
12.1 Feedback
If you give us suggestions, ideas, or other feedback about the Service, you grant Eightx a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or obligation to you.
12.2 Force Majeure
Eightx is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, outages, failures or changes of third-party services or networks, labor disputes, or governmental action.
12.3 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.
12.4 No Waiver; Severability
Our failure to enforce any provision is not a waiver of it. If any provision is held unenforceable, it shall be enforced to the maximum extent permitted and the remaining provisions shall remain in full force and effect, subject to Section 9.10.
12.5 Notices
We may provide notices to you by email, through the Platform, or by posting on the Site. Legal notices to Eightx must be sent as set out in Section 13.
12.6 Export and Sanctions
You represent that you are not located in, and will not use the Service in or for the benefit of, any country or party subject to applicable trade sanctions or export-control restrictions, and that your use of the Service complies with applicable export-control and sanctions laws.
13. Entire Agreement
These Terms, together with the Privacy Policy, the Data Processing Addendum, and any separate written engagement letter for professional services, constitute the entire agreement between you and Eightx with respect to the Service and supersede all prior or contemporaneous communications and proposals.
14. Contact
For legal notices: legal@eightx.co. For all other inquiries: contact@eightx.co.
