These Terms of Service (the "Terms") are a legal agreement between you and Eights App Inc., a corporation incorporated under the laws of Canada with its registered office in Ontario ("Eights," "we," "us," or "our"). They govern your use of the Eights mobile application (the "App"), the website at eightsapp.com (the "Site"), and any related services (collectively, the "Services").
By creating an account, downloading the App, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Eights lets you capture short, 8-second video memories, compile them into a personal time capsule, and share them with people you choose. Your memories belong to you — see Section 6.
You must be at least 13 years old to use the Services. If you are under the age of majority where you live, you may use the Services only with the consent of a parent or guardian who agrees to these Terms on your behalf. By using the Services, you represent that you meet these requirements.
You sign in to Eights using Sign in with Apple. You are responsible for maintaining the security of your Apple ID and for all activity that occurs under your Eights account. Notify us at support@eightsapp.com if you suspect unauthorized use of your account. We may suspend or terminate accounts that violate these Terms (see Section 10).
Eights+. Some features of the App require a paid subscription ("Eights+"), offered in two plans: monthly at USD $3.99 (CAD $4.99) and yearly at USD $29.99 (CAD $39.99) — or the equivalent in your local currency as shown in the App Store at the time of purchase. The free tier includes a monthly budget of new memories, one shared capsule, and a capped number of offline saves; Eights+ removes these limits. Prices may change; we will provide notice as required by law and by Apple's policies before any change affects an existing subscription.
Auto-renewal. Subscriptions are billed through your Apple ID and renew automatically at the end of each billing period (monthly or yearly, depending on your plan) until cancelled. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.
Cancelling. You can cancel at any time in your device's Settings → [your name] → Subscriptions, or in the App Store. Cancellation takes effect at the end of the current billing period; you keep access to Eights+ features until then. Deleting the App does not cancel your subscription.
Refunds. Purchases are processed by Apple, and refunds are governed by Apple's terms. You can request a refund from Apple at reportaproblem.apple.com. Nothing in this section limits any non-waivable refund rights you have under applicable consumer protection law.
Free features. The core capture and sharing experience is free. We may change which features are free and which require Eights+ over time, but changes will not retroactively remove content you have already created.
We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices that you own or control, in accordance with these Terms and the App Store Terms of Service. You may not copy, modify, distribute, sell, lease, reverse engineer, or attempt to extract the source code of the App, except where such restrictions are prohibited by law.
You own your memories. You retain all rights in the videos, captions, comments, and other content you create or upload ("Your Content").
License to us. So we can operate the Services, you grant Eights a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, and display Your Content — solely for the purposes of providing, maintaining, and improving the Services, and only as directed by your actions in the App (for example, backing up your memories or delivering a capsule you chose to share). This license ends when you delete Your Content or your account, subject to a reasonable period for removal from backups.
Sharing. When you share a memory or capsule with someone, you are directing us to make it available to them. Think before you share — we cannot control what recipients do with content once they can view it.
Responsibility. You are solely responsible for Your Content. You represent that you have all necessary rights to it (including the consent of people who appear in your videos, where required) and that it does not violate Section 7.
You agree not to use the Services to:
We may remove content or suspend accounts that we reasonably believe violate this section. We may report content involving the exploitation of minors to relevant authorities.
The Services (excluding Your Content) — including the App, Site, Eights name, logo, and all software, design, and text — are owned by Eights App Inc. or its licensors and are protected by copyright, trademark, and other laws. Except for the license in Section 5, no rights are granted to you.
If you send us feedback or suggestions, we may use them without obligation to you.
Our collection and use of personal information is described in our Privacy Policy. By using the Services, you acknowledge the practices described there.
You may stop using the Services and delete your account at any time in the App's settings. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if we discontinue the Services (in which case we will give you reasonable advance notice and an opportunity to export Your Content where feasible). Sections 6 (license wind-down), 8, 11, 12, and 13 survive termination.
The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that content will never be lost — please keep your own copies of memories that matter to you.
Some jurisdictions (including under Canadian consumer protection legislation and Quebec's Consumer Protection Act) do not allow the exclusion of certain warranties. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded.
To the maximum extent permitted by applicable law: (a) Eights App Inc. will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising out of or relating to the Services; and (b) our total aggregate liability for all claims relating to the Services will not exceed the greater of CAD $100 and the amounts you paid us in the 12 months before the event giving rise to the claim. These limitations do not apply to liability that cannot be limited by law, including for gross negligence, intentional fault, or death or bodily injury.
To the extent permitted by law, you agree to indemnify and hold Eights App Inc. and its directors, officers, and employees harmless from claims arising out of Your Content or your breach of these Terms. This section does not apply to consumers in jurisdictions where such indemnities are unenforceable.
These Terms are between you and Eights App Inc., not Apple. Apple has no obligation to furnish maintenance or support for the App and is not responsible for addressing any claims relating to the App, including product liability, legal compliance, or IP infringement claims. In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.
We may update these Terms from time to time. If a change is material, we will give you reasonable advance notice (for example, in the App or by email) before it takes effect. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree to updated Terms, stop using the Services and delete your account.
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. Subject to any mandatory consumer protection rules that let you bring claims in your local courts, disputes will be resolved in the courts of the Province of Ontario. If you reside in Quebec, nothing in these Terms limits rights you have under the Quebec Consumer Protection Act or requires you to litigate outside Quebec where that Act applies.
If any provision of these Terms is found unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets, with notice to you. These Terms (together with the Privacy Policy) are the entire agreement between you and us regarding the Services.
Eights App Inc. 375 University Avenue, Suite 3379 Toronto, ON M5G 2J5, Canada Support: support@eightsapp.com Legal: legal@eightsapp.com