Terms of Service

Eightcap LLC d/b/a 8CapAi

Effective Date: May 14, 2026
Last Updated: May 14, 2026

1. ACCEPTANCE OF TERMS

These Terms of Service (“Terms”) govern your access to and use of the software platform and related services
(collectively, the “Services”) provided by Eightcap LLC d/b/a 8CapAi (“8CapAi,” “we,” “us,” or “our”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not
access or use the Services.

Contact Information

Address: 8 The Green, Suite 22034, Dover, DE 19901
Email: support@8capai.com
Website: www.8capai.com

2. ELIGIBILITY AND ACCOUNT REQUIREMENTS

2.1 Business Use Only

The Services are intended exclusively for business use by commercial entities located in the United States.
The Services are not intended for consumer use or for use by individuals under 18 years of age.
We do not knowingly provide Services to anyone under 18.

2.2 Account Registration

To access the 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 Services as a mortgage broker, correspondent, or lender, you represent and warrant that you
maintain all required state and local licenses, registrations, and bonds, and comply with all applicable
regulatory requirements.

2.4 Self-Reported Information

You acknowledge that 8CapAi does not independently verify employment, licensing status, company affiliation,
or any other information you provide at registration. You are solely responsible for the accuracy of the
information you submit.

3. DESCRIPTION OF SERVICES

3.1 Platform Services

8CapAi provides a cloud-based software platform for commercial real estate financing professionals.

3.2 Scope of Workflow Services

The Services cover the deal lifecycle from intake through quote acceptance only. All activities after quote
acceptance — including but not limited to due diligence, underwriting, document collection, regulatory
disclosures, loan closing, funding, and servicing — occur outside the Services.

8CapAi is not a loan origination system (LOS), loan management system, escrow service, or closing platform.

3.3 Private Networks

Each Client’s Lender network is private and exclusive to that Client’s company account. No other Client or
Client company account can view, browse, access, or search another Client’s Lender connections under any
circumstances.

There is no platform-wide Lender directory and no search functionality for finding Lenders across the platform.
The only way a Client may add a Lender to their network is by entering that Lender’s email address directly
into the platform.

3.4 Add-On Services

8CapAi 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

8CapAi is a technology company providing software tools only. 8CapAi is NOT:

• A lender, broker, correspondent, 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 Automated Matching — No Guarantee

The Services include automated matching features that are informational only and do not constitute a
recommendation, endorsement, or guarantee regarding any Lender, loan program, or transaction.

4.3 User Responsibility

You acknowledge and agree that:

• The Services are software tools for administrative and workflow functions only
• All lending, credit, suitability, 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
• 8CapAi does not verify the suitability, legality, or terms of any transaction
• 8CapAi does not guarantee transaction completion or funding

4.4 No AI Training on User Data

8CapAi does not use Client deal data, Lender Mandates, Lender communications, or other user-submitted content
to train third-party generative AI models or large language models without explicit consent.

Aggregated and de-identified data may be used for platform improvement and analytics as described in our
Privacy Policy.

5. SUBSCRIPTION PLANS AND BILLING

5.1 Plan Types

The 8CapAi software platform offers the following subscription plans for Clients (brokers, investors, and
other commercial real estate professionals):

• Free Forever — A free Client plan with limited functionality.
• Basic — Paid plan with expanded functionality for growing networks.
• Professional — Paid plan with the largest capacity for established networks and multi-user teams.

Plan features, pricing, and capacity limits are published on the 8CapAi website and may change with notice.

Lender accounts are currently provided at no cost. 8CapAi reserves the right to modify plan structures,
features, and pricing at any time.

5.2 Payment Processor

All paid subscriptions are processed by Stripe. 8CapAi does not store full payment card numbers on its
systems.

5.3 Billing Cycles

• Subscription cycles begin on the 1st day of each month
• You will be automatically billed in advance
• Subscriptions automatically renew unless cancelled before renewal

5.4 Plan Changes

• Plan upgrades are billed pro-rata
• Plan downgrades take effect next billing cycle
• No refunds are provided for downgrades or cancellations

5.5 Non-Refundable Fees

All subscription fees are non-refundable.

5.6 Payment Failure

If payment fails, 8CapAi may suspend or cancel your subscription until successful payment is made.

5.7 Taxes

You are responsible for all applicable sales taxes, VAT, or similar taxes.

5.8 Price Changes

Subscription rates may change with notice. You may cancel before changes take effect.

6. USER ROLES

6.1 Platform Roles

• Client — A mortgage broker, real estate investor, or other commercial real estate
  professional with deals that need financing.
• Lender — A representative of a bank, private lender, debt fund, credit union, or any
  institution that originates commercial real estate loans.

6.2 Multi-User Accounts

Certain paid plans support multi-user accounts.

6.3 Individual Lender Accounts

Lender accounts are per-person. There is no shared Lender-company account.

7. LENDER RELATIONSHIPS

Each Lender account on 8CapAi represents an individual person acting as a representative of the lending
institution they associate with their account.

7.1 Lender Discretion

Lenders have sole discretion to accept, ignore, or decline a Client’s connection request.

7.2 Lender Awareness

By submitting a Lender’s email address, you acknowledge that:

• The Lender may become aware of your use of 8CapAi
• 8CapAi may contact the Lender through various methods
• 8CapAi may inform the Lender about platform features and benefits

7.3 Lender Access to Activity

• Client activity and engagement metrics
• Deal information shared with the Lender
• Communication history
• Other necessary platform activity

7.4 Lender Confidentiality Obligations

If you are a Lender using 8CapAi, you agree to:

• Maintain confidentiality of Client information
• Not disclose Client activity publicly
• Protect Client information under applicable laws

7.5 Protection of Lender Information

8CapAi will not publicly disclose private Lender relationships or communications.

7.6 Lender Marketing and Referrals

8CapAi is not responsible for representations made by Lenders about the Services.

7.7 Lender Right to Disconnect

• Block or ignore requests
• Deny access to profiles or mandates
• Disconnect existing relationships
• Remove themselves from the platform

7.8 No Guarantee of Lender Engagement

• Any Lender will respond
• Lenders will review deals
• Lenders will provide quotes or funding
• Transactions will be successful

8. MANDATES AND DEAL DATA

8.1 Mandates Defined

A “Mandate” is structured data describing loan programs a Lender is willing to fund.

8.2 Commercial Real Estate Data License

By uploading Commercial Real Estate Data (“CRE Data”), you grant 8CapAi a royalty-free, non-exclusive,
worldwide, perpetual license to use and process the data for platform operations and improvements.

8.3 Your Representations

You affirm that you have all rights necessary to upload and license the CRE Data and Mandates.

8.4 Your Rights to Platform Data

You may not:

• Harvest or scrape platform data
• Use bots or automated extraction tools
• Redistribute data without written consent

8.5 Deal Invitations and Notifications

Clients may withdraw deal invitations at any time. You consent to receiving operational notifications related
to deal activity.

9. REQUIRED CONSENTS AND COMPLIANCE

9.1 Electronic Communications

• Provide required privacy notices
• Obtain required borrower consents
• Comply with E-SIGN laws

9.2 Regulatory Compliance

• Maintain required licenses
• Comply with CFPB regulations
• Comply with all lending laws

10. INTELLECTUAL PROPERTY RIGHTS

10.1 8CapAi Ownership

8CapAi and its licensors own all rights, title, and interest in the Services.

10.2 Feedback

Any feedback you provide becomes the property of 8CapAi.

10.3 Trademarks

8CapAi trademarks and logos may not be used without written permission.

11. MARKETING

11.1 Marketing License

Unless you opt out before accepting this Agreement, you grant 8CapAi permission to use your company name and
logo in marketing materials.

11.2 Brand Guidelines

8CapAi will follow reasonable brand guidelines provided by you.

11.3 Case Study Approval

Case studies require your written approval.

11.4 Opt-Out Right

To opt out, email
support@8capai.com
before accepting these Terms.

11.5 Revocation

You may revoke the marketing license with written notice.

12. PROHIBITED USES

You agree not to:

• Use the Services unlawfully
• Transmit malware or harmful code
• Reverse engineer the Services
• Harvest or scrape platform data
• Share account credentials
• Engage in fraudulent activities
• Create false information about deals or lenders

13. THIRD-PARTY SERVICES AND SUB-PROCESSORS

13.1 Sub-Processors

The Services rely on third-party providers for communications and payment processing.

13.2 Third-Party Integrations

8CapAi does not control or guarantee third-party services.

13.3 Add-On Billing

Add-on services are billed separately and are non-refundable.

14. DISCLAIMERS AND WARRANTIES

14.2 No Guarantee

• Services will be uninterrupted or error-free
• Matching results will be accurate
• Transactions will be completed or funded

14.3 No Financial Advice

Content provided through the Services does not constitute financial, legal, tax, or investment advice.

15. LIMITATION OF LIABILITY

To the maximum extent permitted by law, 8CapAi shall not be liable for indirect, incidental, special,
consequential, or punitive damages.

Liability is limited to $100 or fees paid during the preceding 12 months, whichever is greater.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless 8CapAi from claims arising from your use of the Services,
violation of these Terms, or violation of any laws.

17. TERMINATION

17.1 By You

You may cancel your subscription at any time through your account settings or by contacting
support@8capai.com.

17.2 By 8CapAi

8CapAi may suspend or terminate your access for violations, non-payment, fraud, or misuse.

17.3 Effect of Termination

• Your access ends immediately
• You lose access to your data
• Outstanding fees remain due

18. PRIVACY AND DATA PROTECTION

18.1 Privacy Policy

Our Privacy Policy governs our collection and use of your information.

18.2 Data Security

No system is completely secure. You assume risks related to data transmission.

18.3 Data Retention

8CapAi may retain data for legitimate business purposes or legal obligations.

19. DISPUTE RESOLUTION AND ARBITRATION

19.1 Governing Law

These Terms are governed by the laws of the State of Delaware.

19.2 Binding Arbitration

Disputes shall be resolved through binding arbitration administered by the American Arbitration Association.

19.3 Arbitration Procedures

• Arbitration will occur in Kent County, Delaware
• A single arbitrator will decide disputes
• The decision is final and binding

19.4 Class Action Waiver

19.5 Jury Trial Waiver

You waive the right to a jury trial.

19.6 Opt-Out Right

To opt out of arbitration, send written notice within 30 days to:

Email:
support@8capai.com

Mail:
Attn: Legal
8 The Green, Suite 22034
Dover, DE 19901

19.7 Venue

Exclusive jurisdiction shall be in Kent County, Delaware.

19.8 Time Limit

Claims must be filed within one (1) year.

20. GENERAL PROVISIONS

• 20.1 Entire Agreement: These Terms and Privacy Policy constitute the entire agreement.
• 20.2 Modifications: 8CapAi may modify these Terms at any time.
• 20.3 Severability: Invalid provisions do not affect remaining provisions.
• 20.4 No Waiver: Failure to enforce a provision is not a waiver.
• 20.5 Assignment: You may not assign these Terms.
• 20.6 Independent Contractors: No partnership or employment relationship is created.
• 20.7 Force Majeure: 8CapAi is not liable for events beyond reasonable control.
• 20.8 Notices: Notices may be sent via email or account notifications.
• 20.9 Survival: Certain provisions survive termination.

21. SMS COMMUNICATIONS

You can cancel SMS services at any time by texting STOP to 585-888-5964.

For help, reply HELP or contact
support@8capai.com.

Message and data rates may apply. Message frequency may vary.

Privacy Policy:

https://www.8capai.com/privacy-policy

22. CONTACT INFORMATION

Eightcap LLC d/b/a 8CapAi
8 The Green, Suite 22034
Dover, DE 19901
United States

Email:
support@8capai.com

Website:

https://www.8capai.com

23. ACKNOWLEDGMENT

This document was last revised on May 14, 2026.
8CapAi recommends review by qualified legal counsel before publication.