Terms of Service

These Terms of Service ("Terms") govern your access to and use of the 38os platform, website, and related services (collectively, the "Service") provided by 38os ("we," "our," or "us"). Please read these Terms carefully before using the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization. If you do not agree to these Terms, you may not use the Service.

2. Account Registration

To use the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Maintain the security of your password and accept responsibility for all activities that occur under your account.
• Immediately notify us of any unauthorized use of your account or any other breach of security.

Each account is for a single individual user. You may not share your account credentials with others. We reserve the right to suspend or terminate accounts that we reasonably believe are being shared or used in violation of these Terms.

3. Subscription Plans & Billing

38os offers multiple subscription tiers with varying features, usage limits, and pricing. The specific features and pricing of each plan are described on our pricing page and may be updated from time to time. Key billing terms include:

• Billing Cycles: Subscriptions are available on monthly or annual billing cycles. Annual plans offer a discounted rate compared to monthly billing.
• Plan Tiers: Each tier provides access to specific features, module limits, and workspace capacities. Upgrading or downgrading your plan takes effect at the start of your next billing cycle unless otherwise stated.
• Taxes: All prices are exclusive of applicable taxes. You are responsible for paying any taxes or government charges imposed on your subscription.

4. Free Trial

We offer a 14-day free trial for new users. The trial provides access to the Service without requiring a credit card. At the end of the trial period, you may choose to subscribe to a paid plan. If you do not subscribe, your trial account will expire and access to premium features will be restricted. Any data you created during the trial will be retained for 30 days after trial expiration, after which it may be deleted.

5. Payment Terms

• Payment Processing: When paid plans become available, all payments will be processed securely through Stripe. We will never store your credit card information on our servers. By providing payment information, you will authorize us to charge the applicable subscription fee.
• Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle (monthly or annually) unless you cancel before the renewal date. You will be charged the then-current rate for your plan at renewal.
• Failed Payments: If a payment fails, we will attempt to process the charge again over a grace period of up to 7 days. If payment cannot be collected after multiple attempts, your account may be downgraded or suspended until the outstanding balance is resolved.

6. Cancellation & Refunds

• Cancellation: You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to the Service through the end of your current billing period. No further charges will be made after cancellation.
• 30-Day Money-Back Guarantee: When paid subscriptions are available, if you are not satisfied with the Service, you may request a full refund within 30 days of your initial subscription payment. This guarantee applies to first-time subscribers only.
• Annual Plan Pro-Rata Refunds: If you cancel an annual subscription after the 30-day money-back period, you may be eligible for a pro-rata refund for the unused portion of your subscription term, at our discretion.

7. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, or underlying structure of the Service.
• Scrape, crawl, or use automated means to extract data or content from the Service, except through officially provided APIs and export features.
• Use the Service to store, transmit, or distribute any content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
• Abuse the AI advisor by attempting to circumvent usage limits, extract training data, or use the AI features for purposes unrelated to marketing strategy.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the integrity or performance of the Service, its servers, or connected networks.
• Attempt to gain unauthorized access to the Service, other user accounts, or computer systems or networks connected to the Service.
• Resell, sublicense, or redistribute the Service or any part of it without our prior written consent.

8. Intellectual Property

The Service, including its original content (excluding user-generated content), features, functionality, design, code, branding, logos, and documentation, is and will remain the exclusive property of 38os and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written permission.

9. Data Ownership

You retain full ownership of all data you input into the Service, including business information, intake responses, audit results, strategy documents, KPI data, and any other content you create or upload. We claim no ownership over your data.

By using the Service, you grant us a limited, non-exclusive license to process your data solely for the purpose of providing and improving the Service. This license terminates when you delete your data or close your account.

You may export your data at any time through the export features available within the Service. Upon account deletion, we will delete your data within 30 days in accordance with our Privacy Policy.

10. AI Features Disclaimer

38os uses artificial intelligence, including the Anthropic Claude API, to generate marketing audits, strategic recommendations, diagnostic narratives, and other advisory content. You acknowledge and agree that:

• AI-generated suggestions, scores, and recommendations are advisory in nature and should not be treated as guaranteed outcomes or professional consulting advice.
• AI outputs are based on the information you provide and general marketing principles. Results may vary, and success depends on implementation, market conditions, and other factors beyond the scope of the Service.
• You are solely responsible for evaluating and implementing any AI-generated recommendations. 38os is not liable for business decisions made based on AI outputs.
• AI features may occasionally produce inaccurate or incomplete information. You should verify AI-generated content before relying on it for critical business decisions.

11. Service Availability

We target 99.9% uptime for the Service and strive to provide reliable, uninterrupted access. However, the Service may be temporarily unavailable due to:

• Planned maintenance windows, which we will notify you of in advance whenever possible.
• Unplanned outages caused by circumstances beyond our reasonable control, including third-party service failures, natural disasters, or cyberattacks.
• Updates, upgrades, or improvements to the Service that may require temporary downtime.

We do not guarantee uninterrupted or error-free access to the Service. You can monitor real-time service status at our Status Page.

12. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Your use of the Service is at your sole risk.

13. Limitation of Liability

To the maximum extent permitted by applicable law, 38os and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to, use of, or inability to access or use the Service.
• Any conduct or content of any third party on the Service.
• Any content obtained from the Service, including AI-generated recommendations.
• Unauthorized access, use, or alteration of your transmissions or content.

In no event shall our total aggregate liability exceed the amount you have paid us in the twelve (12) months preceding the event giving rise to the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless 38os and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, your violation of any rights of a third party, or any content you submit or make available through the Service.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Bangladesh, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Bangladesh, and you consent to the jurisdiction of such courts.

16. Dispute Resolution

In the event of any dispute arising from or relating to these Terms or the Service, you agree to first attempt to resolve the dispute informally by contacting us at legal@38os.com. If the dispute cannot be resolved informally within 30 days, either party may pursue formal resolution through the courts of Bangladesh as described in Section 15 above.

17. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and 38os regarding your use of the Service, superseding any prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will provide at least 30 days' notice before the new terms take effect. Notice may be provided by email, in-app notification, or by posting the updated Terms on our website with a revised effective date. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and close your account.

19. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: legal@38os.com
• Subject Line: Terms of Service Inquiry