I suspect CineStill is being mindful of the conditions under which amateur photographers operate. With C41, it's better to err slightly on the side of overdevelopment rather than underdevelopment. There are many factors that can cause temperature loss after reaching 38C. Add to that issues like slightly inaccurate thermometers, developer that may not be perfectly fresh, insufficient agitation, etc. I think they are just playing it safe -- experience has probably taught them that in most cases where users complain about underdevelopment, it was caused by the actual temperature being below 38C. It's a very different approach from Kodak and Fuji who specify 37.8C +/- 0.1 because they cater mainly for professional use where there is more accurate control of the process and absolute consistency of results is important.
I am pretty sure that if you follow CineStill's instructions and aim for 39C you'll be fine. Just try and keep your workflow as consistent as possible.