Effective Date: August 30, 2025
Last Updated: August 30, 2025
These Terms of Service (“Terms”) govern your access to and use of the 8up.ai website, mobile application(s), and related services (collectively, the “Services”) provided by 8upAI, Inc. (“8up.ai,” “we,” “us,” or “our”). By using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
Notice: These Terms include a binding arbitration provision and a class action waiver (see Section 11). You may opt out within 30 days of first accepting the Terms.
1.1 Eligibility. You must be at least 13 years old (or the age of digital consent in your country, if higher) to use the Services. If you are under the age of majority in your jurisdiction (e.g., 13–17 in the U.S.), you may use the Services only with the consent and under the supervision of a parent or legal guardian who accepts these Terms on your behalf. We do not knowingly collect personal information from children under 13; if we learn we have, we will delete it.
1.2 Account Registration. You may need an account to access certain features. You agree to provide accurate, current information and to keep it updated. You are responsible for all activities that occur under your account.
1.3 Account Security. Keep your credentials confidential and notify us promptly at support@8up.ai of any unauthorized access. To the extent permitted by law, we are not liable for losses arising from unauthorized use not caused by our negligence.
1.4 Parent/Guardian Consent & Responsibility. If you permit a minor to use the Services, you represent that you are the minor’s parent/legal guardian, you consent to the minor’s use, and you accept full responsibility for the minor’s activity (including User-Generated Content, compliance with these Terms, and Dispute Resolution in Section 11).
We may update, modify, or discontinue features at any time, including through automatic updates. Some updates may be required to continue using the Services. Carrier or data charges may apply.
You agree not to:
a) Violate any law or these Terms;
b) Post or transmit infringing, defamatory, obscene, misleading, or unlawful content;
c) Harass, bully, or abuse others; share private information without consent;
d) Upload malware or attempt to interfere with the Services;
e) Bypass or attempt to bypass security or rate limits;
f) Use robots, scrapers, or automated means to access the Services without our prior written consent;
g) Reverse engineer or attempt to derive source code except as permitted by law;
h) Use the Services for benchmarking or to build a competing product;
i) Promote self-harm or violence; sexualize or endanger minors;
j) Violate export controls or sanctions (see Section 15);
k) Use the Services for high-risk activities where failure could lead to death, personal injury, or severe physical/environmental damage.
We provide reporting and blocking tools, and may escalate credible safety concerns to authorities where required by law.
4.1 Ownership. You retain ownership of your UGC (e.g., text, images, voice or video recordings) that you upload or input. UGC does not include AI-generated content produced by the Services. You represent and warrant you have all rights necessary to submit UGC and grant the licenses below.
4.2 License to 8up.ai (Service Operation & Improvement). You grant 8up.ai a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, use, reproduce, modify for formatting, publish, publicly display, and distribute your UGC solely to operate, provide, and improve the Services (including displaying or sharing UGC with other users according to your settings). We may remove UGC that violates these Terms or law. This license is, to the extent permitted by law, irrevocable as to copies of your UGC already used within the Services or delivered to other users. It survives termination to allow continued hosting, display, and delivery of such copies (e.g., in chats, group/community spaces, quotes/reposts, and recipients’ inboxes), operation of backups/logs, and other purposes stated in these Terms and our Privacy Policy.
4.3 Feedback. If you provide feedback or suggestions, you grant 8up.ai a perpetual, irrevocable, royalty-free license to use it without restriction.
4.4 Data for Models/Analytics (De-identified/Aggregated). We may use de-identified or aggregated data derived from your use or UGC to improve the Services and our models/analytics.
4.5 Model Training & Personalized Recommendations (Identifiable Data).
To provide and continually improve features such as AI-powered recommendations, ranking, safety, moderation, summarization, and generation, you agree that 8up.ai may use your UGC and other data associated with your use of the Services (including identifiable data where permitted by law and by your settings) to train, fine-tune, and improve the algorithms and models that power the Services, and to personalize your experience within the Services.
We do not use your identifiable UGC to train generalized AI models unrelated to providing the Services without your consent. Where a jurisdiction treats such processing as “sale” or “sharing,” we will honor your Privacy Policy controls, applicable opt-ins/opt-outs (including minors’ rules), and global privacy signals as required by law.
4A.1 Description. The Services may include direct or group messaging, community spaces (e.g., channels, forums), and the ability to chat with the 8up.ai bot. Messages you send (including text, images, audio, video, reactions, and metadata) are UGC and subject to Sections 3 (Acceptable Use), 4 (UGC), 5 (AI-Generated Content/Outputs), and 6 (Privacy).
4A.2 Visibility & Sharing Controls. Depending on your settings and the feature, your messages may be visible to recipients, members of a space, or the public. You are responsible for selecting the correct audience. We may display, host, transmit, and deliver your messages to other users as intended by the feature.
4A.3 No End-to-End Encryption; Caution With Sensitive Data. The Services are not a secure communications or end-to-end encrypted service. We and our service providers may process, store, and review messages for operations, safety, moderation, and to comply with law. Do not share sensitive information (financial, IDs, health/PHI, etc.) in chats.
4A.4 Moderation & Monitoring. We are not obligated to monitor all messages but may use automated tools and/or human review to detect, remove, or restrict content that violates these Terms or presents risk. We may preserve, disclose, or access messages to: operate the Services; protect rights, safety, and property; comply with law; or enforce these Terms.
4A.5 Interactions & Safety. We do not verify users’ identities or run background checks. Exercise caution when sharing information or interacting with others. Do not arrange in-person meetups with people you do not know, and if you do, you do so at your own risk. 8up.ai is not responsible for user conduct; disputes are between users, subject to Section 11 (Dispute Resolution).
4A.6 Bot Interactions; No Professional Advice. Conversations with the 8up.ai bot may include AI-Generated Content (Outputs), which we own (see Section 5) and which may be incorrect or inappropriate. Nothing in chats is medical, legal, financial, or other professional advice (see Section 22).
4A.7 Reporting & Blocking. Use in-product report and block features to address abuse or unwanted contact. We may restrict features or terminate accounts under Section 18.
4A.8 Data Use for Training & Improvement. Chat content is UGC and may be used as described in Sections 4.2 and 4.5 and the Privacy Policy, including to operate, secure, and improve the Services and models, subject to your settings and applicable law.
4A.9 Spam, Scams & Links. Do not send spam, solicitations, phishing, or malicious links. You are responsible for any third-party sites or files you access via links in chats.
4A.10 Storage & Delivery. We do not guarantee delivery, receipt, retention, or backups of messages. We may set limits on storage and may delete content per our retention practices.
4A.11 Account Closure & Message/Post Persistence. When you close your account, we will delete or disable your profile and remove access to content in your account. Content you previously sent or posted that has been delivered to others or appears in group/community spaces may remain available to those recipients or spaces to preserve conversation and community history; where feasible we will relabel attribution (e.g., “Deleted User”). We may retain copies as reasonably necessary for service operation, security/safety, abuse prevention, legal compliance, dispute resolution, backups, and model improvement per Section 4.5 and our Privacy Policy. We cannot control copies that other users or third parties have saved, shared, or exported.
5.1 8up.ai Content Defined. “8up.ai Content” means all content, materials, and technology we provide through the Services, including the software, models, algorithms, prompts, templates, UI, documentation, and any content generated, created, synthesized, or transformed by or through the Services (collectively, “AI-Generated Content” or “Outputs”). 8up.ai Content does not include your underlying UGC or third-party materials you separately own or license.
5.2 Ownership of AI-Generated Content. As between you and 8up.ai, 8up.ai owns all right, title, and interest in and to all AI-Generated Content (Outputs), regardless of whether such Outputs were generated using or derived from your inputs, UGC, instructions, or other data. You do not acquire any ownership rights in the Outputs or in the models or systems that produce them.
5.3 License to You (Personal, Non-Commercial). Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, download, and use the Outputs solely for your personal, non-commercial use within the Services (and, where the product UI permits, outside the Services), without exclusivity and subject to all applicable restrictions.
5.4 No Exclusivity; Possible Similarity. AI systems may produce identical or similar Outputs for different users. No exclusivity is granted, and you will not assert that another user’s similar Output violates your rights.
5.5 No Confidentiality in Outputs or Prompts. Prompts, instructions, and Outputs are not confidential and may be used by 8up.ai to operate, improve, and secure the Services (see Section 4.5). Do not include secrets or information you are not authorized to share.
5.6 Input Responsibility; Third-Party Rights. You must have all rights necessary to provide inputs and to use any Outputs as you choose. Outside the Services, your use of Outputs is at your own risk and must comply with these Terms and law. You may not use Outputs to train or improve competing models/services, reverse engineer our models, or create derivative datasets to replicate the Services.
5.7 Reservation of Rights. Except for the limited licenses expressly granted, 8up.ai reserves all rights in and to the Services, 8up.ai Content, and AI-Generated Content.
6.1 Privacy Policy. Our Privacy Policy (incorporated by reference) describes the categories of personal data, purposes, retention, rights (including CCPA/CPRA and, where applicable, GDPR), international transfers, and contact details. Where required (e.g., EEA/UK), we obtain consent for certain cookies/trackers; see our Privacy Policy and in-product controls.
6.2 Minors’ Opt-In (California & Similar Laws). If we have actual knowledge a user is under 16, we will not “sell” or “share” that user’s personal information without an affirmative opt-in (parent/guardian for under 13; teen for 13–15). If consent is denied or revoked, we will not sell/share and will wait at least 12 months before asking again.
6.3 Health Data; Not HIPAA. 8up.ai is not a “covered entity” or “business associate” under HIPAA. Do not submit Protected Health Information (PHI).
6.4 International Users; Data Transfers. We are based in the United States and may process your information in the U.S. and other countries. Where required, we use appropriate safeguards for cross-border transfers (e.g., Standard Contractual Clauses, UK/Swiss addenda). See our Privacy Policy for details.
The Services may include nutrition tracking and wellness tools. They are informational only and may be inaccurate or incomplete. The Services are not medical advice and do not create a doctor-patient relationship. Consult a qualified professional before making health decisions. You assume all risks related to your use.
We do not guarantee the Services will be uninterrupted, secure, or error-free. We may offer beta or experimental features that may be incomplete, change at any time, or be withdrawn, and are provided “as is.”
We respect intellectual property rights and will respond to notices of alleged infringement under the Digital Millennium Copyright Act (DMCA).
Designated Agent:
Copyright Agent, Legal Department, 8upAI, Inc.
8 The Green, STE A, Dover, DE 19901
Email: dmca@8up.ai
It is our policy to terminate accounts of repeat infringers in appropriate circumstances.
The Services may link to or integrate with third-party services. We are not responsible for third-party content or services. If you download the App from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them; you must also comply with the Apple Media Services Terms. If you download from Google Play, you must comply with Google Play terms and policies. Some features may be limited by platform or device settings (including parental controls).
11.1 Agreement to Arbitrate. You and 8up.ai agree to resolve any dispute or claim arising out of or relating to the Terms or the Services through binding arbitration. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (including any Mass Arbitration Supplementary Rules, if applicable). If AAA is unavailable or declines to administer, the arbitration will be administered by JAMS under its Consumer Arbitration Minimum Standards and applicable rules (including its Mass Arbitration Procedures). If neither will administer, a court of competent jurisdiction may appoint a neutral administrator under 9 U.S.C. § 5.
11.2 Opt-Out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@8up.ai with your full name and the email associated with your account, stating you wish to opt out.
11.3 Class Action & Jury Trial Waiver. You and 8up.ai waive the right to a jury trial and to participate in class, consolidated, or representative actions. Small claims actions may proceed in court if eligible.
11.4 Minors. If a user is a minor, the parent/guardian agrees to this Section on the minor’s behalf and is responsible for the minor’s obligations and claims, subject to applicable law.
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. The exclusive venue for any action not subject to arbitration is the state or federal courts in Wilmington, Delaware, and you consent to their jurisdiction.
12.5 Local Consumer Rights; Non-Exclusive Jurisdiction (Outside the U.S.). Nothing in these Terms (including Sections 11–12) limits any non-waivable consumer rights under the laws of your country of residence. Where mandatory law requires, you may bring claims in the courts of your habitual residence, and any choice of law or forum in these Terms will be non-exclusive and without prejudice to such rights. If any part of Section 11 (arbitration/class-action waiver) is not enforceable in your country, the remainder of these Terms will continue to apply.
13.1 Disclaimers. The Services and all content are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, 8up.ai disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement.
13.2 Limitation of Liability. To the maximum extent permitted by law, 8up.ai will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, or goodwill. 8up.ai’s total liability for any claim will not exceed the greater of (a) $100 or (b) amounts you paid to 8up.ai for the Services in the 12 months preceding the claim. Some jurisdictions do not allow certain limitations; in such cases these limits apply to the fullest extent permitted.
You will defend, indemnify, and hold harmless 8up.ai and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your UGC, your use of the Services, or your violation of these Terms or law.
You may not use or access the Services if you are located in an embargoed country, are on a U.S. government restricted list, or for any prohibited end use under export control or sanctions laws. You agree to comply with all applicable export and sanctions restrictions.
By using the Services, you consent to receive electronic communications from us. If you opt in to SMS, message and data rates may apply. Reply STOP to cancel and HELP for help. We may send service, transactional, and (where permitted) marketing messages.
We may request your age or age range (or, where available, use platform-provided age signals) to apply appropriate privacy and safety measures. Any age screen we use will be neutral and not designed to encourage minors to misrepresent their age.
Upon termination or account closure, your profile and in-account content may be deleted or disabled. UGC you shared with others or made available in group/community features may continue to be displayed to those recipients or spaces, with attribution updated (e.g., “Deleted User”). We may suspend or terminate your access at any time, with or without notice, including for violations or risk to the Services/users. We may retain backups, logs, and other records, and continue limited use of de-identified/aggregated derivatives and trained model parameters consistent with Section 4.5 and our Privacy Policy. Sections that by their nature should survive (including ownership, UGC license as applied above, disclaimers, limitations, indemnity, dispute resolution, governing law, and general terms) will survive.
Parents/guardians of minors may request account deletion as described in our Privacy Policy; we may take steps to verify the requester’s authority.
We may modify these Terms. We will provide notice of material changes (e.g., email, in-app, or posting). Changes become effective on the stated effective date; continued use confirms acceptance. If you do not agree, you must stop using the Services.
We are not liable for delays or failures due to events beyond our reasonable control (e.g., acts of God, outages, strikes, war, government actions).
You may not assign these Terms without our prior written consent; we may assign without restriction. No waiver is effective unless in writing. If any provision is held invalid, the remainder remains in effect. These Terms are the entire agreement between you and 8up.ai regarding the Services and supersede prior agreements on the subject.
21.1 Language. These Terms may be provided in multiple languages. The English version controls to the extent of any inconsistency, except where prohibited by local law.
Outputs generated by AI or automation may be inaccurate, incomplete, or inappropriate. Do not rely on outputs for medical, legal, financial, or other professional advice. Always evaluate and verify before use.
Notices & Support:
8upAI, Inc.
8 The Green, STE A, Dover, DE 19901
Email: support@8up.ai
California Consumers: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or (800) 952-5210.
If you are a consumer in the EEA or UK, you may have a 14-day right to withdraw from certain digital-service contracts. Because the Services begin immediately when you create an account and are provided on an ongoing basis without monetary payment, your right of withdrawal may not apply or may end once performance begins at your request. This Section does not affect non-waivable rights under applicable law.