88Pilot Terms of Service
Effective Date: 9-17-2026 • Last Updated: 9-17-2026
These Terms of Service ("Terms") are a binding agreement between 88 Pilot ("88Pilot," "we," "us," or "our") and the entity or individual accessing or using the 88Pilot platform at 88pilot.com and related applications (the "Service") ("you," "Customer"). By creating an account, clicking "I Agree," or otherwise accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.
If you do not agree to these Terms, do not access or use the Service.
1. THE SERVICE IS NOT LEGAL ADVICE — READ THIS SECTION CAREFULLY
88Pilot is a software platform, not a law firm. Nothing provided through the Service constitutes legal advice, and no attorney-client relationship is created by your use of the Service, the AI Co-Pilot, the AI Policy Co-Author, or any generated document, template, alert, risk score, or audit output.
All AI-generated content — including Compliance Health Scores, regulatory alerts, policy drafts, audit analyses, and AI Co-Pilot responses — is generated using automated systems and statutory reference data, and may contain errors, omissions, or outdated information.
Attorney-vetted templates and regulatory intelligence reflect a general review process at the time of publication and do not account for your organization's specific facts, circumstances, or subsequent legal developments unless and until reviewed directly by counsel through the "Ask an Attorney" escalation feature.
An attorney-client relationship is formed only with respect to a specific engagement expressly accepted by a licensed attorney through the Legal Ticket / attorney escalation workflow, and only to the extent stated in that attorney's engagement communication — never through general use of the Service.
You remain solely responsible for your organization's compliance with applicable federal, state, and local law. 88Pilot does not guarantee compliance, does not guarantee any particular outcome in a regulatory inspection, audit, or legal proceeding, and does not assume your organization's legal or statutory obligations.
You should consult a licensed attorney in the relevant jurisdiction before relying on any output of the Service for a legal decision with material consequences.
2. Eligibility and Accounts
- You must be at least 18 years old and able to form a binding contract to use the Service.
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- You must provide accurate registration and organization scope information. Compliance recommendations, audit modules, and regulatory alerts are only as accurate as the scope information (jurisdictions, headcount, industry, worker classifications, etc.) you provide.
- Admin users may invite, manage, and remove Member accounts within the Customer's organization; the Customer is responsible for all actions taken by users under its account.
3. Subscription Plans, Fees, and Payment
The Service is offered under Starter, Pro, Business, and Enterprise subscription tiers, each with specified usage limits (seats, monitored employees, AI queries, policy drafts, jurisdictions, and other features), as described on our pricing page.
Fees are billed in advance on a monthly or annual basis, as selected at signup, and are non-refundable except as required by law or expressly stated in an applicable order form.
We may change subscription pricing prospectively upon reasonable notice; continued use after a price change takes effect constitutes acceptance.
Exceeding a plan's usage limits (e.g., monitored employees, AI queries) may require an upgrade to a higher tier to continue full functionality.
Free Trials: Starter, Pro and Business tiers may be offered with a 14-day free trial. We may require payment information at trial signup and will begin billing automatically at the end of the trial unless you cancel before it ends.
Cancellation: You may cancel at any time through the Subscription page. Upon cancellation, your data will be retained for 90 days to permit export or reactivation, after which it may be deleted, consistent with our Privacy Policy.
4. Customer Data and Content
4.1 Ownership
As between you and 88Pilot, you retain all rights to the data, documents, and content you or your organization submit to the Service, including Workforce Data, uploaded Knowledge Base documents, and policy drafts ("Customer Content").
4.2 License to Us
You grant 88Pilot a limited, worldwide, non-exclusive license to host, process, transmit, and display Customer Content solely as necessary to provide, maintain, and improve the Service for your organization, consistent with our Privacy Policy. We do not use your Customer Content to train general-purpose or cross-customer AI models, and your Knowledge Base embeddings remain isolated to your organization.
4.3 Your Responsibilities
You represent that you have all necessary rights and consents to submit Workforce Data and Customer Content to the Service, including any consents required from your employees under applicable law, and that such submission does not violate any third party's rights.
4.4 HRIS and Third-Party Integrations
Where you connect a third-party integration (e.g., BambooHR, Google Workspace, Slack), you authorize 88Pilot to access and sync data made available through that integration consistent with the permissions you grant. We are not responsible for the accuracy, availability, or practices of third-party platforms.
5. Acceptable Use
You agree not to:
- Use the Service to violate any applicable law, or to circumvent statutory obligations owed to your employees;
- Reverse engineer, decompile, or attempt to extract source code or underlying models from the Service;
- Use automated means to scrape or extract data from the Service outside of provided export functionality;
- Resell, sublicense, or provide access to the Service to any third party outside your own organization without our written consent;
- Upload content that infringes third-party intellectual property rights or contains malicious code;
- Use the AI Co-Pilot or generated documents as a substitute for required legal review in high-stakes matters (e.g., active litigation, regulatory enforcement actions) without attorney escalation.
We reserve the right to suspend or terminate accounts that violate this Section.
6. Attorney Escalation Services
The "Ask an Attorney" and document redline review features connect you with independent, licensed Labor and Employment Counsel in the 88Pilot attorney network. These attorneys may be independent contractors or affiliated firms, not employees of 88Pilot. 88Pilot facilitates the connection but is not itself providing the legal services rendered by such attorneys, and separate engagement terms, fee arrangements (if any beyond your subscription), and professional responsibility rules govern that relationship. Service Level Agreement ("SLA") response windows for attorney review are targets, not guarantees, and may vary based on matter complexity and attorney availability.
7. Intellectual Property
88Pilot retains all right, title, and interest in and to the Service, including the underlying software, statutory knowledge database, AI models, templates (prior to your customization), user interface, and all improvements, excluding your Customer Content.
Attorney-drafted statutory document templates provided through the Statutory Document Catalog are licensed to you for use within your own organization and may not be resold or redistributed as standalone templates to third parties.
Feedback you provide about the Service may be used by us without restriction or compensation to you.
8. Confidentiality
Each party may receive confidential information of the other (including Customer Content, Workforce Data, and non-public information about the Service). Each party agrees to use the other's confidential information solely to perform its obligations under these Terms and to protect it with at least the same degree of care it uses for its own confidential information, but no less than reasonable care.
9. Disclaimers
EXCEPT AS EXPRESSLY STATED IN A SEPARATE WRITTEN AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
WITHOUT LIMITING THE FOREGOING, 88PILOT DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) AI-GENERATED CONTENT, REGULATORY ALERTS, RISK SCORES, OR POLICY DRAFTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR SPECIFIC LEGAL SITUATION; OR (C) USE OF THE SERVICE WILL PREVENT REGULATORY FINES, PENALTIES, LITIGATION, OR ADVERSE AUDIT FINDINGS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) 88PILOT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO 88PILOT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
This limitation applies in particular to any claim arising from reliance on AI-generated compliance guidance, regulatory alerts, policy drafts, or audit results that were not separately reviewed and approved by a licensed attorney through the attorney escalation workflow. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless 88Pilot and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service in violation of these Terms or applicable law; (b) Customer Content or Workforce Data you submit; or (c) your failure to obtain necessary employee consents for data submitted to the Service.
12. Term, Suspension, and Termination
These Terms remain in effect for as long as you maintain an account or subscription.
We may suspend or terminate your access immediately for breach of these Terms, non-payment, or conduct that poses a security or legal risk to 88Pilot or other customers.
Upon termination, your right to access the Service ends, subject to the data retention and export terms described in our Privacy Policy.
Sections that by their nature should survive termination (including Sections 1, 4.1, 7, 8, 9, 10, 11, and 14) will survive.
13. Changes to the Service and These Terms
We may modify the Service or these Terms from time to time. Material changes to these Terms will be communicated via email or in-app notice to account administrators, and will take effect on the date specified in that notice. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
14. Dispute Resolution — Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
14.1 Agreement to Arbitrate
Except for disputes eligible for small claims court or claims for injunctive relief to protect intellectual property or confidential information, you and 88Pilot agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding, individual arbitration, rather than in court, except as set forth below.
14.2 Class Action Waiver
YOU AND 88PILOT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of a representative or class proceeding.
14.3 Arbitration Procedure
Arbitration will be administered by a recognized arbitration organization (e.g., the American Arbitration Association) under its commercial arbitration rules then in effect, before a single arbitrator, with the arbitration seated in State of Delaware. Judgment on the arbitration award may be entered in any court having jurisdiction.
14.4 Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles, and, to the extent arbitration does not apply, the state and federal courts located in Delaware will have exclusive jurisdiction over any dispute.
15. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy and any applicable order form or DPA, constitute the entire agreement between you and 88Pilot regarding the Service.
- Assignment: You may not assign these Terms without our written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
- No Waiver: Failure to enforce any provision is not a waiver of that provision.
- Force Majeure: Neither party is liable for delay or failure to perform due to causes beyond its reasonable control.
16. Contact Us
88 Pilot Email:
support@88pilot.com