Terms of Service

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service. These Terms constitute a legally binding agreement between you and 88stacks regarding your use of the Service.

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

2. Description of Service

88stacks.com provides managed, always-on cloud instances for running OpenClaw — an open-source AI-powered claw machine framework. Our Service includes, but is not limited to:

• Provisioning and managing dedicated cloud instances (virtual machines) on your behalf
• Pre-installing and configuring the OpenClaw framework and its dependencies
• Automated software updates and security patches for the managed environment
• Daily automated backups of your instance data
• Web-based terminal access for interacting with your instance
• Technical support through email and other channels as made available
• Optional purchase of LLM credits (prepaid balance) for AI/LLM-powered features used in connection with your instance
• Optional connection of Google Workspace services (Gmail, Calendar, Drive, Contacts, Docs, Sheets) via the Connections page to enable Assistant features that interact with your Google Workspace data
• Optional connection of Slack via the Connections page to enable your AI Assistant to interact with your Slack workspace (send messages, read channels, search, and perform other actions you request)
• Optional connection of Discord via the Connections page or Discord proxy bot to enable your AI Assistant to interact with your Discord server (send messages, read channel content, and respond to your requests)
• Optional connection of HubSpot via the Connections page to enable your AI Assistant to interact with your HubSpot CRM/CMS data (contacts, companies, deals, owners, pages, files, and related records)

The Service is designed to simplify the deployment and operation of OpenClaw. We do not control or take responsibility for the outputs, configurations, or third-party integrations you choose to run on your instance. OpenClaw itself is open-source software governed by its own license, and you are responsible for complying with that license.

3. Eligibility

The Service is intended for users who are at least 18 years of age, or the age of legal majority in their jurisdiction, whichever is greater. By using the Service, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. 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.

4. Account Registration & Security

To access certain features of the Service, you must register for an account. You may register by providing your email address and a password, or by signing in with Google (or other identity providers we may support). When you register, you agree to provide accurate, current, and complete information and to keep this information up-to-date.

If you use email and password, you are solely responsible for safeguarding your password and credentials. If you use Google or another third-party sign-in, you are responsible for securing that account and for any use of our Service by anyone who gains access to it. You agree to:

• If using password: create a strong, unique password that you do not use on other services
• Not share your account credentials with any third party
• Immediately notify us at [email protected] if you suspect any unauthorized use of your account
• Accept responsibility for all activities that occur under your account, whether or not authorized by you

When you sign in or register with Google, we receive limited information from Google (such as your email and a unique identifier) to create or match your account. Use of Google Sign-In is subject to Google's terms and privacy policy in addition to these Terms.

We reserve the right to disable any account at any time, including if, in our opinion, you have violated any provision of these Terms.

5. Reservation, Billing & Payment

5.1 Reservation Model

88stacks.com operates a reservation-based model. When you reserve an instance, you pay for the first month of service at the rate displayed at checkout. This reservation secures your spot and plan selection. Ongoing monthly billing begins only when the Service officially launches and your instance is activated — not from the date of reservation.

5.2 Payment Processing

All payments are processed securely through Stripe, our third-party payment processor. By providing your payment information, you authorize us to charge the applicable fees to your payment method. All fees are listed in US Dollars (USD) unless otherwise stated. You are responsible for any taxes applicable to your purchase.

5.3 Recurring Billing

After the Service launches, your subscription will automatically renew each billing cycle (monthly) at the then-current rate for your plan, unless you cancel before the next renewal date. You authorize us to charge your payment method on file for each renewal period.

5.4 Failed Payments

If a payment fails, we will attempt to notify you and may retry the charge. If payment remains unsuccessful after a reasonable period, we reserve the right to suspend or terminate your instance. You remain responsible for any uncollected amounts.

5.5 Annual Billing

We may offer annual subscription plans at a discounted rate compared to monthly billing. When you subscribe to an annual plan, you pay the full annual fee upfront for twelve (12) months of service. Annual subscriptions automatically renew at the end of each twelve-month period at the then-current annual rate, unless you cancel before the renewal date. The annual discount rate is locked in for the duration of each paid twelve-month term.

5.6 LLM Credits & AI Balance

We offer prepaid LLM credits ("Credits") that can be used for AI-powered and large-language-model (LLM) features within the Service, such as usage of AI models in connection with your OpenClaw instance. Credits are the sole mechanism we provide for paying for such LLM usage; subscription fees do not include unlimited LLM usage unless otherwise stated.

Purchasing Credits. You may purchase Credits at any time through your account — for example via the dashboard, billing, or top-up flows we make available in the Service. Purchases are charged to your chosen payment method (e.g. card on file) through our payment processor, Stripe. We may offer Credits in fixed packs or custom amounts; pricing and available packs are shown at the time of purchase. All Credit purchases are one-time charges unless we explicitly offer a recurring Credit plan.

Credits are applied to your account balance upon successful payment and are deducted automatically as you use eligible LLM or AI features. Credits are non-transferable and may not be resold or transferred to other accounts. Unused Credits do not expire while your account remains active, unless otherwise stated at the time of purchase. We may change Credit pricing, pack sizes, or eligibility of features that consume Credits at any time; such changes do not affect Credits already in your account.

6. Early Bird Pricing

Early bird rates are promotional rates offered during the pre-launch period. Once you reserve at an early bird rate, that rate is locked in for the lifetime of your continuous, active subscription. "Continuous" means your subscription remains active without interruption — if you cancel and later re-subscribe, the early bird rate is not guaranteed and standard pricing may apply.

We reserve the right to modify, limit, or discontinue early bird pricing at any time for new reservations. Any changes to pricing will not affect existing active subscriptions at the early bird rate.

7. Plan Changes

You may upgrade or downgrade your subscription plan at any time after the Service launches. When upgrading, the price difference will be prorated for the remainder of your current billing period. When downgrading, the new rate takes effect at the start of your next billing cycle. Plan changes are subject to availability of resources.

8. Cancellation & Refunds

8.1 Before Service Launch

If the Service does not launch, you will receive a full refund of your reservation payment automatically. If you change your mind before launch, you may request a full refund by contacting us at [email protected].

8.2 Monthly Subscriptions

You may cancel your monthly subscription at any time through your account settings or by contacting us. Upon cancellation:

• Your instance will remain active until the end of your current billing period
• You will not be charged for subsequent billing periods
• We do not provide prorated refunds for the remainder of the current monthly billing period, except where required by applicable law
• After your billing period ends, your instance will be deactivated and your data may be deleted at any time

8.3 Annual Subscriptions

You may cancel your annual subscription at any time. Upon cancellation:

• Your instance will remain active until the end of the current calendar month
• Starting from the following month, we will refund the remaining unused months of your annual term on a prorated basis, calculated using the monthly average of your actual annual payment
• For example, if you paid $108 for an annual plan ($9/month average) and cancel after 4 months, you will receive a refund of $72 for the remaining 8 months
• Refunds are processed to your original payment method within 5–10 business days

8.4 LLM Credits & AI Balance

For prepaid LLM credits or AI balance purchased through the Service:

• Credits that have already been consumed are non-refundable
• Unused credit balance may be refunded upon request by contacting us at [email protected]
• Refund requests for unused credits must be submitted while your account is active
• Approved credit refunds are processed to your original payment method within 5–10 business days

8.5 Billing Disputes

If you believe a charge is incorrect, please contact us at [email protected] before initiating a dispute with your bank or credit card company. We are committed to resolving billing issues promptly and fairly.

If a chargeback or payment dispute is filed with your financial institution while a reasonable resolution is available through our support channels, we reserve the right to suspend or terminate your account pending resolution of the dispute. This does not affect any rights you may have under applicable consumer protection laws.

8.6 Data After Cancellation

You are responsible for exporting any data you wish to keep before canceling your subscription. Following cancellation, we may retain your instance data for a short period at our discretion, but we do not guarantee any retention period. Your instance data may be permanently deleted at any time after cancellation and cannot be recovered.

8.7 Refund Processing

All approved refunds are processed within 5–10 business days and returned to the original payment method used for the purchase. Refund amounts are calculated in US Dollars (USD). We are not responsible for any currency conversion fees or exchange rate differences applied by your bank or payment provider.

9. Acceptable Use Policy

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

• Violate any applicable federal, state, local, or international law or regulation
• Infringe upon or violate the intellectual property rights or privacy rights of any third party
• Upload, transmit, or distribute any viruses, malware, ransomware, or other malicious code
• Send unsolicited commercial communications (spam) or engage in phishing
• Attempt to gain unauthorized access to, interfere with, or disrupt the Service, its servers, or any networks connected to the Service
• Engage in cryptocurrency mining, distributed denial-of-service attacks, or other activities that consume excessive compute resources
• Use the Service to store, process, or transmit content that is illegal, defamatory, obscene, or harmful to minors
• Reverse-engineer, decompile, or disassemble any proprietary components of the Service
• Resell, sublicense, or redistribute access to the Service without our prior written consent
• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this provision, including without limitation, suspending or terminating that person's account and reporting such activity to law enforcement authorities.

10. Resource Limits & Fair Use

Each subscription plan includes specific resource allocations (vCPU, RAM, storage) as described on our pricing page. You agree to use resources within the limits of your selected plan. If your usage consistently exceeds your plan's allocation, we may ask you to upgrade to a higher-tier plan. Excessive resource usage that impacts other customers may result in temporary throttling or suspension of your instance.

11. Intellectual Property

11.1 Our Property

The Service, including the 88stacks.com website, platform architecture, proprietary tooling, APIs, branding, logos, documentation, and all related content, are the exclusive property of 88stacks and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our proprietary materials without our prior written consent.

11.2 Open Source Software

OpenClaw and certain other components used in the Service are open-source software governed by their respective licenses. Your use of these components is subject to the applicable open-source licenses. Nothing in these Terms restricts or modifies your rights under those open-source licenses.

11.3 Your Content

You retain all ownership rights to the configurations, data, and content you create or store on your instance ("Your Content"). By using the Service, you grant us a limited license to host, store, and back up Your Content solely for the purpose of providing and improving the Service. We will not access, use, or share Your Content except as necessary to operate the Service, comply with law, or enforce our Terms.

12. Service Availability

We strive to maintain high availability for the Service and target 99.9% uptime for active instances. However, we do not guarantee uninterrupted, timely, or error-free access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Emergency security patches or critical updates
• Infrastructure issues at our cloud hosting providers
• Force majeure events (natural disasters, acts of government, etc.)

We are not liable for any damages, losses, or inconvenience arising from service interruptions or downtime.

13. Data & Backups

We perform daily automated backups of your instance as part of the Service. While we take reasonable measures to ensure backup integrity, we do not guarantee that backups will be error-free or that data can always be fully restored. You are encouraged to maintain your own independent backups of any critical data or configurations.

14. Third-Party Services

The Service may integrate with or contain links to third-party services, websites, or applications (e.g., Stripe for payment processing, cloud infrastructure providers). These third-party services are governed by their own terms and privacy policies. We are not responsible for the content, accuracy, or practices of any third-party services and do not endorse or assume liability for them.

14.1 Connected Google Workspace Accounts

You may optionally connect your Google Workspace account through our Connections page to enable features powered by various Google Workspace services. Supported services include Gmail (read, send, and modify email), Google Calendar (view and manage events), Google Drive (search, upload, and manage files), Google Contacts (view and manage contacts), Google Docs (view and edit documents), and Google Sheets (read and write spreadsheets). Connecting your Google Workspace account is entirely voluntary and requires your explicit authorization through Google's OAuth consent screen. You may choose to connect one or more of these services individually.

By connecting a Google Workspace service, you grant us permission to access and use the data associated with that service solely to provide the functionality you have requested. We do not use data obtained through Google Workspace services to develop, train, or improve generalized AI or machine learning models. The connected-accounts feature is provided on an "as is" basis. You are responsible for ensuring your use of these features complies with your organization's policies and any applicable laws. We do not guarantee the accuracy, reliability, or security of data accessed through connected accounts. You are solely responsible for your use of connected accounts and for any consequences arising from the Assistant's access to or use of your Google Workspace data. We are not liable for any loss, corruption, or unauthorized access to your connected account data, or for any actions taken by the Assistant on your behalf. You may disconnect any or all Google Workspace services at any time through the Connections page or your Google Workspace account settings; disconnecting will revoke our access for the disconnected service(s).

14.2 Connected Slack Accounts

You may optionally connect your Slack workspace through our Connections page to enable your AI Assistant to interact with your Slack workspace — for example, to send and receive messages, read channel content, search your workspace, and perform other actions you request. Connecting Slack is entirely voluntary and requires your explicit authorization through Slack's OAuth consent screen.

By connecting Slack, you grant us permission to access and use the data associated with your Slack workspace solely to provide the functionality you have requested. We do not use data obtained through Slack to develop, train, or improve generalized AI or machine learning models. The Slack connection feature is provided on an "as is" basis. You are responsible for ensuring your use of these features complies with your organization's policies and any applicable laws. We do not guarantee the accuracy, reliability, or security of data accessed through Slack. You are solely responsible for your use of connected Slack and for any consequences arising from the Assistant's access to or use of your Slack data. We are not liable for any loss, corruption, or unauthorized access to your Slack data, or for any actions taken by the Assistant on your behalf. You may disconnect Slack at any time through the Connections page or your account settings; disconnecting will revoke our access.

14.3 Connected Discord Accounts

You may optionally connect Discord or use the Discord proxy bot to enable your AI Assistant to interact with your Discord server — for example, to send messages, read channel content, and respond to requests you make. Connecting Discord is entirely voluntary and may require your authorization through Discord's consent or bot authorization flow.

By connecting Discord, you grant us permission to access and use the data associated with your Discord account and server solely to provide the functionality you have requested. We do not use data obtained through Discord to develop, train, or improve generalized AI or machine learning models. The Discord connection feature is provided on an "as is" basis. You are responsible for ensuring your use of these features complies with your organization's policies and any applicable laws. We do not guarantee the accuracy, reliability, or security of data accessed through Discord. You are solely responsible for your use of connected Discord and for any consequences arising from the Assistant's access to or use of your Discord data. We are not liable for any loss, corruption, or unauthorized access to your Discord data, or for any actions taken by the Assistant on your behalf. You may disconnect Discord at any time through the Connections page or your account settings; disconnecting will revoke our access.

14.4 Connected HubSpot Accounts

You may optionally connect your HubSpot account through our Connections page to enable your AI Assistant to interact with your HubSpot CRM/CMS data — for example, to create or update contacts and deals, search records, view owners, and manage pages or files. Connecting HubSpot is entirely voluntary and requires your explicit authorization through HubSpot's OAuth consent screen.

By connecting HubSpot, you grant us permission to access and use the data associated with your HubSpot account solely to provide the functionality you have requested. We do not use data obtained through HubSpot to develop, train, or improve generalized AI or machine learning models. The HubSpot connection feature is provided on an "as is" basis. You are responsible for ensuring your use of these features complies with your organization's policies and any applicable laws. We do not guarantee the accuracy, reliability, or security of data accessed through HubSpot. You are solely responsible for your use of connected HubSpot and for any consequences arising from the Assistant's access to or use of your HubSpot data. We are not liable for any loss, corruption, or unauthorized access to your HubSpot data, or for any actions taken by the Assistant on your behalf. You may disconnect HubSpot at any time through the Connections page or your account settings; disconnecting will revoke our access.

14.5 Third-Party Account Liability

88stacks is not responsible for any actions taken by third-party services (including Google, Slack, Discord, or other connected services) that result in suspension, termination, banning, or other penalties to your account with those services. This includes, but is not limited to:

• Google banning or suspending your Google Workspace account due to abuse, violations of Google's Terms of Service, inappropriate content, or any other reason
• Slack terminating or restricting your workspace due to policy violations, misuse, or other breaches of Slack's acceptable use policy
• Discord restricting or terminating your server or account due to policy violations, misuse, or other breaches of Discord's terms
• HubSpot restricting or terminating your HubSpot account due to policy violations, misuse, or other breaches of HubSpot's terms
• Any other connected third-party service taking action against your account

You are solely responsible for complying with the terms of service, acceptable use policies, and community standards of any third-party service you connect to 88stacks. If you use connected third-party services in violation of their policies or terms, we cannot be held liable for any resulting actions taken by those services against your account. You assume all risk associated with connecting and using third-party services through 88stacks.

15. 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, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, the exclusions will apply to the fullest extent permitted by applicable law.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 88STACKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

In no event shall our aggregate liability for all claims related to the Service exceed the total amount you have paid to us in the twelve (12) months immediately preceding the event giving rise to the liability, or one hundred US dollars ($100), whichever is greater.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless 88stacks and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Service, your User Content, or your violation of any rights of a third party.

18. Termination

18.1 Termination by You

You may terminate your account at any time by canceling your subscription and deleting your account through the Service, or by contacting us at [email protected].

18.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. We will make reasonable efforts to notify you of the termination and the reasons for it, except where prohibited by law or where notification could compromise the security of the Service.

18.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Following termination, we will delete your instance data after the grace period described in Section 8.6.

19. Dispute Resolution

If you have a dispute with us, we encourage you to first contact us at [email protected] so we can try to resolve it informally. Both parties agree to attempt to resolve any dispute through good-faith negotiation for at least thirty (30) days before initiating any formal proceedings.

20. Governing Law

These Terms shall be governed by and construed in accordance with applicable law, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

21. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

22. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and 88stacks regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.