Terms and Conditions of Use

1. Definitions

"Customer" / "You" means any individual or legal entity that accesses or uses the Services.

"Customer Data" means all data, information, files, records, or content uploaded, submitted, or otherwise made available by you through the Services, including but not limited to supply chain, inventory, procurement, logistics, or operational data.

"AI Models" means machine learning, artificial intelligence, algorithms, and statistical models developed, trained, or used by O8 Software.

"Outputs" means recommendations, forecasts, projections, analyses, reports, or other results generated by the Services.

2. Scope of Services

2.1 O8 Software provides a technology platform that uses artificial intelligence to analyse Customer Data and generate non-binding supply order recommendations, forward inventory projections, and related analytical insights.

2.2 The Services are provided for informational and decision-support purposes only. You remain solely responsible for all business decisions, actions, and outcomes based on your use of the Services or any Outputs.

2.3 O8 Software does not guarantee that the Outputs will be accurate, complete, current, or suitable for your specific business needs.

3. Eligibility and Account Responsibilities

3.1 You must be at least 18 years old and legally capable of entering into binding contracts to use the Services.

3.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account.

3.3 You must promptly notify O8 Software of any unauthorised access or suspected security breach relating to your account.

4. Customer Data

4.1 Ownership

As between you and O8 Software, you retain ownership of your Customer Data. Nothing in these Terms transfers ownership of Customer Data to O8 Software.

4.2 Licence to Use Customer Data

You grant O8 Software a worldwide, royalty-free, non-exclusive, transferable, and sublicensable licence to:

• host, store, process, transmit, and analyse Customer Data;
• use Customer Data to provide, maintain, and improve the Services;
• anonymise, aggregate, and de-identify Customer Data; and
• use anonymised and aggregated data for analytics, pattern recognition, benchmarking, research, and the training, development, testing, and improvement of AI Models.

This licence survives termination of these Terms with respect to anonymised and aggregated data.

4.3 Anonymisation

O8 Software will take reasonable technical and organisational measures to anonymise Customer Data before using it for AI training or pattern recognition purposes. Once anonymised, such data will no longer be capable of identifying you or your business.

5. Data Security and Storage

5.1 O8 Software will use commercially reasonable efforts to store and process Customer Data securely using reputable cloud infrastructure providers, including Amazon Web Services (AWS).

5.2 You acknowledge and agree that:

• Customer Data may be stored and processed in multiple jurisdictions;
• the country in which Customer Data is stored may change from time to time; and
• such jurisdictions may be outside the United Kingdom or European Economic Area.

5.3 While O8 Software implements security measures designed to protect Customer Data, you acknowledge that no system is completely secure. O8 Software does not guarantee absolute security and shall not be liable for unauthorised access, loss, or disclosure of Customer Data except to the extent required by applicable law.

6. Compliance with Laws

6.1 You are solely responsible for ensuring that your upload and use of Customer Data complies with all applicable laws, regulations, and contractual obligations, including data protection and confidentiality obligations owed to third parties.

6.2 You represent and warrant that you have all necessary rights, consents, and permissions to provide Customer Data to O8 Software and to grant the licences set out in these Terms.

7. Artificial Intelligence and Outputs

7.1 Outputs are generated using probabilistic and statistical techniques and may contain errors or inaccuracies.

7.2 O8 Software does not warrant that Outputs will:

• achieve any specific commercial result;
• reduce costs, increase profits, or optimise supply chains; or
• comply with any regulatory, accounting, or industry-specific requirements.

7.3 Outputs do not constitute professional, financial, legal, or operational advice.

8. Intellectual Property

8.1 All intellectual property rights in the Services, AI Models, software, methodologies, and Outputs (excluding Customer Data) are and shall remain the exclusive property of O8 Software or its licensors.

8.2 You may use Outputs solely for your internal business purposes unless otherwise agreed in writing.

9. Confidentiality

9.1 Each party agrees to keep confidential any non-public, proprietary, or confidential information received from the other party in connection with the Services.

9.2 Confidentiality obligations do not apply to information that:

• is or becomes public through no fault of the receiving party;
• was lawfully known prior to disclosure; or
• is required to be disclosed by law or court order.

10. Disclaimers

10.1 The Services are provided on an "AS IS" and "AS AVAILABLE" basis.

10.2 To the maximum extent permitted by law, O8 Software disclaims all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

11.1 To the maximum extent permitted by law, O8 Software shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, business, data, or goodwill.

11.2 O8 Software’s total aggregate liability arising out of or in connection with the Services or these Terms shall not exceed the total fees paid by you to O8 Software in the twelve (12) months preceding the claim, or £100 if no fees were paid.

11.3 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under English law.

12. Indemnity

You agree to indemnify and hold harmless O8 Software, its directors, officers, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• your breach of these Terms;
• your use of the Services;
• your Customer Data; or
• your violation of any applicable law or third-party rights.

13. Suspension and Termination

13.1 O8 Software may suspend or terminate your access to the Services at any time, with or without notice, if you breach these Terms or if required to do so by law.

13.2 Upon termination, your right to use the Services will immediately cease.

14. Changes to the Services or Terms

14.1 O8 Software may modify the Services or these Terms at any time.

14.2 Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

15. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction.

16. General

16.1 These Terms constitute the entire agreement between you and O8 Software relating to the Services.

16.2 If any provision is held to be unenforceable, the remaining provisions shall remain in full force and effect.

16.3 No failure or delay by O8 Software in exercising any right shall constitute a waiver of that right.