Terms of Use

Last Updated: March 5, 2025

Introduction

Welcome to 88degreesenterprises.com (the “Website”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and 88 Degrees Enterprises LLC (the “Company”, “us”, “we”, or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the “Services”).

1. Acceptance of this Agreement

1.1 Acceptance Through Using or Accessing the Services

By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

1.2 Eligibility Requirements to Use or Access the Services

To use the Website or any other Services, you must be: (i) at least 18 years old, and (ii) not a competitor of or using the Services for purposes that are competitive with the Company.

By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.

1.3 Changes to this Agreement

The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately.

Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.

2. Access to the Services

2.1 Changes to Your Access and the Services

The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

2.2 Creating an Account

You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself.

If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy on 88degreesenterprises.com. You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.

2.3 Account Responsibilities

You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.

2.4 Termination or Deletion of an Account

The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.

3. Policy for Using the Services

3.1 Prohibited Uses

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company. You may use the Services for any business or commercial purposes.

3.2 Prohibited Activities

You further agree not to engage in any of the following prohibited activities in connection with using the Services:

a. No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.
b. No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.
c. No Impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.
d. No Harming of Minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
e. Compliance with Content Standards. Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out below in this Agreement.
f. No Interference with Others' Enjoyment. Harass or interfere with anyone’s use or enjoyment of the Services, or expose the Company or other users to liability or other harm.
g. No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services.
h. No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means, including robots, spiders, crawlers, scrapers, or offline readers, except that public search engines are granted revocable permission solely to index materials for searchable indices (not caches or archives).
i. No Viruses, Worms, or Other Damaging Software. Upload, transmit, or distribute viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others, including attacking the Services via a denial-of-service or distributed denial-of-service attack.
j. No Unauthorized Access or Violation of Security. Attempt unauthorized access, circumvent encryption or security tools, or interfere with any server, computer, database, host, user, or network connected to the Services.
k. No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain source code or underlying information of or relating to the Services.
l. No Collecting User Data. Collect or harvest any data regarding any other user without their consent, including emails, usernames, or passwords.
m. No Other Interference. Otherwise attempt to interfere with the proper working of the Services.
n. Attempt or Assist Others in Attempting. Attempt any of the foregoing or assist, permit, or encourage others to do so.

3.3 Geographic Restrictions

The Company is based in the United States of America, in the State of North Carolina. The Services are for use by persons located in the United States & Canada only. By choosing to access the Services from any location other than the United States or Canada, you accept full responsibility for compliance with all local laws. The Company makes no representations that the Services or any of its content are accessible or appropriate outside of the United States or Canada.

4. Terms and Conditions of Sale

4.1 Purchasing Process

Any steps taken from choosing Services to order submission form part of the purchasing process. The purchasing process includes these steps:

a. By clicking on the checkout button, users open the third-party merchant checkout section, wherein they will have to specify their contact details and a payment method of their choice.
b. After providing all the required information, users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on the Website, hereby accepting these Terms and committing to pay the agreed-upon price.

4.2 Order Submission

When you submit an order, the following applies:

a. The submission of an order determines contract conclusion and therefore creates for you the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page.
b. In case the purchased Services requires active input from you, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for you to cooperate accordingly.
c. Upon submission of the order, users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by you for such purposes.

4.3 Prices

You are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that you will be charged.

4.4 Methods of Payment

Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. All payments are independently processed through third-party services. Therefore, the Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If payment fails or is refused by the payment service provider, the Company shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from failed or refused payment shall be borne by you.

4.5 Retention of Usage Rights

You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.

5. Contract Duration

5.1 Subscriptions

Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Company. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

5.2 Fixed-term Subscriptions

Paid fixed-term subscriptions start on the day the payment is received by the Company and last for the subscription period chosen by you or otherwise specified during the purchasing process. Once the subscription period expires, the Services shall no longer be accessible, unless you renew the subscription by paying the relevant fee. Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term.

5.3 Automatic Renewal

Subscriptions are automatically renewed through the payment method that you chose during purchase unless you cancel the subscription within the deadlines for termination specified in the relevant section of these Terms and/or Website. The renewed subscription will last for a period equal to the original term. You shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.

5.4 Termination

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company using the contact details provided in this document, or — if applicable — by using the corresponding controls inside the Website. Termination will be effective at the end of the current billing period.

5.5 Termination Notice

If the notice of termination is received by the Company before the subscription renews, the termination shall take effect as soon as the current period is completed.

6. Intellectual Property Rights

6.1 Ownership of Intellectual Property

You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the “Content”), are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.

6.2 License to Use the Services

During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for any business or commercial use in accordance with this Agreement. The Content may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.

6.3 Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions:

a. No Copying or Distribution. You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content except as expressly permitted herein or as enabled by a feature of the Services.
b. No Modifications. You shall not modify, create derivative works, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.
c. No Exploitation. You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or Services in any way.
d. No Altering of Notices. You shall not delete or alter any copyright, trademark, or proprietary rights notices.
e. No Competition. You shall not access or use the Content to build a similar or competitive product or service.
f. Systematic Retrieval. You shall not use any information retrieval system to create or compile a database or collection of the Content or other data from the Services.

6.4 Trademark Notice

All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties. You may not use such trademarks without prior written consent of the respective owner.

7. User Generated Content

7.1 User Generated Content

The Services may contain message boards, chatrooms, profiles, forums, and other interactive features that allow users to post, upload, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Content”) on or through the Services.

You are solely responsible for your User Content. All User Content must comply with the Content Standards set forth below. Any User Content you post will be considered non-confidential and non-proprietary. You assume all risks associated with your User Content, including reliance by others and any disclosures that personally identify you or others. You agree that the Company shall not be responsible or liable to any third party for any User Content posted by you or any other user.

7.2 License

You hereby grant to the Company an irrevocable, non-exclusive, royalty-free and fully paid, transferable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Services and the Company’s business including, without limitation, for promoting and redistributing part or all of the Services.

This license is subject to our Privacy Policy to the extent it relates to User Content that contains personally identifiable information.

7.3 Content Standards

User Content must not:

a. Violate laws or obligations.
b. Promote illegal activity or harm to others.
c. Infringe intellectual property rights.
d. Be unlawful, defamatory, abusive, threatening, harassing, obscene, vulgar, profane, indecent, offensive, inflammatory, or otherwise objectionable.
e. Promote sexually explicit or pornographic material, violence, or unlawful discrimination.
f. Contain false or misleading statements or impersonation.
g. Imply endorsement by the Company when none exists.

7.4 Monitoring and Enforcement

We reserve the right, but are not obligated, to remove or refuse any User Content, disclose User Content or identity as required by law, and suspend or terminate access for violations. We do not pre-screen User Content and are not liable for actions or inactions regarding User Content.

8. Copyright Infringement (DMCA Policy)

If you believe your work has been copied in a way that constitutes copyright infringement, please provide the required DMCA notice information to our designated copyright agent.

Designated copyright agent for the Company:
Email: [email protected]

9. Feedback to the Company

If you provide feedback or suggestions (“Feedback”), you assign to the Company all rights in such Feedback and agree we may use it without restriction. Feedback is treated as non-confidential and non-proprietary.

10. Assumption of Risk

Information on or through the Services is for general information purposes only. We do not warrant accuracy or completeness. Any reliance is at your own risk.

11. Privacy

For information about how we collect, use, and share your information, please review our Privacy Policy on 88degreesenterprises.com.

SMS Note: All text messaging originator opt-in data and consent information will not be shared with any third parties, excluding aggregators and providers necessary to deliver the SMS service. Your mobile information will not be shared with third parties or affiliates for marketing or promotional purposes.

12. White-Labeled HighLevel CRM Services

12.1 Third-Party Platform

We provide white-labeled HighLevel CRM services to our clients. You acknowledge HighLevel CRM is a third-party platform. The underlying software and infrastructure are owned and operated by GoHighLevel.

12.2 Limitation of Liability

We are not responsible for outages, breaches, feature changes, data loss, or other issues occurring within the HighLevel platform.

12.3 Support for Platform Issues

For core platform issues, you may need to contact GoHighLevel directly at gohighlevel.com.

12.4 Data Processing

When using our white-labeled HighLevel CRM services, your data may be processed under GoHighLevel’s own policies in addition to ours.

12.5 Service Continuity

We cannot guarantee continued availability of HighLevel features or service.

12.6 Acceptance of Risk

By using white-labeled HighLevel CRM services, you accept all risks associated with third-party platform dependency and agree to hold us harmless for issues arising from GoHighLevel’s platform or decisions.

13. AI Technologies and Services

13.1 AI-Powered Features

Our Services may include AI technologies, including text/voice agents, analytics, automation, QA systems, and speech-to-text capabilities.

13.2 Your Interactions with AI Systems

By using AI features, you acknowledge that:

You may interact with automated systems rather than humans

AI responses are algorithmically generated

AI may analyze patterns to provide personalized services

You can request human intervention where available

13.3 Data Collection for AI Systems

AI systems may collect and process:

Text inputs/outputs

Voice recordings (if voice-enabled features are used)

Usage patterns and preferences

Content you create or share

Technical data about your use of the Services

All such processing is subject to our Privacy Policy.

13.4 AI Training and Improvement

We may use interaction data to improve our AI systems, subject to:

Anonymization/aggregation where possible

Security safeguards

No use of confidential business information for training without explicit consent

You can opt out of AI training usage (where feasible) by contacting [email protected].

13.5 AI-Generated Content

We do not guarantee accuracy of AI outputs. You are responsible for reviewing AI-generated content before use. AI content is not professional advice (legal, medical, financial, etc.). We may moderate and remove AI-generated content that violates policies or law.

13.6 AI Voice Technologies

When using AI voice features:

Voice recordings may be processed to deliver services and improve systems

You will be notified before recording begins

Voice may be transcribed

Security measures protect voice data

You may request deletion by contacting [email protected]

13.7 Intellectual Property for AI-Generated Content

The Company retains IP in the AI systems. For AI-generated content produced from your inputs, you receive a non-exclusive, worldwide, royalty-free license to use the output for your business purposes. You may not claim ownership of underlying AI models. We may generate similar content for other users. You are responsible for ensuring your use does not infringe third-party rights.

13.8 AI Usage Limitations

You agree not to use AI to:

Violate law or Content Standards

Create misleading synthetic media without disclosure

Impersonate individuals without consent

Spam or harass

Attempt to extract proprietary model details or training data

Build competing systems using our AI services

13.9 Transparency and Human Oversight

We aim for responsible AI use including disclosure, human oversight, safety testing, reporting mechanisms, and options to request human help where available.

13.10 Changes to AI Technologies

AI features evolve. We may modify or discontinue AI features, alter processing approaches, introduce restrictions, and adjust pricing. Significant changes may be communicated through these Terms or direct notice.

13.11 Third-Party AI Technologies

Some AI features may use third-party providers. Your data may be processed under both our terms and the provider’s terms. We are not responsible for changes caused by third-party providers.

13.12 Assumption of Risk for AI Technologies

AI may be inaccurate or unpredictable. You accept that AI can produce errors and agree to use judgment and caution.

14. Termination

14.1 Termination

We may suspend or terminate access at any time, for any reason, including breach of this Agreement. Upon termination, your right to use the Services ceases immediately. If you have an account, you may terminate by contacting the Company.

14.2 Effect of Termination

Provisions that should survive termination remain in effect, including IP, warranty disclaimers, and limitation of liability. Termination may result in deletion of User Content associated with your account.

15. No Warranty

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE SERVICE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS; IF REQUIRED, WARRANTIES ARE LIMITED TO NINETY (90) DAYS FROM FIRST USE.

16. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY OR (B) $100.

17. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates from claims arising out of your breach of this Agreement, your misuse of the Services, or your User Content.

18. Disputes

18.1 Governing Law

This Agreement is governed by the laws of the State of North Carolina, without regard to conflict of law rules.

18.2 Dispute Resolution and Mandatory Arbitration

BY USING THE SERVICES, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION AND WAIVE THE RIGHT TO TRIAL BY JURY OR CLASS ACTION.

Disputes shall be administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted by a single arbitrator. Arbitration will proceed on an individual basis only.

18.3 Limitation to Time to File Claims

ANY CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER IT ARISES OR IT IS PERMANENTLY BARRED.

19. Miscellaneous

Includes waiver, severability, entire agreement, headings for convenience, no partnership, assignment, export laws, force majeure, compliance with laws, and no third-party beneficiaries.

20. SMS/Text Messages

20.1 SMS Program Description

Our SMS program may include appointment reminders, events, receipts, customer service updates, and promotional messages when you opt in. Message frequency varies.

20.2 Opting Out

Text “STOP” to the number provided to opt out. You will receive confirmation and then no further messages.

20.3 Help and Support

Reply “HELP” or email [email protected].

20.4 Carrier Liability

Carriers are not liable for delayed or undelivered messages.

20.5 Message and Data Rates

Message and data rates may apply.

20.6 Recurring Messages Disclosure

By opting in, you authorize recurring texts. Consent is not a condition of purchase.

20.7 Prohibited Content

Our SMS messages will not contain phishing, illegal content, or prohibited content that violates applicable law.

20.8 SMS Opt-In Data Protection

All text messaging originator opt-in data and consent information will not be shared with any third parties, excluding aggregators/providers necessary to deliver the SMS service. Your mobile information will not be shared with third parties or affiliates for marketing/promotional purposes.

20.9 Privacy for SMS Services

Refer to our Privacy Policy on 88degreesenterprises.com.

21. Additional Protections and Liability Waivers

21.1 Data Security Standards

We implement reasonable security measures, but cannot guarantee absolute security.

21.2 Service Level Commitment

We strive to maintain uptime but do not guarantee uninterrupted access.

21.3 Refund Policy

Unless otherwise specified at purchase, all sales are final and non-refundable unless granted at the Company’s sole discretion.

21.4 Account Information Updates

You are responsible for keeping your account information current.

21.5 Reservation of Rights

All rights not expressly granted are reserved.

21.6 Waiver of Right to Sue

BY PURCHASING OR USING OUR SERVICES, YOU AGREE TO ARBITRATION AND WAIVE THE RIGHT TO SUE IN COURT OR PARTICIPATE IN A CLASS ACTION, AS DESCRIBED IN SECTION 18.2.

21.7 Protection Against Vexatious Litigation

You agree not to bring frivolous claims and agree the Company may recover fees and costs where permitted by law.

21.8 Covenant Not to Sue

You agree not to file claims in court except as otherwise required by applicable law and consistent with the arbitration provisions herein.

21.9 Acknowledgment

By using the Services, you acknowledge you have read, understood, and agree to be bound by this Agreement.

22. Contact Information

All notices of copyright infringement claims should be sent to the designated copyright agent in Section 8. All other communications relating to the Services should be directed to:

88 Degrees Enterprises LLC
5117 Sun Coast Dr.
Wilmington, NC 28411
Email: [email protected]
Website: https://88degreesenterprises.com