Version 1.1
1.1 These Terms of Use (the "Terms") govern access to and use of C8 FX Hedge and form a legally binding agreement between C8 Index Technologies (EU) Limited ("C8", "we", "us", "our") and the person or organisation identified through the subscription checkout process (the "Subscriber", "you", "your").
1.2 The agreement is formed electronically when you actively accept the Terms during Checkout and complete the subscription process. If you subscribe on behalf of a company, partnership, fund, institution or other organisation, you confirm that you have authority to bind that organisation to these Terms.
1.3 The commercial details shown in Checkout, including the subscription plan, price, billing interval, trial period (if any), taxes and any usage limits, form part of the agreement (the "Order"). If there is a direct conflict between these Terms and the Order, the Order prevails only in relation to the specific commercial item stated in the Order.
1.4 If you are a consumer (meaning an individual acting wholly or mainly outside your trade, business, craft or profession), the provisions in these Terms marked for Consumers apply to you. If you are acting for business purposes, you are a "Business Subscriber". Nothing in these Terms limits any right or remedy that cannot lawfully be excluded or restricted.
2.1 "C8 Content" means C8 Hedge Ratios, signals, data, analytics, calculations, methodologies, documentation, prompts, tool descriptions, responses containing C8 proprietary information, and other information or materials made available through the Service, excluding content that is demonstrably public through no breach of these Terms.
2.2 "C8 Hedge Ratio" means a signal derived from C8's proprietary algorithms.
2.3 "Service" means the C8 FX Hedge subscription service, including C8's proprietary software, interfaces, approved AI connections, APIs and other delivery mechanisms through which Subscribers may access current C8 Hedge Ratios and related performance, portfolio or hedge analytics.
2.4 "Permitted User" means the individual Subscriber and, where the applicable plan expressly allows multiple users, any user authorised by the Subscriber and C8 under that plan. Credentials and access rights are personal to the Permitted User and may not be shared.
2.5 "Third-Party AI Platform" means a third-party application or service through which C8 may make the Service available, including ChatGPT (OpenAI), Claude (Anthropic) and any other platform C8 may support from time to time.
2.6 "Developer API" means any C8-approved programmatic interface made available under the Subscriber's plan.
3.1 Your subscription begins when C8 confirms successful Checkout and provision of the Service. Any free or discounted trial, its duration and the date on which paid billing begins will be displayed before you subscribe.
3.2 Unless the Order says otherwise, subscriptions renew automatically for successive billing periods until cancelled. You authorise C8 and its payment provider to charge the payment method supplied at Checkout for recurring subscription fees and any usage-based charges expressly included in your plan.
3.3 You may cancel through the billing or account-management method made available by C8. Unless applicable law requires otherwise, cancellation takes effect at the end of the current paid billing period and does not retrospectively refund fees already due for that period.
3.4 Fees and taxes are shown in Checkout. C8 may charge, collect or account for VAT, sales tax or similar taxes where required by law. Business Subscribers must provide accurate billing and tax information, including any valid VAT or tax identification number used to determine tax treatment.
3.5 If payment fails, the subscription expires, is cancelled, or C8 reasonably believes payment information is unauthorised, C8 may suspend access. Restoration of payment may restore access subject to the subscription status and these Terms.
Consumer cancellation rights. If you are a Consumer, you may have a statutory cooling-off or cancellation right. C8 will provide the legally required pre-contract information and confirmation on a durable medium (for example, email). If you expressly ask C8 to begin supplying the Service during a statutory cancellation period, the consequences of that request, including any amount payable for service already supplied, will be explained in the Checkout or confirmation flow as required by applicable law. See Appendix 1 for a model cancellation form.
4.1 C8 may make the Service available through one or more approved connection methods. Human users should ordinarily connect through C8's authentication and authorisation flow rather than by receiving or copying a long-lived API key.
4.2 For ChatGPT and Claude, C8 may use OAuth or another secure authorisation mechanism so that the Third-Party AI Platform receives a limited credential without exposing a C8 API key to the Subscriber. You must complete any required C8 sign-in and must not attempt to bypass the authentication, entitlement or rate-limiting controls.
4.3 A Developer API may be made available under eligible plans. C8 may use OAuth, API keys or other machine credentials for such integrations. Any machine credential is confidential, may be used only for the Subscriber's authorised systems, and may be revoked or rotated by C8.
4.4 You are responsible for keeping your account, login, devices and any credentials secure and for activity performed through your account, except to the extent caused by C8's breach of applicable law or its own security obligations. You must promptly notify C8 of suspected unauthorised access.
4.5 C8 may impose reasonable usage limits, rate limits or technical controls to protect the Service and other users. You must not access the Service in a manner reasonably likely to overload, disrupt or impair it.
5.1 Subject to payment of applicable fees and compliance with these Terms, C8 grants the Subscriber a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable right, during the subscription term, for Permitted Users to access and use the Service and C8 Content solely for the Subscriber's own personal use or internal business purposes (as applicable).
5.2 The licence does not transfer ownership of any C8 intellectual property, data, methodologies, software, C8 Hedge Ratios or other C8 Content.
5.3 A Business Subscriber may use C8 Content internally to inform its own treasury, risk-management, investment or hedging decisions, subject always to Clause 6. The Service may not be used to provide C8 Content as a service, data feed or product to another person.
Key licence restriction — please read carefully. C8 FX Hedge and licensed C8 Content and data are licensed for the Subscriber's authorised use only. They may not be redistributed, resold or sublicensed. This restriction is specifically brought to your attention at Checkout.
6.1 You must not, and must not permit any other person, to:
6.2 You may not rely on a Third-Party AI Platform's technical ability to copy, export, share or automate content as permission to do so. Your use of C8 Content remains subject to these Terms regardless of the interface through which it is accessed.
6.3 If you become aware of unauthorised redistribution, credential sharing, scraping or other misuse of C8 Content, you must take reasonable steps to stop it and promptly notify C8.
7.1 All intellectual property rights in or relating to the Service and C8 Content, including C8 Hedge Ratios, algorithms, models, selection and arrangement of information, software, database rights, know-how, documentation, trade marks and related analytics, are and remain owned by C8 or its licensors.
7.2 C8 reserves all rights not expressly granted by these Terms, including the right to provide the Service and C8 Content through present or future technologies and interfaces.
7.3 Any feedback you voluntarily provide about the Service may be used by C8 to improve its products and services without payment to you, provided C8 does not thereby obtain ownership of your confidential information or personal data.
8.1 Access through a Third-Party AI Platform is optional and may require a separate account with that provider. Your use of that platform is also governed by the provider's own terms, privacy notice and technical policies.
8.2 C8 does not control a Third-Party AI Platform and is not responsible for its availability, user interface, model behaviour, account rules or independent processing of information. C8 may change, suspend or withdraw an integration if the provider changes its platform or if C8 considers the integration insecure, non-compliant or operationally impractical.
8.3 Responses displayed by a Third-Party AI Platform may include natural-language generation, summarisation or formatting performed by that platform around C8-provided data or tools. You should distinguish C8 Hedge Ratios and C8-supplied data from explanatory text generated by the platform or from any other data not sourced from the C8 FX Hedge Agent.
8.4 You are responsible for deciding what information you submit through a Third-Party AI Platform. Do not provide confidential, personal, regulated or sensitive information unless you are authorised to do so and have satisfied yourself that the relevant platform and C8 connection are appropriate for that information.
Key restriction — please read carefully. C8 FX Hedge is an information and analytics service, not investment advice — it does not make investment or trading decisions. Users should obtain independent professional advice appropriate to their circumstances before acting on any information from the Service. This restriction is specifically brought to your attention at Checkout.
9.1 C8 FX Hedge is an information and analytics service. C8 is not acting through the Service as your investment adviser, fiduciary, broker, dealer, execution agent, tax adviser or legal adviser, and does not make investment or trading decisions for you.
9.2 C8 Hedge Ratios, analytics, scenarios, explanations and other outputs are provided for information and analytical purposes. All hedging, investment, treasury, trading and other decisions remain under your sole control and responsibility.
9.3 The Service is not intended to constitute, and should not be treated as, tax, legal or investment advice or as a recommendation to enter into any transaction. You should obtain independent professional advice appropriate to your circumstances before acting on information obtained from the Service.
9.4 Market conditions can change rapidly. Past or modelled performance does not guarantee future results, and any hedge ratio or analytical output may cease to be appropriate as circumstances change.
10.1 C8 will provide the Service with reasonable care and skill and in accordance with any mandatory statutory standard that applies to the Subscriber.
10.2 Because the Service depends on software, networks, data sources and third-party systems, C8 does not promise uninterrupted or error-free availability. C8 may perform maintenance, respond to security incidents, change infrastructure or temporarily restrict access where reasonably necessary.
10.3 C8 may update the Service, algorithms, interfaces, supported AI platforms and documentation over time. C8 will not deliberately remove a material paid feature during a prepaid subscription period without a reasonable substitute, notice or remedy where required by applicable law.
10.4 Information used by the Service may be obtained from sources C8 considers reliable but may contain errors, delays, omissions or revisions. C8 does not guarantee that third-party source data is complete or independently verified unless C8 expressly states otherwise.
11.1 You must use the Service lawfully and in accordance with these Terms, applicable sanctions and anti-bribery laws, and any reasonable technical instructions notified by C8.
11.2 You are responsible for the accuracy of information you provide to C8, including account, billing, tax and user information.
11.3 You must maintain appropriate security measures for your use of the Service and must not introduce malware, malicious code or other material intended to damage, disrupt or gain unauthorised access to C8 or another person's systems.
11.4 If you are a Business Subscriber, you are responsible for ensuring that your Permitted Users comply with these Terms.
12.1 Non-public C8 Content, technical information and credentials are C8 confidential information. You must protect them using reasonable care and may use them only as permitted by these Terms.
12.2 C8 will handle personal data in accordance with applicable data protection law and its Privacy Notice. The Privacy Notice explains how C8 acts as controller for account, billing, support, security and service-administration data.
12.3 Where a Business Subscriber requires C8 to process personal data on the Subscriber's behalf in circumstances that require processor terms, the parties will enter into or incorporate an appropriate data processing agreement.
12.4 Nothing in this Clause prevents a party from disclosing information where required by law, regulation, court order or competent authority, provided that the disclosing party complies with any lawful confidentiality obligations that continue to apply.
13.1 You may cancel the subscription as described in Clause 3. C8 may suspend or terminate access if: (a) fees are overdue; (b) the Stripe or C8 entitlement is no longer active; (c) you materially breach these Terms; (d) C8 reasonably suspects unauthorised redistribution, credential compromise, security abuse or intellectual-property infringement; (e) continued provision would be unlawful; or (f) suspension is reasonably necessary to protect the Service or other users.
13.2 C8 may terminate immediately for deliberate or material redistribution, resale, sublicensing, systematic extraction, use of C8 Hedge Ratios outside the licensed scope, or use intended to create a competing hedge-ratio or data product.
13.3 Where a breach is capable of remedy and immediate suspension is not reasonably necessary, C8 will normally give a Business Subscriber a reasonable opportunity to remedy the breach. This does not limit C8's right to act immediately where delay could cause material harm.
13.4 On termination or expiry, your right to access and use the Service ends. You must stop using C8 Content and, to the extent reasonably practicable, delete locally stored copies that you are not legally required to retain. Any lawful archival copy remains subject to the confidentiality, intellectual-property and no-redistribution restrictions in these Terms.
13.5 Clauses intended by their nature to survive termination, including Clauses 6, 7, 9, 12, 15, 17 and 18, continue to apply.
14.1 If you are a Consumer, these Terms do not exclude or restrict statutory rights relating to digital content, digital services, services, unfair terms, cancellation, refunds or remedies where those rights cannot lawfully be excluded or restricted.
14.2 If the Service does not conform to the contract or C8 fails to provide it with the standard required by applicable consumer law, you may be entitled to repair, repeat performance, price reduction, cancellation, refund or other statutory remedies depending on the circumstances.
14.3 Nothing in these Terms requires a Consumer to submit a dispute to private arbitration or prevents a Consumer from using any court, complaint body or statutory remedy available under applicable law.
15A. Liability to Consumers
15.1 Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or liability that cannot be excluded under applicable consumer law.
15.2 If you are a Consumer, C8 is responsible for loss or damage that is a foreseeable result of C8's breach of these Terms or failure to use reasonable care and skill, but is not responsible for loss or damage that is not foreseeable or that arises from use of the Service for business purposes.
15.3 C8 is not responsible for investment, trading or hedging losses merely because a Consumer chose to act or not act on information or analysis from the Service, except to the extent such liability cannot lawfully be excluded in the circumstances.
15B. Liability to Business Subscribers
15.4 For Business Subscribers, the Service and C8 Content are provided on an "as is" and "as available" basis to the maximum extent permitted by law. Except as expressly stated, C8 excludes implied warranties, conditions and representations, including as to merchantability, fitness for a particular purpose and non-infringement, to the extent such terms may lawfully be excluded.
15.5 C8 is not liable to a Business Subscriber for indirect, special or consequential loss, or for loss of profit, revenue, business, opportunity, goodwill, anticipated savings, investment performance or trading results, arising out of or in connection with the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, except where such exclusion is prohibited by law.
15.6 Subject to Clause 15.7, C8's total aggregate liability to a Business Subscriber arising out of or in connection with the Service and these Terms will not exceed the subscription fees paid or payable by that Subscriber for the Service during the 12 months immediately preceding the event giving rise to the claim.
15.7 Nothing in Clauses 15.4 to 15.6 excludes or limits liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.
16.1 C8 may amend these Terms to reflect changes in law, regulation, security requirements, technology, supported platforms or the Service. C8 will make the current version available online and identify its effective date.
16.2 For material changes that adversely affect an existing paid Subscriber, C8 will give reasonable advance notice where practicable and, where required by law, obtain fresh acceptance or allow cancellation before the change takes effect.
16.3 Subscription prices may change for future billing periods. C8 will give the notice required by applicable law and the applicable subscription plan before a new price is charged.
17.1 C8 is not liable for delay or failure caused by events outside its reasonable control, provided this does not excuse obligations that applicable law does not permit C8 to exclude.
17.2 You may not assign, transfer or sublicense your rights under these Terms without C8's prior written consent. C8 may assign these Terms to an affiliate or to a successor in connection with a merger, reorganisation, sale of business or transfer of substantially all relevant assets, subject to applicable law.
17.3 If any provision is invalid or unenforceable, it will be treated as modified to the minimum extent necessary or severed, and the remaining provisions will continue in force.
17.4 A delay or failure to enforce a right is not a waiver of that right.
17.5 These Terms, the Order and any documents expressly incorporated by reference form the entire agreement relating to the subscription and supersede prior discussions or agreements about the same self-service subscription. This does not exclude liability for fraudulent misrepresentation and does not override mandatory consumer information forming part of the contract by law.
17.6 C8 may send operational or legal notices by email to the address associated with the Subscriber's account, through the Service, or by another durable electronic method reasonably appropriate to the notice. You must keep your contact details current.
18.1 These Terms are governed by the laws of England and Wales, except that a Consumer retains the protection of any mandatory law that applies in the country in which the Consumer habitually resides and that cannot lawfully be displaced by this choice of law.
18.2 If you are a Business Subscriber, the courts of England and Wales have exclusive jurisdiction over disputes arising out of or in connection with these Terms, unless C8 and the Business Subscriber agree otherwise in writing.
18.3 If you are a Consumer, you may bring proceedings in any court available to you under applicable consumer law. Nothing in these Terms requires you to use arbitration or deprives you of a mandatory consumer remedy.
18.4 Before commencing formal proceedings, the parties should where reasonable first try to resolve the issue through C8 support at support@c8-technologies.com.
C8 Index Technologies (EU) Limited
Penrose Wharf, Penrose Quay, Cork, T23 XN53, Ireland
Irish company number: 660194
Email: support@c8-technologies.com
Complete and return this form only if you wish to cancel the contract and you have a statutory right to do so. You may also use any easier cancellation method C8 makes available online.
To: C8 Index Technologies (EU) Limited, Penrose Wharf, Penrose Quay, Cork, T23 XN53, Ireland / support@c8-technologies.com
I/We hereby give notice that I/We cancel my/our contract for the supply of C8 FX Hedge.
Order / Stripe reference:
Ordered / subscribed on:
Name of consumer(s):
Address of consumer(s):
Date:
Signature is required only if this form is submitted on paper.