OpenCMO Terms of Service

OpenCMO is built for founders and teams that want a supervised marketing operating system for market radar, campaign drafts, approvals, analytics, and CMO-style briefs.

OpenCMO is offered as a free public beta. Anyone may create a workspace; some capacity limits, usage limits, and features may change while the beta matures.

Alongside the free plan, OpenCMO offers paid subscription tiers (Intern, Assistant, Manager, and CMO) with higher credit, run, and market-radar limits. Current plans and prices are listed on the pricing page; the Billing section below explains how paid subscriptions work.

The public beta is free of charge. Beta features are provided as-is, may change or be withdrawn, and carry usage limits (credits, runs, and daily model-call caps) to keep the service healthy for everyone.

OpenCMO uses third-party AI models to generate chat answers, campaign drafts, and reports. AI-generated output is provided as-is, can be wrong, incomplete, biased, or unsuitable, and is not professional, legal, financial, or compliance advice. Do not rely on it without independent verification — you must review every draft before using it publicly. Nothing is ever published automatically.

When AI generation is unavailable or rate-limited, OpenCMO serves clearly-labeled deterministic fallback content instead of failing.

You must provide accurate account information, be legally able to enter these Terms, and use OpenCMO for business purposes on behalf of a product or team you are authorized to represent. OpenCMO is not directed at children under 16.

You are responsible for keeping your account secure and for making sure anyone you invite is authorized to work on your product or workspace. Activity under your account is your responsibility until you notify us of unauthorized use.

OpenCMO may suspend or restrict access immediately for abuse, security risk, legal risk, non-payment on paid services, violation of these Terms, or activity that could harm the service or other customers. Where practical, we will tell you why and how to remedy it.

You may stop using OpenCMO and request account deletion at any time (see the Privacy Policy for the deletion path). On termination, your right to use the service ends; sections that by their nature should survive (content responsibility, disclaimers, liability limits, indemnification, dispute resolution) survive.

During the beta, OpenCMO may also throttle, pause, or reset workspaces that exceed usage limits or degrade service health for others.

Founder Sprint work can include product context review, Brand Brain setup, market radar, campaign briefs, draft assets, Studio packs, approval queues, and CMO briefs.

Customer inputs, timely review, and accurate product information are required for useful output. Delayed inputs may move delivery timelines.

The free plan requires no card and is never charged. Paid subscriptions (Intern, Assistant, Manager, CMO — monthly or discounted annual) are billed through Stripe Checkout: payment details go directly to Stripe, and OpenCMO never receives or stores card numbers. OpenCMO receives subscription status and plan metadata from Stripe to unlock your plan's limits.

While public billing is being rolled out, checkout may not yet be open for every workspace. Where checkout is not open, nothing is charged and the free-beta terms apply.

You can manage or cancel a subscription at any time from the billing portal in Settings. Cancellation stops future renewals; paid access normally continues through the period already paid, after which the workspace returns to the free plan. If a renewal payment fails, OpenCMO keeps paid access for a short grace period while Stripe retries the charge before the subscription ends.

Partial-period refunds are not automatic unless required by law, caused by a duplicate charge, billing error, or service failure.

Founder Sprint customers can cancel for a full refund before kickoff or before meaningful delivery work begins. After kickoff, refunds are reviewed case by case and may be prorated for undelivered work. Completed strategy work, delivered campaign packs, onboarding sessions, CMO briefs, reports, or other completed services are not automatically refundable.

Billing and refund requests should be sent to yuhua@opencmo.ai (or yuhua21223@gmail.com).

Do not use OpenCMO to publish without review, send unauthorized direct messages or spam, scrape behind logins, bypass anti-bot controls, buy ads without approval, impersonate others, infringe intellectual-property or privacy rights, or generate illegal, deceptive, hateful, or harmful content.

Do not probe, overload, or attempt to breach the service or other workspaces; do not evade usage limits, share access to circumvent caps, resell the beta, or use output to build a directly competing dataset or service.

OpenCMO is approval-led. Drafts and recommendations should be reviewed by a human before they are used publicly. We may remove content or restrict accounts that violate this section.

You retain ownership of the product information, brand context, links, files, prompts, and other materials you provide. You grant OpenCMO a limited, non-exclusive license to host, process, sanitize, and transmit that content solely to operate and improve the service for you — including sending sanitized context server-side to our AI inference providers to generate your drafts.

As between you and OpenCMO, you own the campaign drafts, reports, and other output generated for your workspace, and you are responsible for reviewing accuracy, originality, claims, compliance, and suitability before using it publicly. Similar or identical output may be generated for other customers, and third-party model providers' terms may apply to model-generated text.

If you send feedback or suggestions, OpenCMO may use them without restriction or obligation.

Support, billing, security, deletion, and export requests should be sent to yuhua@opencmo.ai (or yuhua21223@gmail.com) — the second address is a fallback if the first does not get a response.

OpenCMO aims to provide a first response within 24 hours while the product is founder-led.

OPENCMO IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

Without limiting the above: AI-generated output may contain errors or omissions and is not a substitute for professional judgment; beta features may change or be withdrawn; and third-party providers (hosting, database, AI inference, analytics) may experience outages outside OpenCMO's control.

Some jurisdictions do not allow certain warranty exclusions; where that applies, exclusions apply to the maximum extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENCMO AND ITS FOUNDER, CONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING FROM OR RELATED TO THE SERVICE OR AI-GENERATED OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENCMO'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) ONE HUNDRED US DOLLARS (US$100) OR (B) THE AMOUNTS YOU PAID OPENCMO FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (WHICH, DURING THE FREE BETA, MAY BE ZERO).

Nothing in these Terms limits liability that cannot be limited by law (for example, liability arising from fraud, willful misconduct, or where consumer law grants non-waivable rights).

You will defend and indemnify OpenCMO against third-party claims, damages, and reasonable costs (including attorneys' fees) arising from: content you provide; your public use of AI-generated output without adequate review; your violation of these Terms or applicable law; or your infringement of third-party rights.

OpenCMO will notify you promptly of any such claim and may participate in the defense with its own counsel at its own expense.

These Terms are governed by the laws of the State of California, USA, excluding its conflict-of-law rules. Exclusive venue for disputes is the state or federal courts located in San Francisco County, California, and both parties consent to personal jurisdiction there. Small-claims court and non-waivable local consumer rights are preserved.

Before filing any claim, you agree to email a written description of the dispute to the support address below and give OpenCMO 30 days to work toward an informal resolution.

Any claim must be brought within one year after it accrues, to the extent permitted by law. If any provision of these Terms is unenforceable, the rest remains in effect; these Terms plus referenced policies are the entire agreement about the service.

OpenCMO may update these Terms as the product moves from free beta to paid public SaaS. Material changes should be reflected on this page with an updated date; continued use after changes means acceptance.

These Terms are maintained by the founder to accurately describe the product, and a professional legal review is recommended before real-money billing opens. These Terms do not eliminate all risk, and OpenCMO does not represent that they provide complete protection in every situation.