Terms of use

You are visiting a website owned by 8fig Inc. This Terms of Use Agreement (“Agreement”) applies to the websites operated by 8fig and any of its affiliates and subsidiaries and associated mobile applications (“Websites,” or each individually, “Website”) on which this Agreement is displayed. This Agreement also applies to your access to, and use of, any goods, facilities or services offered through the Websites (collectively “Services”), regardless of how they are accessed. By accessing, browsing, or using the Websites, you acknowledge that you understand, accept and agree to be bound by this Agreement, as well as our Privacy Policy, which is incorporated into this Agreement by reference. You agree that, to the fullest extent required by the law of any state, you have been provided with, have received, and are agreeing to all disclosure and consent requirements. Certain Services may include additional terms; by agreeing to proceed with any such Services you acknowledge that you have read, understand, and agree to be bound by any additional terms displayed or referenced that apply to that Service.

By using the Websites, you are entering into a legal agreement to abide by the Agreement you see here, and you are agreeing that you have read and fully understand the Agreement. These Websites are offered and available to users who are eighteen (18) years of age or older. By using these Websites, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements and are accessing the Internet from a physical location within the United States of America.  If you do not meet all of these requirements, you must not access or use the Websites.

• For purposes of this Agreement, “you”,  “your”, or “Client” means the person(s) using the Websites and/or the Services, and any person(s) for whom such person(s) are acting as an agent with respect to the Websites and/or the Services.
• “8fig”, “us” or “we” includes 8fig Inc., Newco Capital Group, LLC and any of its affiliates or subsidiaries.

Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with this Agreement. You agree not to use the Websites:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
• ​To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm 8fig or users of the Websites or expose them to liability.

Additionally, you agree not to:

• copy/collect 8fig content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand) from the Websites;
• collect 8fig user information or interfere with 8fig;
• use the Websites in any manner that could disable, overburden, damage, or impair the Websites or the networks or systems connected to the Websites;
• use any device, software or instrumentality to interfere with the proper working of the Websites or disobey any requirements, procedures, policies or regulations of networks connected to the Websites.
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Websites;
• introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites is stored, or any server, computer or database connected to the Websites;
• attack the Websites via a denial-of-service attack or a distributed denial-of-service attack;
• otherwise attempt to interfere with the proper working of the Websites; or
• advocate, encourage or assist any third party in doing any of the foregoing.

You agree that You will be required to provide 8fig with certain business information, such as, a description of its business, sales performance data, supply chain details including inventory and purchase prices, and the like (the “Business Information”), as part of a business due diligence to be conducted by 8fig to determine if the potential client is eligible for its services. In addition to the Business Information, and as part of the business due diligence, You may be required to grant 8fig with: (a) access to its online store (e.g., Amazon store); and (b) a “View-Only” access to potential Client bank account(s) and, where requested and with Client’s express consent, temporary remote screen-sharing access to Client’s computer or device for the limited purpose of reviewing, downloading, and verifying banking statements or related financial documents necessary to evaluate Client’s application (the “Information Access Rights”). Client acknowledges and agrees that 8fig may collect, store, share, and retain financial records, account credentials, transaction data, and session recordings obtained during the due diligence or underwriting process for compliance, audit, servicing, verification, enforcement, fraud prevention, and other legitimate business purposes, as further described in the Privacy Policy.

You also agree that you will not violate or attempt to violate the security of the Websites. Violations of system or network security may result in civil or criminal liability.  8fig reserves the right to investigate occurrences which may involve such violations and 8fig may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Completion of the online registration process does not constitute 8fig’s acceptance of potential Client as eligible for 8fig’s Services. 8fig reserves the right to reject any potential Client, for any reason whatsoever or no reason at all.

It is Client’s responsibility to always maintain his/her password and account information in strict confidence. 8fig shall not be liable to Client or any person for any loss or damage which may arise as a result of any failure by Client to protect his/her password or account information.

If 8fig is, or becomes, suspicious activity channeled through Client’s Account, 8fig reserves the right to delete or suspend access to such account.

8fig shall not be required to provide any information regarding the Client Evaluation Process, including the criteria, methodologies, models, or internal decision-making processes used to determine eligibility for the Services.

Client hereby confirms that all the data provided by him/her to 8fig (including as part of the account registration process) is true, accurate and up to date in all respects and at all times. Client may update or correct provided details at any time by going to the created account.

Client understands that 8fig does not offer any warranty or representation that the use of the Service will achieve any particular result. The Client further agrees and acknowledges that the Service is not intended to be used as the sole basis for any business decision, and if Client accepts any 8fig offers it does so at its own risk and on an “as is” basis.

Client acknowledges that 8fig assumes no responsibility and expressly disclaims all warranties of any kind as to the overall integrity and quality of information provided to the Client and that 8fig cannot guarantee the accuracy or timeliness of data comprising the 8fig offers, or any possible implications derived thereby.

‍Client acknowledges that 8fig is entitled to share the Client’s information including, without limitation, Client’s contact information, as well as any data pertaining to the Client valuation Process, to 8fig’s third party partners for the purpose of making the services required by the Client, available through 8fig’s partners’ channels and in countries where 8fig does not offer such support.

Client acknowledges and agrees that, in connection with account creation, due diligence, underwriting, fraud prevention, compliance, and ongoing provision of the Services, 8fig may collect, access, analyze, store, and process business Information, financial account information, transaction data, communications content, usage data, and personal Information as described in the Privacy Policy.  Client agrees that 8fig may send transactional communications and service-related notices via email, SMS/text message, and telephone (including automated or prerecorded calls where permitted by law), and that marketing communications may be sent subject to Client’s consent where required by the applicable law. Message frequency may vary and message and data rates may apply. Client may opt out of marketing communications and request assistance in connection with 8fig privacy policy using contact information and methods described in the Privacy Policy.

Client acknowledges and agrees that 8fig and its service providers may monitor, record, transcribe, and analyze communications, platform activity, support chats, telephone calls, video conferences, screen-sharing sessions, and other interactions in connection with the Services for purposes including underwriting, fraud prevention, compliance, quality assurance, training, analytics, cybersecurity, and service improvement, as further described in the Privacy Policy. Client represents that it has obtained all necessary consents from its personnel and authorized users for such monitoring and recording.

8fig continuously makes efforts to improve the Service for the benefit of its clients, including the Client. 8fig may, from time to time, develop enhancements, upgrades, updates, improvements, modifications, extensions and other changes to the Service or Materials including removing any feature or functionality of the Service (the “Modifications”). 8fig shall implement and incorporate any available Modifications into the Service in its sole discretion, and Client hereby authorizes 8fig, in advance, to implement and incorporate such Modifications into the Service, at any given time. 8fig shall notify Client in advance of the implementation of any material Modifications, which it believes may have a material adverse effect on Client’s use of the Service. If 8fig makes any such material adverse change in the Service related to a functionality that is actually being used by the Client, and 8fig decides, in its sole discretion, not to cancel such material adverse change within 30 days from Client’s written request, Client may, within 30 days from the date of notice, terminate the license granted to use the Service. Client hereby authorizes 8fig to implement such Modifications for use with the Service.

Intellectual Property Rights

​The Websites and their entire contents, features and functionality (including but not limited to the 8fig name, logo, and all related and affiliated names, logos, product and service names, designs, page headers, scripts, slogans, and any and all information, software, text, displays, images, video and audio, graphics, button icons, images, digital downloads, data compilations, software, and the design, selection and arrangement thereof), are owned by 8fig, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property laws. You must not use such marks without 8fig’s prior written permission.

8fig uses a network of independent brokers, contractors, product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Websites. All other trademarks, service marks, product names, package designs and company names or logos associated with these brokers, contractors, product and content suppliers, distributors and other such third parties that are not owned by 8fig but appear on the Websites are the property of their respective owners.

This Agreement permits you to use the Websites for your personal use only. You must not access, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites on a commercial basis, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• You may store files that are automatically cached by your Web browser for display enhancement purposes;
• You may print or download one copy of a reasonable number of pages of the Websites for your own personal use and not for further reproduction, publication or distribution on a commercial basis; and
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of this Agreement, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by 8fig. Any use of the Websites not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other intellectual property laws. 

Any error and bug reports, additional features, ideas, requests, feedbacks, recommendations, comments, concepts and other requests or suggestions related to the Service (collectively, the “Ideas”) that the Client may provide to 8fig, will be solely owned by 8fig. The Client hereby irrevocably assigns and transfers any intellectual property rights in such Ideas to 8fig, free of charge.

All of 8fig’s trademarks, including but not limited to, “8fig”, any service marks, logos, domain names, copyrights and other proprietary rights associated with 8fig and the Service, whether registered or non-registered, shall be collectively referred to as “8fig’s Marks“. The Client agrees not to directly or indirectly (and not to allow any third party to): (a) use 8fig’s Marks for any purpose (other than as detailed hereunder) without 8fig’s express written consent; and (b) register, attempt to register, or assist anyone else to register any 8fig’s Marks or marks confusingly similar thereto. Notwithstanding the aforementioned, Client agrees to update 8fig, in advance, with respect to any public display of any feature related to 8fig or the Services.

Disclaimers

The Websites are made available “as is”, “at your own risk”, and “as available”, without warranty of any kind, either express or implied including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement or enjoyment.  8fig makes no guarantee that the Websites are up-to-date, accurate, or complete, and you should not rely on them for any decision or to take any action.  8fig does not warrant that the Websites will meet your requirements and/or are free of interruption or errors, or that any of the Websites are free of viruses, worms, bugs, or other malicious technology. 

Client Representations and Warranties 

Client represents and warrants that: (i) it will not use the Service for any illegal or unauthorized purpose or infringe or promote the infringement of any intellectual, proprietary or other right of any party, and the Client will comply with all applicable laws and regulations (including, but not limited to, all applicable import and export laws, copyright and privacy laws) in the Client’s use of and access to the Service; (ii) Client is the owner of, or has the required rights in all of the information which is uploaded to the Service; (iii) Client collects, processes, maintains, and discloses Personal Information in compliance with all applicable data protection and privacy laws and has provided all required notices and obtained all required consents necessary for 8fig to process such Personal Information in accordance with these Terms and the Privacy Policy;  (iv) Client and its authorized users are at least eighteen (18) years of age and are accessing the Services solely in a commercial or business capacity.

Client will not, nor will Client allow anyone acting on its behalf, or other third party to: (a) copy, modify, adapt, translate or otherwise create derivative works of the Service; (b) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Service; (c) rent, lease, sell, sublicense, assign or otherwise transfer rights in or to the Service; (d) remove any proprietary notices or labels from the Service; (e) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service; (f) develop any other product or service containing any of the concepts and ideas contained in the Service or use the Service for the purpose of building a similar or competitive product; (g) test the Service or use the Service in connection with any benchmark tests, evaluation, or any other tests of which the results are designated or likely to be published in any form or media, or otherwise made available to the public, without 8fig prior written approval; (h) directly or indirectly take any action to contest 8fig’s intellectual property rights or infringe them in any way; (i) make the Service available for timesharing, service bureau or application service provider; (j) remove, obscure, or alter any notice of copyright, 8fig’s Marks (as such term is defined below), or other proprietary right appearing in or on any item included with the Service; (k) allow any third party to have access to the Service without 8fig’s prior written consent.

Confidentiality

‍All information disclosed by 8fig to Client prior to or during the Term of the Service, whether in writing, orally or in any other form which is not in the public domain (the “Confidential Information”), shall be held in absolute confidence, and Client shall take all reasonable and necessary safeguards (affording the Confidential Information at least the same level of protection that it affords its own information of similar importance) to prevent the disclosure of such Confidential Information to third parties. In addition, Client will limit its disclosure of the Confidential Information to employees, affiliates and consultants with a “need to know” and only in the context of such employees’, affiliates and consultants’ fulfillment of their duties under these Terms, and further provided that such employees, affiliates and consultants have a signed confidentiality agreement with Client with terms and conditions no less protective of the Confidential Information than the terms under these Terms, and that the Client shall remain liable for any breach of the terms herein by any of its employees, affiliates and consultants. The provisions of this paragraph ‎shall survive any termination or expiration of this Agreement, for any reason whatsoever.

‍It is agreed that the Confidential Information shall not include information that is publicly available or becomes known to the general public through no act or omission of the Client in breach of this Agreement. It is further agreed that the Client may disclose any information pursuant to a court order, provided the Client, to the extent legally permissible, notifies 8fig of such order and uses reasonable efforts to limit such disclosure to the maximum extent permitted.

‍8fig and Client agree that the wrongful disclosure of Confidential Information may cause irreparable injury that is inadequately compensable by monetary damages. Accordingly, and notwithstanding any provision of this Terms to the contrary, 8fig may seek injunctive relief in any court of competent jurisdiction for the breach or threatened breach of this Section ‎(“Confidentiality”) in addition to any other remedies in law or equity.

‍8fig reserves the right to access, read, preserve, and disclose any information that it obtains in connection with the Service as necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena, governmental request, resolving a dispute or enforcing these Terms, (ii) detect, prevent, or otherwise address fraud, security or technical issues, and/or (iii) respond to Client’s support requests.

Limitation of Liability

To the fullest extent permitted by applicable law, 8fig (including its subsidiaries or affiliates) shall not be liable to you or any other person for any damages whatsoever (including any direct, special, exemplary, indirect, incidental, consequential or punitive damages, costs or attorney’s fees) arising out of, or relating to, this Agreement, access to, use of or the operation of the Websites, any of the Websites’ content, whether based on warranty, contract, tort, or any other legal theory.

Term and Termination

‍Client may choose to deactivate its Account at any time provided that Client’s financial obligation to pay unpaid balances for Services obtained from 8fig shall survive the termination of the Service and continue until the balance is paid in full.

‍8fig may, at any time, discontinue or modify any Service or policy, without notice or obligation to Client; provided, however, that 8fig shall provide reasonable notice to the Client of any material changes in the Service(s) of either a permanent or temporary nature, which may or may not be prior to implementation of such change depending on the circumstances.

‍Termination of these Terms shall not relieve either Party of its respective obligations to the other hereunder that arose prior to the effective date of termination, including all Client payment obligations that have accrued prior to the date of termination. In addition, Confidentiality, Limitation of Liability, Intellectual Property, and Indemnification shall survive the expiration or termination of these Terms for any reason.

​Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless 8fig  (including any of its subsidiaries, affiliates, licensors, contractors and their respective officers, directors, employees, agents, brokers, and representatives) from and against all claims, actions, liabilities, losses, demands, damages, expenses, and costs (including attorney’s fees) (collectively, the “Claims”) arising out of or relating to: (i) your access to or use of the Websites; (ii) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (iii) your breach of this Agreement.  You shall promptly notify 8fig of any third-party Claims, cooperate with 8fig in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees).  8fig reserves the right to assume, at its sole discretion, the exclusive control over defense or settlement of any third-party Claims. 

Miscellaneous 

‍Non-enforcement by 8fig of any term or condition of these Terms shall not constitute a waiver. A waiver by 8fig of compliance with any term or condition under these Terms shall not constitute a waiver of such term or condition at any other time or a waiver in the future of any other term or condition of these Terms.

‍Severability. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed severed from these Terms.

‍Notices. Any formal notice, consent or other communication in connection with these Terms shall be in writing and shall be considered to have been delivered and in effect upon the earlier of actual receipt or: (a) the day following transmission if sent by a facsimile or an email followed by a written or electronic confirmation; (b) two (2) days after posting when sent via an express commercial courier; or (c) five (5) days after posting when sent via certified mail.

‍Jurisdiction and Disputes. These Terms shall be governed by the laws of the State of Florida, US without regard to its conflict of law principles. All disputes hereunder shall be resolved, exclusively, in the state and federal  courts located in Miami-Dade County, US. The Parties consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses otherwise available.

‍No Agency. The relationship of the Parties established by these Terms is solely that of independent contractors, and nothing contained in these Terms shall be construed to: (i) give any Party the power to direct and control the day-to-day activities of the other; or (ii) constitute such Parties as partners, joint ventures, co-owns or otherwise as participants in a joint or common undertaking; or (iii) make either Party an agent of the other for any purpose whatsoever. Neither Party nor its agents and employees are the representative of the other for any purpose, and neither has power or authority to act as agent or employee to represent, act for, bind, or otherwise create or assume any obligation on behalf of the other.

‍Force Majeure. 8fig shall not be liable to Client for any failure to meet its obligations if such failure is due to any cause beyond the non-performing Party’s reasonable control (“Force Majeure“). Force Majeure specifically includes, but is not limited to, any government action that would limit the ability for performance; fires; earthquakes, floods or other severe weather conditions or any other acts of God; quarantines; riots; strife; insurrection; civil disobedience; epidemics, armed conflict; terrorism or war, declared or not; or any impending threat of any of the foregoing, if such threat might reasonably be expected to cause injury to people or property.

‍CLIENT ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, WHICH INCLUDES THE ATTACHED EXHIBITS, IN ITS ENTIRETY, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS. CLIENT FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, WHICH SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. BY ACCEPTING THESE TERMS, CLIENT ALSO CERTIFIES THAT IT IS IN COMPLIANCE WITH ALL LAWS AND REGULATIONS AS APPLIED TO HIM/HER.

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Questions and concerns regarding this Agreement can be addressed by contacting us via email at service@8fig.co.