Effective date: March 2026
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.
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.
To use the Service, you must create an account. When registering, you agree to:
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.
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:
Creating a 38os account is free. Free accounts include limited access to features (limited analyses, AI messages, storage, and other usage caps). To unlock the full platform, select a paid plan (Go, Pro, Max, or a lifetime option). Your payment method is charged at checkout and recurring plans renew automatically on their billing anniversary until cancelled. Free accounts remain free; we do not auto-charge accounts that have not selected a plan. Any account inactive for 180+ days may be flagged for archival, with 30 days notice given before any data deletion.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
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.
You retain full ownership of all data you input into the Service, including business information, intake responses, analysis 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.
38os uses artificial intelligence, including the Anthropic Claude API, to generate marketing analyses, strategic recommendations, diagnostic narratives, and other advisory content. You acknowledge and agree that:
We target 99.9% uptime for the Service and strive to provide reliable, uninterrupted access. However, the Service may be temporarily unavailable due to:
We do not guarantee uninterrupted or error-free access to the Service. You can monitor real-time service status at our Status Page.
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.
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:
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.
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.
These Terms shall be governed by and construed in accordance with the applicable laws of the jurisdiction in which 38os operates, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in a court of competent jurisdiction, and you consent to the jurisdiction of such courts.
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 via our contact page. If the dispute cannot be resolved informally within 30 days, either party may pursue formal resolution through a court of competent jurisdiction as described in Section 15 above.
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.
If you have any questions about these Terms, please contact us at: