Terms of Service

01The Services

8ight provides software and done-for-you services for business growth, including SEO and GEO content and visibility tracking, the Sales OS CRM, done-for-you email campaigns, an AI receptionist and phone line, Google Ads management, websites, reports and free tools.

A signed order form, proposal or partner agreement ("Order") may add to these Terms for a specific engagement. If an Order conflicts with these Terms, the Order wins for that engagement only. The description of each Service, its price and its limits are those on its page or in your Order at the time you buy.

We continually improve the Services and may add, change or remove features. If we remove a material feature you pay for, we will tell you in advance where reasonably possible.

02Who may use them

The Services are for businesses and professionals, not for personal, family or household use. You must be at least 18 and able to form a binding contract. You may not use the Services if you are barred from doing so under the laws of Canada or any other applicable jurisdiction, or to build a competing product.

03Your account

• Give us accurate information and keep it current.
• Keep your credentials, passkeys, API keys and connected accounts secure. You are responsible for everything done under your account, including by people you invite and by tools you connect.
• Tell us at once at daniel@8ight.ai if you suspect unauthorized use.

When you connect a third-party account (for example Google, your website, your mailbox or your phone number), you authorize us to access and act on it as needed to provide the Services you asked for, and you confirm you are entitled to give that authorization.

04Plans, trials, fees and billing

• Fees. You agree to pay the fees for the plan, usage and extras you choose, as shown at purchase or in your Order. Usage-based fees (for example per email sent or per answered call) are billed on our records of that usage, which are final absent a clear error you report within 30 days of the invoice.
• Automatic renewal. Subscriptions renew automatically for the same period and are charged to your payment method on file until you cancel.
• Trials. When a trial ends, paid features stop or lock unless you choose a paid plan. We may change or end trial offers at any time.
• Taxes. Prices exclude applicable taxes (such as HST/GST), which are added where required.
• Late or failed payment. If a payment fails or is overdue, we may suspend the Services, pause publishing, sending or call handling, and recover reasonable collection costs. Fees continue to accrue during a suspension caused by non-payment.
• Price changes. We may change prices for future billing periods with at least 30 days' notice. Continuing after the change takes effect means you accept it.
• Chargebacks. If you dispute a valid charge with your bank instead of contacting us, we may suspend your account until it is resolved.

05Cancellation and refunds

You can cancel a subscription at any time from your account or by writing to us; it stops at the end of the current billing period and you will not be charged again. Except where the law requires otherwise or your Order says so:

• Fees already paid are non-refundable, including for partial periods and unused allowances.
• Setup fees, and money we spend for you on third parties (such as domains, mailboxes, phone numbers, advertising spend and licensed media), are non-refundable once the work or purchase has started.
• Annual or prepaid plans are not refunded pro rata if you cancel early.

06No guaranteed results

Search engines, maps, AI assistants (such as ChatGPT, Claude, Gemini and Perplexity), email providers, carriers and ad platforms are run by third parties who change how they work without notice. We do not promise any particular ranking, position, mention or recommendation by an AI assistant, traffic, calls, leads, replies, inbox placement, sales or return on investment. Measurements we report (such as rankings and AI answers) are samples taken at a point in time and can differ from what you or your customers see. Any example, case study or estimate we share describes another situation and is not a promise about yours.

07Email, SMS and calls: your legal responsibility

When we send email, texts or make or answer calls for your business, you are the sender and the business on whose behalf the message is sent, and you are responsible for complying with every law that applies to it. These include, depending on where you and your recipients are, Canada's Anti-Spam Legislation (CASL), the CRTC Unsolicited Telecommunications Rules, the U.S. CAN-SPAM Act and Telephone Consumer Protection Act (TCPA), state and provincial telemarketing and call-recording laws, the GDPR, UK GDPR and PECR, and privacy laws such as PIPEDA. What is permitted depends on your business, your country and the people you contact, and the law changes.

You represent and warrant that, for every person you ask us to contact or whose details you upload:

• you have the consent, or a valid exemption or lawful basis, that the applicable law requires to contact them in that way;
• the list was collected lawfully, is not purchased or scraped in breach of law or of a third party's terms, and excludes anyone who has opted out or is on an applicable do-not-call or suppression list;
• your messages are truthful, identify your business, and include accurate contact details and a working way to unsubscribe, which you will honour within the time the law sets;
• you give any notice or obtain any consent required for calls to be answered by an AI, recorded or transcribed.

We build the Services to support compliance (separate sending domains, sender identification, unsubscribe handling, suppression and paced sending). That does not make us your legal adviser and does not move your compliance obligations to us. We do not give legal advice; consult your own lawyer about your situation. We may review, refuse, pause or stop any list, message, campaign, number or call flow at any time, without liability, if we believe it may breach the law, these Terms or a provider's rules, or harm our sending reputation or other customers.

08Content we write for you

Articles, posts, emails, scripts, images, video and answers may be produced or assisted by artificial intelligence. AI can be wrong. We take care to keep what we publish accurate, but you know your business best and you are responsible for reviewing content about your services, prices, licences, hours, guarantees and claims, and for telling us promptly about anything that needs correcting. Where you have chosen automatic publishing, you accept that content may go live without your prior review. We are not responsible for statements made in reliance on information you gave us.

You confirm that the materials you give us (logos, photos, text, testimonials, customer data) are yours to use or properly licensed, and do not infringe anyone's rights.

09Your data and the people in it

You keep ownership of the data you put into the Services ("Customer Data"), such as leads, contacts, call details and website data. For personal information within Customer Data, you are the organization responsible for it (the controller), and we process it on your behalf and on your instructions to provide the Services. You are responsible for having the right to collect it and share it with us, and for any privacy notice your own customers need. Our Privacy Policy explains how we handle personal information.

You grant us a worldwide, non-exclusive licence to host, copy, process and display Customer Data only as needed to provide, secure and support the Services, to comply with law, and to produce aggregated or de-identified statistics that do not identify you or any individual. Keep your own copies of important data; you can export it while your account is active and for 30 days after it ends, after which we may delete it.

10Acceptable use

You will not use the Services, or let anyone else use them, to:

• break any law or anyone's rights, including privacy, anti-spam, consumer protection, advertising and intellectual-property laws;
• send spam or messages to purchased, rented or harvested lists without a lawful basis, or disguise who is sending;
• publish false, misleading, defamatory, hateful, harassing or sexually explicit content, fake reviews, or impersonate any person or business;
• promote illegal goods or services, gambling, weapons, adult services, or high-risk financial schemes;
• upload malware, probe or attack our systems or other customers, or get around limits, security or billing;
• scrape, copy, resell, reverse-engineer or build a competing product from the Services, except as the law expressly allows;
• generate premium-rate, fraudulent or abusive calls or texts.

We may remove content and suspend anything that breaches this section, without notice where the risk justifies it.

11Third-party services

The Services rely on and connect to third parties, such as Google, OpenAI, Anthropic, Stripe, Twilio, ElevenLabs, email and domain providers, website hosts and content platforms. Your use of them is also subject to their terms. We are not responsible for their availability, changes, decisions (such as suspending an account, a number, a domain or an ad), data handling or errors, and an outage or policy change on their side is not a breach by us.

12Ownership and licences

• Ours. We own the Services: the software, platform, models, prompts, templates, designs, methods, reports format, know-how and everything we develop, including improvements made while serving you. Nothing in these Terms transfers them to you.
• Yours. Once paid for, the articles and other deliverables we create specifically for you and publish to your own properties are yours to keep, including after you leave. This does not include our underlying tools, templates or methods.
• Your brand. You let us use your name, logo and materials only to perform the Services for you. We will not name you publicly as a customer without your permission.
• Feedback. If you send ideas or suggestions, we may use them without any obligation to you.

13Disclaimers

To the maximum extent permitted by law, the Services, all content and all results are provided "as is" and "as available", with all faults and without warranty or condition of any kind, express, implied or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation. We do not warrant that the Services will meet your requirements, that data will never be lost, or that defects will be corrected. Free tools and trials are provided without any commitment.

14Limitation of liability

To the maximum extent permitted by law:

• we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data, rankings, leads or opportunities, or the cost of substitute services, however caused and on any theory of liability, even if we were told they were possible;
• we are not liable for anything caused by your content, your lists, your instructions, your connected accounts, your failure to follow the law, or third-party services;
• our total liability for all claims arising from or relating to the Services or these Terms is limited to the fees you actually paid us for the Service giving rise to the claim in the three (3) months before the event that caused it.

These limits apply even if a remedy fails of its essential purpose, and they are an essential basis of our prices. Nothing in these Terms limits liability that cannot be limited by law.

15Your indemnity

You will defend, indemnify and hold harmless 8IGHT AI TECHNOLOGY INC., its directors, officers, employees and contractors from and against all claims, demands, fines, penalties, losses, damages and costs (including reasonable legal fees) arising from or related to: (a) your Customer Data, lists, content or instructions; (b) messages, texts or calls sent or made for you, including any claim under anti-spam, telemarketing, call-recording or privacy law; (c) your breach of these Terms or of law; or (d) your products, services or dealings with your own customers.

16Suspension and termination

You may stop using the Services and cancel at any time as described in section 5. We may suspend or end your access, in whole or in part, immediately and without liability if you breach these Terms, do not pay, create legal, security or reputational risk for us or others, or if a provider or the law requires it. We may also end a Service for everyone with reasonable notice. When your access ends, your right to use the Services stops, amounts owed become due, and sections 4 to 9 and 12 to 20 continue to apply.

17Confidentiality

Each of us will keep the other's non-public business information confidential and use it only for the purposes of these Terms, except where it is already public, independently developed, received lawfully from someone else, or must be disclosed by law. Our pricing for your account, our non-public product information and any Order are our confidential information.

18Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The courts located in Toronto, Ontario have exclusive jurisdiction, and both parties submit to them, except that we may seek urgent injunctive relief, or collect unpaid fees, in any court with jurisdiction.

Before starting any proceeding, you agree to write to us and give us 30 days to resolve the issue. To the extent the law allows, claims must be brought individually, not as a plaintiff or class member in any class or representative proceeding, and any claim must be brought within one (1) year after it arose.

19Changes to these Terms

We may update these Terms. We will change the date at the top and, for material changes, tell you by email or in the product before they take effect. If you keep using the Services after that, you accept the updated Terms; if you do not agree, cancel before then.

20General

• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages or changes at third-party providers, internet failures, cyberattacks, labour disputes, government action and natural events.
• Relationship. We are independent contractors; nothing creates a partnership, employment or agency.
• Assignment. You may not transfer these Terms without our written consent. We may assign them to an affiliate or in a merger, acquisition or sale of assets.
• Entire agreement. These Terms, any Order and the policies they mention are the whole agreement and replace earlier discussions. Your purchase-order terms do not apply.
• Severability and waiver. If a provision is unenforceable, it is limited to the minimum extent needed and the rest stays in force. Not enforcing a provision is not a waiver.
• Notices. We may notify you at the email on your account or in the product. Notices to us go to daniel@8ight.ai.
• Language. The parties have required that these Terms be drawn up in English. Les parties ont exigé que les présentes soient rédigées en anglais.

21Contact

8IGHT AI TECHNOLOGY INC.
3657 Lake Shore Blvd W, Etobicoke, ON M8W 1P7, Canada
daniel@8ight.ai