8x · Sales

8x Platform Terms of Service

⚠️ DRAFT — NOT LEGAL ADVICE. This document was generated to scope compliance work and MUST be reviewed and adapted by qualified counsel licensed in each operating jurisdiction (US, Brazil, Mexico, India) before any reliance or publication. Bracketed [PLACEHOLDERS] require confirmation.

Document version: [DRAFT v0.1 — YYYY-MM-DD to be set on counsel sign-off]

1. Introduction and acceptance

These Terms of Service (the "Terms") form a binding agreement between you ("you," "your," or "Rep") and [8x LEGAL ENTITY NAME, a Delaware corporation] ("8x," "we," "us," or "our"), whose registered address is [REGISTERED ADDRESS]. These Terms govern your access to and use of the 8x website, web application, dashboards, training materials, dialer/cockpit, and related services (collectively, the "Platform").

By creating an account, clicking "I agree" (or a similar control), or otherwise accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and by the documents incorporated by reference in Section 18. If you do not agree, do not access or use the Platform.

These Terms govern your use of the Platform itself. They do not by themselves create any contractor, employment, agency, partnership, or earnings relationship. The commercial relationship under which you may perform outreach work and earn compensation is governed by a separate Independent Contractor Agreement (see independent-contractor-agreement.md), which you must accept before performing any paid activity. In the event of a conflict between these Terms and the Independent Contractor Agreement regarding the contractor relationship or compensation, the Independent Contractor Agreement controls as to those subjects.

2. The Platform: what 8x is and is not

8x operates a sales-training and outreach program. The Platform is designed to:

  • recruit, onboard, and train sales representatives;
  • provide training content, practice exercises, and an audition/assessment process;
  • enable approved Reps to make real outbound business-to-business cold calls to real business prospects using an integrated Twilio-based dialer; and
  • record, transcribe, and evaluate those calls using automated/AI systems in order to assess Rep performance, determine whether an outreach interaction qualifies as a meeting, and calculate compensation.

Automated evaluation. You acknowledge and agree that your calls are recorded, transcribed by automated speech-to-text technology, and evaluated by automated/AI systems, and that these automated evaluations are used to determine outreach outcomes, meeting-qualification, eligibility, and the compensation you may earn. The criteria, your right to meaningful information about the evaluation, and your right to human review and to contest any pay-affecting evaluation are described in the rep privacy notice (see privacy-notice-reps.md) and in the Independent Contractor Agreement (see independent-contractor-agreement.md). [DECISION REQUIRED: confirm the single canonical location of the human-review/contest procedure and cross-reference it consistently across documents.]

Not a guarantee. The Platform provides tools, training, and leads. It does not guarantee any leads, calls, meetings, conversions, deals, or earnings. See Section 9.

3. Eligibility and age representation

To create an account or use the Platform, you represent and warrant that:

  1. You are at least 18 years of age. The Platform is not directed to, and may not be used by, anyone under 18. If we learn that an account belongs to a person under 18, we may suspend or terminate it and delete associated data.
  2. You have the legal capacity to enter into a binding contract in your jurisdiction.
  3. You are not barred from receiving services or compensation under the laws applicable to you, including applicable sanctions and export-control laws.
  4. The registration information you provide is true, accurate, current, and complete, and you will keep it updated.
  5. Geographic scope: the EU/UK IS in scope. 8x accepts EU/UK scope (there is no EU-exclusion gate), so GDPR and the ePrivacy Directive apply to EU/UK users and prospects. 8x's corresponding obligations — appointing an Art. 27 EU representative (and a UK representative if the UK is in scope), SCCs Module 2 + a documented TIA for US transfers, ePrivacy Art. 13 prior consent for electronic/automated direct marketing, a DPIA, and GDPR Art. 22 automated-decision rights — are addressed in privacy-notice-reps.md and dpa-and-transfer-register.md.

We may, in our discretion, refuse, suspend, or restrict access for any account that does not meet these requirements.

4. Account registration and security

At signup you provide an email address and password. To progress through the program you may later be asked to provide additional information (for example, your name, a short bio, a self-reported LinkedIn profile, your country, and a CV/resume file), and the Platform will generate training and performance data associated with your account. How we collect, use, and retain this information is described in the rep privacy notice (see privacy-notice-reps.md).

You are responsible for:

  • maintaining the confidentiality of your account credentials;
  • all activity that occurs under your account; and
  • promptly notifying us at [PRIVACY/SUPPORT CONTACT — e.g. privacy@8x.social (proposed role address)] of any unauthorized use or suspected breach.

You may not share, sell, or transfer your account, create more than one account without our permission, or impersonate any person or entity. We are not liable for any loss arising from unauthorized use of your account that results from your failure to safeguard your credentials.

5. Acceptable conduct and the Acceptable Use Policy

Your use of the Platform — and in particular your outreach activity — is subject to the Acceptable Use Policy (see acceptable-use-policy.md), which is incorporated into these Terms by reference. The Acceptable Use Policy governs, among other things, lawful calling practices, honoring do-not-call and opt-out requests, call-recording disclosure/consent requirements, prohibited misrepresentations, and handling of prospect data.

Without limiting the Acceptable Use Policy, you agree that you will not:

  1. use the Platform for any unlawful purpose or in violation of any applicable law, including telemarketing, consumer-protection, data-protection, anti-spam, and call-recording laws;
  2. make calls to numbers, or contact persons, in violation of applicable do-not-call rules, opt-out requests, or calling-time restrictions;
  3. fail to provide any call-recording disclosure or obtain any consent required by applicable law (you must follow the disclosure script and consent practices we provide);
  4. make any false or misleading statement, or any material misrepresentation, during outreach;
  5. attempt to manipulate, game, or defeat the automated evaluation or compensation systems (for example, by submitting fabricated, scripted, recycled, or non-genuine call content);
  6. upload, submit, or transmit any content that is unlawful, infringing, defamatory, or that you do not have the right to provide;
  7. probe, scan, reverse-engineer, scrape, overload, or interfere with the Platform or its security, or circumvent rate limits or access controls;
  8. use the Platform to collect or process personal data other than as permitted by us and by applicable law; or
  9. use the Platform in a way that exposes 8x to legal liability or reputational harm.

Violation of this Section or of the Acceptable Use Policy is a material breach and may result in suspension or termination under Section 11, withholding of disputed compensation as permitted by the Independent Contractor Agreement, and other remedies available at law.

6. Prospect data and privacy

In the course of outreach you will access and create personal data about third-party business prospects (for example, names, companies, phone numbers, email addresses, notes, voice recordings, and AI transcripts/evaluations). With respect to all such data:

  1. 8x is the controller. 8x determines the purposes and means of processing prospect personal data and Rep personal data. You access prospect data solely as authorized by 8x and on its instructions; you may not retain, copy, export, repurpose, sell, or use prospect data outside the Platform or after your access ends.
  2. You must handle prospect data strictly in accordance with the Acceptable Use Policy (see acceptable-use-policy.md), the prospect privacy notice (see privacy-notice-prospects.md), and our written instructions.
  3. You must promptly forward to us any privacy request, complaint, opt-out, or do-not-call request you receive, and must not respond to such requests on your own except as we direct.

Our handling of your own personal data as a Rep is described in the rep privacy notice (see privacy-notice-reps.md). Our handling of prospect personal data is described in the prospect privacy notice (see privacy-notice-prospects.md).

7. Compensation and no guarantee of earnings

If and when you are approved to perform paid outreach, you may become eligible to earn compensation under the program. As of the date of these Terms the published compensation components are source-dependent: for leads 8x provides, a booking bonus of US$15 plus an AI-qualified-meeting payment of US$50; for prospects you source yourself, no booking bonus and a single payment of US$65, payable only when the meeting is held and 8x verifies it fit the ideal-customer profile; and, in either case, a closed-deal payment of US$250 [confirm current closed-deal terms, including any percentage component, in the Independent Contractor Agreement].

All compensation terms, eligibility conditions, qualification rules, payment timing, taxes, and chargeback/clawback rules are governed exclusively by the Independent Contractor Agreement (see independent-contractor-agreement.md). These Terms do not themselves entitle you to any payment.

You expressly acknowledge that:

  • 8x makes no representation, warranty, or guarantee of any leads, calls, meetings, qualifications, deals, or earnings, and that any earnings figures, examples, or averages are illustrative only and are not promises;
  • whether an interaction qualifies for a booking bonus or meeting payment is determined in part by automated/AI evaluation and, for prospects you source yourself, by 8x's human verification of meeting attendance and ideal-customer-profile fit (the booking bonus does not apply to self-sourced prospects), in each case subject to the human-review and contest rights referenced in Section 2; and
  • you bear your own business costs and are responsible for your own taxes, as set out in the Independent Contractor Agreement.

8. Intellectual property

8.1 8x property

The Platform and all associated software, designs, interfaces, training content, lesson materials, scripts, rubrics, prompts, evaluations, methodologies, documentation, trademarks, logos, and other materials (collectively, the "8x Materials") are owned by 8x or its licensors and are protected by intellectual-property and other laws. Except for the limited license in Section 8.2, no rights in the 8x Materials are granted to you.

8.2 License to you

Subject to your compliance with these Terms, 8x grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform and the 8x Materials solely for the purpose of participating in the program. You may not copy, distribute, publicly display, modify, create derivative works from, sell, or otherwise exploit the 8x Materials outside the Platform. This license ends automatically when your access ends.

8.3 Rep-submitted content

You retain ownership of content you submit (for example, your bio, your CV, and notes you write) ("Rep Content"). You grant 8x a worldwide, royalty-free, sublicensable (to our sub-processors and service providers) license to host, store, reproduce, process, transcribe, evaluate, and otherwise use Rep Content for the purpose of operating, evaluating, improving, and providing the Platform and the program, and as otherwise described in the rep privacy notice (see privacy-notice-reps.md). You represent that you have all rights necessary to grant this license and that your Rep Content does not violate any law or third-party right.

8.4 Call recordings and outputs

Recordings, transcripts, and AI evaluations of calls are generated and held by 8x as controller and form part of the 8x Materials and program records. Your performance of a call does not give you any ownership of, or right to obtain, copy, or distribute, those recordings, transcripts, or evaluations, except as expressly provided by the applicable privacy notice or required by law.

8.5 Feedback

If you provide suggestions or feedback about the Platform, you grant 8x a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

9. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND THE 8x MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, 8x DOES NOT WARRANT THAT: (a) THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (b) ANY AUTOMATED EVALUATION, TRANSCRIPTION, OR QUALIFICATION DETERMINATION WILL BE COMPLETE OR FREE OF ERROR (THE HUMAN-REVIEW AND CONTEST RIGHTS IN SECTION 2 ADDRESS PAY-AFFECTING EVALUATIONS); OR (c) YOU WILL ACHIEVE ANY PARTICULAR RESULT, MEETING, DEAL, OR EARNINGS.

You are responsible for your own conduct during outreach and for complying with all laws applicable to you. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the exclusions apply only to the extent permitted.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  1. 8x AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, EARNINGS, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. 8x'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNTS PAID OR PAYABLE TO YOU BY 8x UNDER THE INDEPENDENT CONTRACTOR AGREEMENT IN THE [TWELVE (12)] MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) US$[100] [DECISION REQUIRED: confirm cap amount and reference period].

These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations; in those jurisdictions, liability is limited to the greatest extent permitted by law. Nothing in these Terms limits liability that cannot be limited under applicable law (for example, for fraud, willful misconduct, or, where applicable, personal injury).

11. Suspension and termination

11.1 By you

You may stop using the Platform and request closure of your account at any time by [ACCOUNT-CLOSURE METHOD — e.g. contacting privacy@8x.social (proposed role address)].

11.2 By 8x

We may suspend, restrict, or terminate your account and access, with or without notice, if we reasonably believe that: (a) you have breached these Terms, the Acceptable Use Policy, or the Independent Contractor Agreement; (b) your conduct creates legal, security, or reputational risk; (c) you have attempted to manipulate the evaluation or compensation systems; (d) suspension is required to comply with law or a lawful request; or (e) you no longer meet the eligibility requirements in Section 3.

11.3 Effect of termination

On termination: your license under Section 8.2 ends; your right to access the Platform ceases; and any compensation owed (or subject to clawback) is handled under the Independent Contractor Agreement. We will retain and delete your data in accordance with the rep and prospect privacy notices (see privacy-notice-reps.md and privacy-notice-prospects.md). Sections that by their nature should survive (including Sections 6, 8, 9, 10, 12, 13, 14, and 16–19) survive termination.

12. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless 8x and its officers, directors, employees, and agents from and against any third-party claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your breach of these Terms, the Acceptable Use Policy, or the Independent Contractor Agreement; (b) your violation of any law in connection with your use of the Platform or your outreach (including telemarketing, do-not-call, call-recording, anti-spam, or data-protection laws); (c) your misuse of prospect or other personal data; or (d) your Rep Content. We may assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with us.

13. Governing law

These Terms are governed by the laws of [Delaware/US, confirm], without regard to its conflict-of-laws rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply. This choice of governing law does not deprive you of the protection of any mandatory consumer or data-protection law of the country in which you reside that cannot be derogated from by agreement. [CONFIRM WITH COUNSEL: enforceability and any local-law overrides for Reps in Brazil, Mexico, and India.]

14. Dispute resolution

[DECISION REQUIRED: choose the dispute-resolution mechanism. Two common defaults follow; counsel must select and tailor one, and confirm enforceability against contractors located in Brazil, Mexico, and India, where mandatory consumer/contractor forums or anti-waiver rules may apply.]

Option A — Courts (recommended default for cross-border enforceability): The state and federal courts located in [VENUE, e.g. New Castle County, Delaware] have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and you and 8x consent to personal jurisdiction and venue there, subject to any mandatory local forum that cannot be waived.

Option B — Binding arbitration: Any dispute will be resolved by final and binding arbitration administered by [ARBITRATION BODY] under its rules, seated in [SEAT], in the English language, on an individual basis. If arbitration is adopted, counsel must address: (i) a class-action/collective-action waiver; (ii) any pre-arbitration notice/informal-resolution period; (iii) an opt-out window; (iv) who bears fees; and (v) enforceability against non-US contractors and any consumer-arbitration limits. [DECISION REQUIRED.]

Regardless of the option chosen, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

15. Changes to these Terms

We may modify these Terms from time to time. If we make a material change, we will provide reasonable notice (for example, by email to your registered address or by an in-Platform notice) before the change takes effect, and we will update the "Document version" above. Your continued use of the Platform after the effective date of a change constitutes acceptance of the modified Terms. If you do not agree to a change, you must stop using the Platform and may close your account. Changes will not apply retroactively to a dispute of which we had notice before the change.

16. Force majeure

8x is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, outages or failures of telecommunications or third-party service providers (including our sub-processors), labor disputes, government action, or network or power failures.

17. General

  • Entire agreement. These Terms, together with the documents incorporated by reference in Section 18, are the entire agreement between you and 8x regarding the Platform and supersede prior understandings on that subject. The Independent Contractor Agreement governs the contractor and compensation relationship.
  • Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
  • No waiver. Our failure to enforce any provision is not a waiver of it.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
  • No third-party beneficiaries. These Terms do not create any third-party beneficiary rights, except as expressly stated.
  • Notices. We may give notices by email to your registered address or by posting in the Platform. You may contact us at [LEGAL/SUPPORT CONTACT ADDRESS] or [privacy@8x.social (proposed role address)].
  • Language. These Terms may be provided in translation for convenience; if there is a conflict, the [English] version controls except where applicable law requires the local-language version to govern (for example, in Mexico or Brazil). [CONFIRM WITH COUNSEL.]

18. Incorporated documents

The following documents are incorporated into these Terms by reference and form part of your agreement with 8x:

  • Acceptable Use Policy — acceptable-use-policy.md
  • Independent Contractor Agreement — independent-contractor-agreement.md
  • Rep & Applicant Privacy Notice — privacy-notice-reps.md
  • Prospect Privacy Notice (prospect/indirect-collection data) — privacy-notice-prospects.md
  • Cookie Notice — cookie-notice.md
  • Sub-processor list — sub-processors.md
  • DPA & cross-border transfer register — dpa-and-transfer-register.md

If there is a conflict between these Terms and an incorporated document on a subject the incorporated document is intended to govern, the incorporated document controls as to that subject.

19. Contact

[8x LEGAL ENTITY NAME, a Delaware corporation] [REGISTERED ADDRESS] Privacy / data-protection contact: [DPO/PRIVACY CONTACT NAME], [privacy@8x.social (proposed role address)] General/legal contact: [LEGAL/SUPPORT CONTACT ADDRESS]

End of draft. Counsel must review every section, resolve all [PLACEHOLDERS] and [DECISION REQUIRED] items, and confirm enforceability in each operating jurisdiction (US, Brazil, Mexico, India) before publication.