Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you agree to these Terms of Service, our Privacy Policy, and any additional terms or policies referenced in or posted on the Service. These documents form a binding agreement between you and Eightball, Inc.

If you do not agree, you may not access or use the Service. Continued use means ongoing acceptance of these Terms and updates.

2. Eligibility

You must be at least eighteen (18) years old to access or use the Service. By creating an account or using the Service, you confirm that you are 18 or older and legally able to enter this agreement.

If you use the Service for an organization, you represent that you have authority to bind that organization.

3. Account Registration and Security

To use most features, you must create an account with accurate, complete, current information and keep it updated. You may create only one account unless we authorize otherwise.

You are responsible for account credentials and all activity under your account. Notify support@eightball.ai immediately if you suspect unauthorized access. We may suspend, disable, or terminate accounts for false information, violations, fraud, abuse, legal requirements, or safety concerns.

4. Description of Service

Eightball provides an AI-powered study platform for college and university students, including lecture transcription, AI chat tutoring, flashcard generation, practice tests and quizzes, and study material organization.

Features, capabilities, and availability may vary and may be changed, suspended, or discontinued at our discretion, with or without notice.

5. User Content

User Content means materials, data, text, audio, video, images, documents, and other content you upload or make available through the Service. You retain ownership of your User Content.

You grant Eightball a non-exclusive, worldwide, royalty-free license to use, reproduce, process, adapt, modify, and display User Content only as necessary to operate, provide, maintain, and improve the Service, including generating study aids, storing content, displaying outputs, and making incidental technical copies.

This license does NOT allow us to share your uploaded content with other users without your consent, use it for marketing, sell or commercially exploit it, or train AI models on it. You represent that you have all rights needed to upload User Content and that it does not violate law, rights, or institutional policy.

6. Copyright Policy and DMCA Compliance

Academic materials may be protected by copyright. You are solely responsible for determining whether you may upload particular materials and for complying with copyright law and institutional policies.

Copyright owners or authorized agents may send DMCA notices to dmca@eightball.ai. Valid notices must include the information required by the DMCA. Users may submit counter-notifications if content was removed by mistake or misidentification. We may terminate repeat infringers and may remove content at our discretion.

7. Acceptable Use

You agree to use the Service only lawfully and in accordance with these Terms. You must not use the Service for unlawful or fraudulent purposes, upload infringing or harmful content, attempt unauthorized access, reverse engineer software, facilitate academic dishonesty, use bots or scrapers without consent, resell or commercially exploit the Service, bypass security controls, harass others, impersonate others, disrupt the Service, collect personal information without consent, send spam, or upload unlawful or objectionable content.

8. Academic Integrity Disclaimer

The Service is a supplemental study aid. It is not designed to complete graded work for you, generate work to submit as your own, evade academic integrity policies, replace attendance or instruction, or provide answers during assessments where external resources are prohibited.

You are solely responsible for understanding and complying with your institution’s academic policies. EIGHTBALL HAS NO LIABILITY FOR ACADEMIC CONSEQUENCES ARISING FROM YOUR USE OF THE SERVICE.

9. AI-Generated Content

The Service generates AI Output such as transcripts, summaries, flashcards, practice questions, explanations, and chat responses. AI Output may be inaccurate, incomplete, outdated, fabricated, variable, or biased.

AI Output is a supplemental study tool, not a definitive source or professional advice. You are responsible for verifying it and for how you use it. ALL AI OUTPUT IS PROVIDED “AS IS” AND “AS AVAILABLE.”

10. Subscription, Payment, and Billing

The Service may include free and paid plans. Paid subscriptions are billed in advance on a recurring basis through Stripe. By subscribing, you authorize recurring charges for fees and applicable taxes.

Trials may convert to paid subscriptions unless canceled before the trial ends. You may cancel through account settings or support@eightball.ai; cancellation takes effect at the end of the billing period. We do not provide refunds for partial periods or unused subscription portions except where required by law.

11. Intellectual Property

The Service and Eightball-created software, algorithms, AI models, designs, graphics, logos, trademarks, documentation, and other materials are owned by or licensed to Eightball and protected by intellectual property laws.

You receive a limited, non-transferable, revocable license to use the Service for personal, non-commercial educational purposes. Feedback you provide may be used by Eightball for any purpose without obligation to you.

12. No Academic Endorsement or Affiliation

Eightball is independent and is not affiliated with, endorsed by, sponsored by, or officially connected with any university, college, educational institution, or academic organization unless explicitly stated in writing. Academic references in the Service are for organization and identification only.

13. Content Availability and Accuracy

We do not guarantee that content, features, AI capabilities, or functionality will remain available. We may modify, suspend, or discontinue any part of the Service without liability.

The Service may process or display third-party content. Eightball does not verify or assume responsibility for User Content or AI Output. The Service may experience interruptions, delays, errors, or downtime.

14. Third-Party Services and Links

The Service may link to, integrate with, or rely on third-party services that Eightball does not control. We are not responsible for their content, privacy practices, security, availability, or terms. Your use of them is at your own risk.

15. Disclaimer of Warranties

THE SERVICE, CONTENT, FEATURES, AI OUTPUT, AND FUNCTIONALITY ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY, OR QUALITY.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EIGHTBALL AND RELATED PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY ARISING FROM THESE TERMS, THE SERVICE, OR YOUR USE WILL NOT EXCEED THE GREATER OF AMOUNTS YOU PAID TO EIGHTBALL IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR US$100.00. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME MAY NOT APPLY.

17. Indemnification

You agree to defend, indemnify, and hold harmless Eightball and related parties from claims, liabilities, damages, losses, costs, and expenses arising from your Service use, User Content, violations of these Terms or law, violations of third-party rights, misuse of AI Output, third-party disputes, or breach of representations.

18. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY TRIAL.

Before formal proceedings, contact legal@eightball.ai and attempt informal resolution for at least sixty (60) days. Unresolved disputes will be resolved by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, rather than in court.

Proceedings must be individual, not class, consolidated, or representative. You waive jury trial rights for all disputes. You may opt out by sending clear written notice to legal@eightball.ai within thirty (30) days of account creation or first accepting these Terms.

19. Governing Law and Jurisdiction

These Terms and disputes are governed by Delaware law, without conflict-of-law rules. Where litigation is permitted, including if you opt out of arbitration, you agree to exclusive personal jurisdiction and venue in state and federal courts in San Francisco County, California.

20. Termination

You may terminate your account at any time by contacting support@eightball.ai or through account settings. We may suspend, restrict, or terminate your account or access at any time, with or without cause or notice.

After termination, your access ceases, we may delete content and account data under our Privacy Policy, outstanding payment obligations survive, and provisions that should survive by nature will continue.

21. General Provisions

These Terms, the Privacy Policy, and incorporated policies are the entire agreement between you and Eightball regarding the Service. Invalid provisions will be modified to be enforceable while the rest remains effective. Failure to enforce a right is not a waiver.

You may not assign these Terms without our written consent. Eightball may assign them freely. We are not liable for delays caused by events beyond reasonable control. Notices may be provided by email, in-app notification, or Service posting. Electronic acceptance is legally binding. You must comply with applicable export and sanctions laws.

22. Contact Us

Questions about these Terms may be sent to Eightball, Inc.:

• Legal: legal@eightball.ai
• General Support: support@eightball.ai
• Privacy Inquiries: privacy@eightball.ai
• DMCA Agent: dmca@eightball.ai