Terms of Service

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.

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. Match results depend on the accuracy and completeness of data entered by users and may change at any time without notice.

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. No credit card required at signup.
• 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. Lender accounts are currently provided at no cost. Lenders are not charged to receive deals or use core Lender functionality under the current plan structure. 8CapAi reserves the right to modify plan structures, features, and pricing at any time as described in Section 5.8.

5.2 Payment Processor.

All paid subscriptions are processed by Stripe. 8CapAi does not store full payment card numbers on its systems. By subscribing to a paid plan, you agree to Stripe’s terms and authorize 8CapAi and Stripe on its behalf to charge your designated payment method.

5.3 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

5.4 Plan Changes.

• Plan upgrades are billed pro-rata for the 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

5.5 Non-Refundable Fees.

All subscription fees are non-refundable. Once you activate a subscription, fees become non-refundable regardless of:

• Usage level or satisfaction
• Transaction outcomes
• Service cancellation or downgrade
• Platform performance

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. 8CapAi may add such taxes to your charges.

5.8 Price Changes.

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

6. User Roles

6.1 Platform Roles.

The Services define the following user roles:

• Client — a mortgage broker, real estate investor, or other commercial real estate professional with deals that need financing. Clients are the demand side of the platform and the primary paying users.
• Lender — a representative of a bank, private lender, debt fund, credit union, or any institution that originates commercial real estate loans. Lenders are the supply side of the platform.

6.2 Multi-User Accounts.

Certain paid plans support multi-user accounts. User roles and permissions within multi-user accounts are governed by the plan in effect and may be updated by 8CapAi at any time.

6.3 Individual Lender Accounts.

Lender accounts are per-person. There is no shared Lender-company account. Each person at a lending institution registers independently with no system-level affiliation to colleagues at the same institution.

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. The Lender account is the personal account of the individual user; it is not an account of the lending institution itself, and the lending institution is not a party to these Terms by virtue of any individual’s use of the Services. 8CapAi makes no representations about the authority of any Lender to act on behalf of the institution they associate with their account.

7.1 Lender Discretion.

Lenders have sole discretion to accept, ignore, or decline a Client’s connection request. A Lender’s decision regarding a connection determines what deal activity a Client may conduct with that Lender.

7.2 Lender Awareness.

As a Client, by submitting a Lender’s email address through the platform, you acknowledge and agree that:

• The Lender may become aware of your use of 8CapAi
• 8CapAi may contact the Lender using various methods and channels, both within and outside the platform
• 8CapAi may inform the Lender about platform features and benefits

7.3 Lender Access to Activity.

A Lender who connects with a Client on 8CapAi may have access to the following information about that Client’s activity on the platform:

• Client activity and engagement metrics relevant to deals the Client has shared with that Lender
• Deal information the Client has submitted to that Lender
• Communication history between the Client and the Lender
• Other platform activity as necessary to facilitate the Lender-Client relationship

7.4 Lender Confidentiality Obligations.

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

• Maintain confidentiality of Client activity information
• Not use knowledge of Client activity in any public or commercial manner
• Not disclose Client 8CapAi activity to the general public or other 8CapAi users
• Protect Client information in accordance with applicable privacy laws

7.5 Protection of Lender Information.

8CapAi will not publicly disclose to other Clients:

• The names or contact information of Lenders a Client has connected with
• A Client’s specific Lender relationships
• Private communications between a Client and a Lender

However, 8CapAi may use aggregated, de-identified Lender data for platform improvements, analytics, and marketing.

7.6 Lender Marketing and Referrals.

As a Client, you acknowledge and agree that:

• Lenders may invite, suggest, or recommend that others join 8CapAi
• Lenders may conduct their own marketing activities related to their 8CapAi presence
• 8CapAi has no control over Lender marketing or referral activities
• 8CapAi is not responsible for representations made by Lenders about the Services

7.7 Lender Right to Disconnect.

Lenders may, at any time and for any reason:

• Block or ignore connection requests
• Deny access to their Lender profile or Mandate
• Disconnect from existing Client relationships
• Refuse to receive communications from Clients or 8CapAi
• Remove themselves from the platform

As a Client, you acknowledge that 8CapAi has no control over Lender decisions to connect, disconnect, or engage with Clients.

7.8 No Guarantee of Lender Engagement.

As a Client, you acknowledge that 8CapAi 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. Mandates and Deal Data

8.1 Mandates Defined.

A “Mandate” is structured data describing the loan programs a Lender is willing to fund. Mandates are created by Clients or Lenders and are used by the platform’s matching features to identify relevant Lenders for a given deal.

8.2 Commercial Real Estate Data License.

By uploading Commercial Real Estate Data (“CRE Data”) — including property address, type, size, price, financial metrics, deal structure, and related information — you grant 8CapAi 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 and use aggregated data for platform development and improvement
• Share the data with third-party service providers as necessary to operate the Services

This license excludes personally identifiable information, which is governed by our Privacy Policy.

8.3 Your Representations.

You affirm that you have the necessary rights to upload and license the CRE Data and any Mandates you create, and that such use does not infringe third-party rights.

8.4 Your Rights to Platform Data.

You receive a non-transferable, non-exclusive license to access CRE Data and Mandate data within the Services solely for your personal business purposes. You may not:

• Harvest, scrape, or automatically retrieve CRE Data or Mandate data
• Copy, license, or sell CRE Data or Mandate data for use elsewhere
• Use bots, spiders, or automated means to extract data
• Redistribute platform data without written consent

7.9 Deal Invitations and Notifications.

A Client may withdraw any deal invitation at any time, for any reason, regardless of what action the Lender has taken — including after a quote has been submitted. Lender responses do not bind the Client. When a Client accepts a quote or withdraws a deal, the platform notifies the affected Lenders. You consent to receiving such operational notifications as a condition of using the Services.

9. Required Consents and Compliance

9.1 Electronic Communications

You are responsible for:

• Providing required privacy notices
• Obtaining required borrower consents
• Complying with E-SIGN laws

9.2 Regulatory Compliance

You agree to:

• 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, including all intellectual property rights. No ownership rights transfer to you.

10.2 Feedback.

Any suggestions, ideas, or feedback you provide become the property of 8CapAi, and you assign all rights to such feedback without compensation.

10.3 Trademarks.

8CapAi trademarks and logos — including “8CapAi” and associated marks — may not be used without prior written permission.

11. Marketing

11.1 Marketing License.

Unless you expressly object and disclaim your acceptance prior to entering into this Agreement, you grant 8CapAi a non-exclusive, non-transferable, non-sublicensable license to:

• Disclose your company name and logo as a user and subscriber of our Services
• Use your name and logo in 8CapAi’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

11.2 Brand Guidelines.

8CapAi will use your trademarks in accordance with any reasonable brand guidelines you provide in writing.

11.3 Case Study Approval.

Any case study content will be created in cooperation with you and used only upon your written approval.

11.4 Opt-Out Right.

To opt out of this marketing license, you must provide written notice to support@8capai.com prior to accepting this Agreement, clearly stating that you decline the marketing provisions of this Section 11.

11.5 Revocation.

You may revoke the marketing license granted under this section at any time by providing written notice to 8CapAi. Revocation will be effective within 30 days of receipt.

12. 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 8CapAi
• 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 about deals, Mandates, or Lender relationships
• Post third-party advertising on the Services
• Create links from any third-party website to our platform without written permission
• Attempt to identify another Client’s Lender network or reverse-engineer the matching algorithm

13. Third-Party Services and Sub-Processors

13.1 Sub-Processors.

The Services rely on third-party providers for email delivery, SMS communications, and marketing automation. These providers are listed in our Privacy Policy. Stripe is used for payment processing as described in Section 5.2. Each sub-processor operates under its own terms and privacy practices.

13.2 Third-Party Integrations.

The Services may integrate with additional third-party services through APIs. 8CapAi:

• 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

13.3 Add-On Billing.

Add-on services are billed separately and are non-refundable. Payment is handled by third-party processors.

14. Disclaimers and Warranties

14.1 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.

14.2 No Guarantee.

8CapAi does not warrant that:

• Services will be uninterrupted, secure, or error-free
• Automated matching results will be accurate or reliable
• Defects will be corrected
• Services will meet your requirements
• Any transaction will be completed or funded
• Lender Mandates, contact information, or program data will be current or accurate

14.3 No Financial Advice.

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

15. Limitation of Liability

15.1 Limitation of Liability.

To the maximum extent permitted by law, 8CapAi and its affiliates, officers, directors, employees, and agents shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, data, business opportunities, or commissions
• 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
• Inaccuracies in Lender Mandates or automated matching results

15.2 Basis of Bargain.

These limitations reflect the allocation of risk and are fundamental to our agreement.

16. Indemnification

You agree to defend, indemnify, and hold harmless 8CapAi 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, including Mandates and CRE Data
• Your transactions with other users
• Your negligence or misconduct

17. Termination

17.1 By You.

You may cancel your subscription at any time through your account settings or by contacting support@8capai.com. Cancellation takes effect at the end of the current billing period. No refunds are provided.

17.2 By 8CapAi.

8CapAi 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

17.3 Effect of Termination.

Upon termination:

• Your license to use the 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 of termination
• 8CapAi may delete your data after 30 days, subject to retention required by law

18. Privacy and Data Protection

18.1 Privacy Policy.

Our Privacy Policy, available at www.8capai.com, governs our collection and use of your information and is incorporated into these Terms.

18.2 Data Security.

While 8CapAi implements reasonable security measures, you acknowledge that no system is completely secure. You assume all risk related to data transmission.

18.3 Data Retention.

8CapAi may retain data for legitimate business purposes or as required by law but is not obligated to retain data after termination except as required by applicable financial recordkeeping requirements.

19. Dispute Resolution and Arbitration

19.1 Governing Law.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

19.2 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

19.3 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 8CapAi

19.4 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.

19.5 Jury Trial Waiver.

You waive the right to a jury trial for all disputes.

19.6 Opt-Out Right.

To opt out of arbitration, send written notice within 30 days of first using the Services to:

Include your name, address, email, and a clear statement opting out.

19.7 Venue.

If arbitration does not apply, exclusive jurisdiction and venue shall be in Kent County, Delaware.

19.8 Time Limit.

Any claim must be filed within one (1) year after it arises or be permanently barred.

20. General Provisions

20.1 Entire Agreement.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and 8CapAi.

20.2 Modifications.

8CapAi 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.

20.3 Severability.

If any provision is found unenforceable, the remaining provisions continue in full force.

20.4 No Waiver.

Failure to enforce any provision does not constitute a waiver of that provision.

20.5 Assignment.

You may not assign these Terms. 8CapAi may assign these Terms without notice.

20.6 Independent Contractors.

You and 8CapAi are independent contractors. These Terms do not create an agency, partnership, or employment relationship.

20.7 Force Majeure.

8CapAi is not liable for delays or failures due to circumstances beyond reasonable control.

20.8 Notices.

Notices to you may be sent via email or posted in your account. Notices to 8CapAi must be sent to support@8capai.com or our mailing address.

20.9 Survival.

Sections that by nature should survive termination shall survive, including intellectual property Section 10, marketing Section 11, indemnification Section 16, limitation of liability Section 15, and dispute resolution Section 19.

21. SMS Communications

You can cancel the SMS service at any time. Text STOP to 585-888-5964. We will send a confirmation that you have been unsubscribed. After this, you will no longer receive SMS messages from us. To rejoin, sign up as you did the first time.

For help with the messaging program, reply with the keyword HELP or contact us at support@8capai.com.

Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. Contact your wireless provider for questions about your text plan or data plan.

For privacy questions, see our Privacy Policy: https://www.8capai.com/privacy-policy

22. Contact Information

23. Acknowledgment

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

This document was last revised on June 9, 2026. 8CapAi recommends review by qualified legal counsel before publication.