TERMS OF SERVICE
These WindWeaver Platform Terms of Service (these "Terms") are a legal agreement between WindWeaver Solutions LLC, an Alabama limited liability company ("WindWeaver," "we," "us," or "our"), and the business, organization, individual, or other person that creates an account, accepts an order, pays an invoice, checks an acceptance box, signs an estimate, or otherwise uses the Services ("Customer," "you," or "your").
These Terms govern access to and use of WindWeaver's managed business software platform and related services, including hosting, subscriptions, configuration, implementation, support, add-on packages, integrations, communications tools, document workflow tools, data migration, training, maintenance, customizations, and other platform-related services that Customer orders or uses (collectively, the "Services").
These Terms do not automatically govern one-time repair, consulting, device service, data recovery, or other non-platform work unless the applicable estimate, invoice, order, or service description says that these Terms apply. WindWeaver may use separate, shorter work authorizations for those services.
By creating an account, starting a demo, checking an acceptance box, approving an estimate, signing an order, paying an invoice, clicking a button that indicates agreement, or using the Services, Customer agrees to these Terms. If the person accepting these Terms does so for a company or other organization, that person represents that he or she has authority to bind that company or organization.
1. Definitions
"Account" means the account, database, tenant, workspace, subscription, portal, or other environment through which Customer accesses the Services.
"Authorized User" means Customer's owners, employees, contractors, agents, customers, vendors, or other users that Customer authorizes to access the Account or Services.
"Customer Data" means data, records, files, content, documents, contacts, messages, transaction information, configurations specific to Customer's business, and other information submitted to or stored in the Services by or for Customer, excluding WindWeaver Technology and general platform analytics.
"Order" means any checkout selection, subscription, order form, accepted estimate, invoice, proposal, statement of work, service description, add-on selection, written approval, or other ordering document or ordering flow that identifies Services, fees, plans, deliverables, or other business terms.
"Platform" means the managed software environment, business applications, hosted systems, modules, workflows, portals, infrastructure, and related technology made available by WindWeaver as part of the Services.
"Professional Services" means implementation, setup, configuration, customization, data migration, training, integration, consulting, reporting, automation, development, support, maintenance, troubleshooting, and similar services performed by WindWeaver in connection with the Platform.
"Third-Party Services" means software, platforms, APIs, hosting providers, payment processors, banks, email providers, SMS or voice providers, document tools, domain or DNS providers, accounting systems, app marketplaces, AI providers, shipping providers, tax systems, or other products or services not owned by WindWeaver but used with, connected to, or relied upon by the Services.
"WindWeaver Technology" means the Platform, service methods, software, scripts, templates, automations, documentation, designs, workflows, know-how, reusable configurations, code, business processes, internal tools, and other materials owned, licensed, developed, or used by WindWeaver, excluding Customer Data.
2. Account Creation, Electronic Acceptance, and Authority
Customer may accept these Terms electronically. Electronic acceptance has the same intended effect as a handwritten signature to the fullest extent permitted by applicable law.
Customer agrees that WindWeaver may provide notices, invoices, service records, updates, and other communications electronically by email, portal notice, account dashboard notice, website notice, invoice notice, or other reasonable electronic method.
WindWeaver may keep records showing the date, time, email address, user account, IP address, device information, order number, invoice number, Terms version, and other acceptance details associated with Customer's acceptance. Customer agrees that such records may be used to show acceptance and authority.
The person accepting these Terms represents that all registration, billing, business, tax, contact, and account information provided to WindWeaver is accurate and that Customer will keep it current.
If Customer begins with demo, trial, preview, sandbox, or evaluation access, these Terms apply to that access unless WindWeaver states otherwise. Demo or trial access may be limited, modified, suspended, or terminated at any time.
3. Orders, Service Descriptions, and Future Add-Ons
The specific Services, prices, plan limits, support level, onboarding scope, deliverables, subscription term, and billing terms for Customer will be stated in the applicable Order. Each Order accepted by Customer is incorporated into and governed by these Terms.
Customer may add or change Services through checkout, portal selection, written approval, email approval if accepted by WindWeaver, accepted estimate, paid invoice, signed order, or another ordering method made available by WindWeaver. Unless a new written agreement is required by WindWeaver, additional platform-related Services are governed by these Terms without requiring Customer to sign a separate contract.
Website descriptions, marketing pages, demonstrations, screenshots, feature lists, package names, and proposals describe available or possible functionality. They do not mean that every feature is included in Customer's plan unless included in the applicable Order.
If there is a conflict between these Terms and an Order, the Order controls only for the specific Services, dates, fees, or deliverables in that Order. These Terms control all other issues.
4. Access to the Platform
Subject to Customer's compliance with these Terms and timely payment of applicable fees, WindWeaver grants Customer a limited, non-exclusive, non-transferable, revocable right during the subscription term to access and use the Platform for Customer's internal business purposes.
Customer does not receive ownership of the Platform, WindWeaver Technology, Third-Party Services, open-source components, infrastructure, databases, source code, reusable templates, or service methods unless an Order expressly says otherwise.
Customer is responsible for all activity in the Account and for all actions of Authorized Users. Customer must use reasonable efforts to prevent unauthorized access, protect login credentials, remove users who no longer need access, and notify WindWeaver promptly of suspected unauthorized access.
Customer may not share user credentials except as allowed by WindWeaver, resell the Services, use the Services to provide a competing managed platform, reverse engineer the Services, bypass usage limits, probe or test security without written permission, scrape the Platform, upload malware, or use the Services in a way that harms WindWeaver, other customers, infrastructure, deliverability, or Third-Party Services.
5. Customer Responsibilities
Customer is responsible for its own business operations and for deciding whether the Services are appropriate for Customer's business, industry, customers, records, workflows, and legal obligations.
Customer is responsible for reviewing and approving settings, workflows, automations, invoices, estimates, forms, reports, tax settings, message templates, document templates, payment settings, accounting-related records, imported data, and other outputs before relying on them or sending them to third parties.
Customer must provide timely access, credentials, content, data, approvals, decisions, feedback, contact information, and cooperation needed for WindWeaver to provide the Services. Delays caused by Customer may extend timelines and may result in additional fees.
Customer is responsible for obtaining and maintaining any licenses, permits, tax registrations, insurance, customer consents, user permissions, professional approvals, and third-party accounts required for Customer's business.
Customer must not store or submit data that Customer is not legally allowed to provide to WindWeaver or process through the Services. Customer remains responsible for the accuracy, quality, legality, and use of Customer Data.
6. Professional Services, Implementation, and Change Requests
Professional Services will be performed according to the applicable Order. If the Order does not specify a detailed scope, WindWeaver will perform the Professional Services in a commercially reasonable manner based on the service description, communications between the parties, and information provided by Customer.
Unless included in the Order, Professional Services do not include unlimited development, bookkeeping cleanup, accounting reconstruction, tax preparation, legal drafting, payroll compliance, industry licensing advice, cybersecurity certification, data entry, manual document review, custom reporting, integration maintenance, or support for unsupported third-party modifications.
Work outside the applicable Order is out of scope and may require a new Order, approval, prepayment, subscription change, or hourly billing. WindWeaver may treat Customer requests made by an authorized contact through email, portal, chat, message, ticket, meeting, or phone as authorization to perform billable work if the work is reasonably related to the Account or requested Services.
Unless an Order says otherwise, deliverables are considered accepted when Customer approves them, uses them in production, pays the related invoice, or fails to provide a written rejection with specific issues within 5 business days after delivery or notice that the work is ready for review.
WindWeaver may reuse general knowledge, ideas, methods, code, templates, scripts, configurations, workflows, troubleshooting steps, documentation, and tools developed or learned while providing Services, provided that WindWeaver does not disclose Customer's Confidential Information or Customer Data except as permitted by these Terms.
7. Fees, Billing, Taxes, and Payment
Customer agrees to pay all fees stated in the applicable Order. Fees may include setup fees, subscription fees, support fees, add-on fees, usage-based fees, hourly fees, emergency fees, integration fees, data migration fees, pass-through costs, third-party fees, taxes, and other charges identified in an Order.
Subscriptions renew automatically for the billing period stated in the Order unless cancelled according to these Terms or the Order. Customer authorizes WindWeaver and its payment providers to charge Customer's payment method for recurring fees and approved charges.
Fees are non-refundable except as expressly stated in the applicable Order or required by law. Setup, onboarding, implementation, custom work, data migration, emergency work, and professional service fees are not refundable once work begins unless WindWeaver agrees in writing.
Customer is responsible for taxes, duties, governmental charges, bank fees, card fees, payment processor fees, and third-party fees associated with the Services, other than taxes based on WindWeaver's net income.
If payment fails or amounts are overdue, WindWeaver may charge late fees of 1.5% per month or the maximum amount allowed by law, whichever is less], suspend or limit Services, stop work, require prepayment, disable add-ons, withhold deliverables, or terminate the Account. Suspension does not waive amounts owed.
Customer must raise billing disputes in writing within 15 days after the invoice date. Undisputed amounts remain due. Chargebacks, returned payments, or payment reversals may result in suspension and additional fees.
8. Hosting, Availability, Maintenance, and Backups
WindWeaver provides the Platform using commercially reasonable hosting, infrastructure, backup, monitoring, and maintenance practices appropriate for the Services purchased. WindWeaver does not guarantee uninterrupted, error-free, or completely secure operation unless a specific written service level agreement is included in the applicable Order.
Scheduled maintenance, emergency maintenance, updates, security work, infrastructure changes, provider changes, power or network issues, internet routing issues, DNS issues, third-party outages, carrier filtering, API limits, malicious activity, excessive usage, and events outside WindWeaver's reasonable control may affect availability or performance.
Backups are maintained for WindWeaver's disaster recovery and operational purposes. Backups are not a substitute for Customer's own review, record retention, export, legal archiving, or business continuity planning. WindWeaver does not guarantee that any particular file, message, transaction, attachment, or record can be restored unless the applicable Order expressly provides a restore commitment.
WindWeaver may change hosting providers, infrastructure providers, storage methods, backup methods, security tools, and operational processes without Customer approval, provided that the Services remain substantially similar in overall purpose.
WindWeaver may apply security updates, patches, configuration changes, and emergency changes without advance notice when WindWeaver reasonably believes they are needed to protect the Services, Customer Data, other customers, infrastructure, legal compliance, or Third-Party Services.
9. Support and Managed Services
Support is provided according to the applicable Order, plan, or service description. Support may include troubleshooting, questions, configuration help, bug investigation, minor adjustments, user guidance, and reasonable assistance with supported platform functions.
Unless included in the applicable Order, support does not include new features, custom development, custom reports, integration rebuilds, data cleanup, data entry, accounting cleanup, legal review, tax review, training of unlimited users, third-party account support, unsupported modifications, or work caused by Customer's misuse, third-party outages, provider policy changes, or customer-controlled account changes.
WindWeaver may prioritize issues based on severity, business impact, security risk, availability of information, Customer cooperation, and the support level purchased. Response targets are goals, not guarantees, unless a written Order expressly says otherwise.
Customer must provide reasonable cooperation, screenshots, error messages, sample records, affected users, relevant dates, steps to reproduce, and access needed to investigate support requests.
Emergency or after-hours support may be billable at WindWeaver's then-current rates unless included in the applicable Order.
10. Customer Data, Privacy, and Data Use
As between Customer and WindWeaver, Customer owns Customer Data. WindWeaver does not claim ownership of Customer Data.
Customer grants WindWeaver the rights and permissions needed to host, process, transmit, copy, display, back up, access, modify, troubleshoot, analyze, secure, migrate, support, and otherwise use Customer Data as necessary to provide, maintain, secure, bill for, improve, and support the Services; comply with law; enforce these Terms; and prevent harm.
WindWeaver may use aggregated, anonymized, or de-identified information derived from use of the Services for analytics, security, product improvement, capacity planning, benchmarking, and business operations, provided that such information does not identify Customer or Customer's customers.
WindWeaver's privacy practices for website visitors, account users, and individuals are described in the WindWeaver Privacy Policy at https://windweaversolutions.com/privacy. Customer is responsible for providing its own privacy notices to its customers, employees, vendors, and other individuals when required.
Customer must not submit regulated, restricted, or unusually sensitive information unless the applicable Order permits it and appropriate safeguards are in place. Unless WindWeaver agrees in writing, the Services are not intended for protected health information subject to HIPAA, full payment card numbers or CVV codes, government-issued identity numbers used for identity theft, children's personal information, bank login credentials, criminal justice information, export-controlled technical data, or other high-risk regulated data.
Payment card information should be entered only into approved payment processor fields or interfaces, not into notes, documents, messages, attachments, screenshots, or free-text fields.
11. Security and Security Incidents
WindWeaver will use commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data under WindWeaver's control against unauthorized access, use, disclosure, alteration, or destruction. Security is a shared responsibility and no system can be guaranteed to be perfectly secure.
Customer is responsible for managing Authorized Users, permissions, passwords, MFA settings where available, endpoint security, device security, network security, business processes, employee training, and the legality of data and messages submitted to the Services.
Customer must promptly notify WindWeaver of suspected unauthorized access, compromised credentials, suspicious messages, security incidents, malware, misuse, or vulnerabilities affecting the Account or Services.
If WindWeaver confirms a security incident involving unauthorized access to Customer Data under WindWeaver's control, WindWeaver will notify Customer without unreasonable delay and as required by applicable law. WindWeaver will provide information reasonably available to WindWeaver to help Customer assess the incident and comply with Customer's legal obligations.
Unless applicable law or an Order says otherwise, Customer is responsible for notices to Customer's customers, employees, vendors, regulators, or other individuals arising from Customer's data, business, industry, or use of the Services. WindWeaver may cooperate with Customer at Customer's reasonable expense unless the incident was caused by WindWeaver's breach of these Terms.
Customer may not conduct penetration tests, vulnerability scans, load tests, phishing tests, or security assessments of the Services without WindWeaver's prior written approval.
12. Third-Party Services and Account Access
The Services may connect to or rely on Third-Party Services. Third-Party Services are governed by their own terms, privacy policies, fees, limits, rules, and availability. WindWeaver is not responsible for Third-Party Services, even if WindWeaver recommends, configures, integrates with, resells, or supports them.
Customer authorizes WindWeaver to access, configure, connect, transmit data to and from, and otherwise interact with Customer's Third-Party Services as reasonably necessary to provide the Services or perform requested work. Customer represents that it has authority to grant such access.
Customer is responsible for third-party account ownership, credentials, MFA, billing, approvals, policies, identity verification, domain ownership, API keys, application approvals, data permissions, and provider compliance requirements unless the applicable Order says otherwise.
Third-Party Services may change, suspend, reject, filter, throttle, limit, discontinue, or break integrations. WindWeaver may charge for work needed to update, repair, replace, reconfigure, or maintain integrations affected by Third-Party Services unless the applicable Order says otherwise.
WindWeaver may store credentials, tokens, keys, secrets, or access information using commercially reasonable methods when needed to provide the Services. Customer should not send passwords or secrets through insecure channels unless instructed by WindWeaver.
13. Communications Services
The Platform may include tools for email, SMS/text messaging, voice, chat, portal messages, reminders, notifications, campaigns, or other communications ("Communications Services"). Customer is responsible for the content, timing, recipients, consent, legality, and business purpose of messages sent through or in connection with the Services.
Customer must obtain and maintain all consents, opt-ins, records, disclosures, and permissions required for messages sent by or on behalf of Customer. Customer must not use purchased, rented, scraped, harvested, shared, or unlawfully obtained contact lists.
Customer must honor opt-out, unsubscribe, STOP, do-not-contact, and similar requests. Customer must not send marketing, promotional, or automated messages unless Customer has the required consent and the applicable Communications Services are configured for that use.
Messages may be blocked, delayed, filtered, rejected, rate-limited, or classified as spam by carriers, email providers, messaging providers, recipients, security tools, or Third-Party Services. WindWeaver does not guarantee delivery, inbox placement, response rates, call completion, or carrier approval.
WindWeaver may suspend or restrict Communications Services if WindWeaver reasonably believes Customer's use creates legal, deliverability, carrier, spam, abuse, security, reputation, or provider-policy risk.
Customer is responsible for fees, registrations, brand/campaign approvals, carrier requirements, email authentication, domain reputation, phone number reputation, and provider requirements associated with Customer's communications unless an Order says otherwise.
14. Document Workflow and Electronic Document Services
The Platform may include tools to create, send, receive, approve, sign, store, route, or manage documents, forms, agreements, estimates, change orders, waivers, acknowledgments, or other records ("Document Workflow Services").
Customer is responsible for document content, legal suitability, required disclosures, signer identity, signer authority, record retention, and determining whether electronic records or signatures are appropriate for a particular transaction.
WindWeaver does not provide legal advice and does not guarantee that any template, clause, form, signature process, approval workflow, audit trail, or document will be legally enforceable, suitable for Customer's industry, or accepted by a court, regulator, customer, lender, insurer, or other third party.
Some documents may require notarization, witnesses, paper originals, special notices, statutory language, consumer disclosures, retention periods, delivery methods, or other formalities outside the Services. Customer is responsible for obtaining legal review where appropriate.
Audit trails, timestamps, IP addresses, email records, portal records, and workflow records may help show process history, but they do not guarantee signer identity, authority, intent, enforceability, or absence of fraud.
15. Accounting, Tax, Legal, Compliance, and Professional Advice Disclaimer
The Services may support invoices, estimates, quotes, payments, accounting-related workflows, taxes, reports, customer records, employee records, vendor records, contracts, reminders, automations, and other business processes. These tools are provided for business workflow support only.
WindWeaver is not a law firm, CPA firm, payroll provider, tax preparer, financial advisor, insurance advisor, compliance consultant, licensing authority, or cybersecurity certification body. WindWeaver does not provide legal, tax, accounting, payroll, HR, financial, insurance, regulatory, licensing, or professional advice unless a separate written agreement expressly says otherwise.
Customer is responsible for reviewing all outputs, consulting qualified professionals, confirming settings, filing taxes, making payments, keeping records, complying with industry rules, and making business decisions. Reports and records depend on Customer Data, configuration, third-party data, user activity, and assumptions selected by Customer.
16. Acceptable Use
Customer and Authorized Users may not use the Services to engage in unlawful, harmful, deceptive, abusive, infringing, fraudulent, harassing, defamatory, obscene, threatening, invasive, or malicious activity.
Customer may not use the Services to send spam, phishing messages, malware, deceptive messages, unlawful marketing, unlawful robocalls or texts, or messages that violate consent, opt-out, carrier, provider, or anti-abuse requirements.
Customer may not upload, transmit, or store content that infringes intellectual property rights, violates privacy rights, contains malware, includes unlawfully obtained data, or creates unreasonable risk to WindWeaver, other customers, infrastructure, providers, or the public.
Customer may not use the Services for unusually high-risk, regulated, hazardous, or abusive activities without WindWeaver's prior written approval. WindWeaver may determine in its reasonable discretion whether a use presents unacceptable legal, security, operational, reputational, or provider risk.
WindWeaver may remove content, disable features, limit usage, suspend messaging, suspend users, or suspend the Account if WindWeaver reasonably believes Customer has violated this section or that action is needed to protect the Services, Customer, WindWeaver, other customers, Third-Party Services, or the public.
17. Open-Source and Third-Party Software
The Platform may include open-source software, community modules, third-party libraries, marketplace apps, commercial software, and other components not owned by WindWeaver. Those components are governed by their own licenses and terms.
Nothing in these Terms is intended to restrict rights Customer may have directly under applicable open-source licenses. Nothing in these Terms transfers ownership of open-source or third-party components to Customer or to WindWeaver.
Certain open-source licenses may require notices, source-code availability, attribution, license text, or other obligations. WindWeaver may provide notices, source-code access, license information, or links when required by applicable licenses or when reasonably requested.
WindWeaver may add, remove, replace, update, modify, or reconfigure open-source or third-party components as part of maintaining the Platform, subject to the applicable Order and these Terms.
Customer may not remove copyright notices, license notices, attribution, trademarks, or proprietary notices from the Platform, documentation, reports, exports, or other materials except where legally permitted.
18. WindWeaver Intellectual Property and Feedback
WindWeaver and its licensors retain all rights, title, and interest in WindWeaver Technology. Except for the limited access rights expressly granted in these Terms, no rights are transferred to Customer.
Unless an Order expressly states that Customer will own a specific deliverable, WindWeaver owns or retains rights in customizations, code, scripts, connectors, reports, templates, workflows, documentation, automations, configuration methods, and other materials created or used by WindWeaver in providing the Services, subject to Customer's ownership of Customer Data and any open-source or third-party license terms.
Customer receives a non-exclusive right to use WindWeaver-created deliverables deployed in Customer's Account during the active subscription for Customer's internal business purposes, subject to these Terms and payment of all applicable fees.
Customer may provide suggestions, ideas, corrections, requests, or feedback. WindWeaver may use feedback without restriction or compensation, provided that WindWeaver does not disclose Customer's Confidential Information or Customer Data except as permitted by these Terms.
WindWeaver may identify Customer as a customer and use Customer's name and logo in customer lists and marketing materials unless Customer opts out in writing.
19. Confidentiality
"Confidential Information" means nonpublic information disclosed by one party to the other that a reasonable person would understand to be confidential, including business records, customer lists, pricing, credentials, technical information, security information, implementation details, trade secrets, nonpublic workflows, and Customer Data.
The receiving party will use Confidential Information only to perform or receive the Services, exercise rights, comply with law, enforce these Terms, or as otherwise permitted by the disclosing party. The receiving party will protect Confidential Information using reasonable care and will not disclose it except to personnel, contractors, advisors, service providers, or legal authorities who have a reasonable need to know and are bound by confidentiality duties or legal obligations.
Confidential Information does not include information that is publicly available through no fault of the receiving party, already known without restriction, independently developed without use of the Confidential Information, or rightfully received from a third party without confidentiality restrictions.
A party may disclose Confidential Information if required by law, subpoena, court order, regulator, or government request, provided that the party gives prompt notice when legally permitted and cooperates in reasonable efforts to limit disclosure.
20. Platform Changes, Updates, and Deprecation
Customer understands that the Platform is a managed and evolving service. WindWeaver may update, improve, patch, change, rename, add, remove, replace, or discontinue features, modules, workflows, interfaces, settings, reports, providers, integrations, and infrastructure from time to time.
WindWeaver will use commercially reasonable efforts to avoid materially reducing core paid functionality during an active subscription term, but Customer acknowledges that changes may be needed for security, legal compliance, provider changes, technical compatibility, performance, supportability, or product improvement.
WindWeaver may deprecate unsupported, outdated, insecure, low-use, high-risk, or provider-dependent functionality. WindWeaver may require Customer to update workflows, configurations, integrations, domains, authentication, or user practices as part of continued use of the Services.
Customer is responsible for reviewing changes, testing important workflows, training users, and reporting issues after updates.
21. Suspension and Restrictions
WindWeaver may suspend, restrict, limit, or disable all or part of the Services, Account, users, integrations, communications, or features if WindWeaver reasonably believes that: Customer has not paid amounts due; Customer has violated these Terms; Customer's use creates legal, security, privacy, infrastructure, abuse, deliverability, provider, or reputational risk; credentials may be compromised; a third-party provider requires suspension; suspension is needed to prevent harm; or suspension is required by law.
WindWeaver will use reasonable efforts to notify Customer of suspension when practical, but may suspend without prior notice when WindWeaver believes immediate action is needed.
Customer remains responsible for fees during suspension unless suspension is caused solely by WindWeaver's uncured material breach. WindWeaver may require payment, remediation, identity verification, security changes, provider approval, or other conditions before restoring access.
22. Term, Cancellation, Termination, and Offboarding
These Terms begin when Customer first accepts them or uses the Services and continue until all Orders, subscriptions, Accounts, and payment obligations have ended.
Customer may cancel subscriptions using the cancellation method stated in the Order or made available by WindWeaver. Unless an Order says otherwise, cancellation takes effect at the end of the then-current billing period and does not entitle Customer to a refund for the current period.
Either party may terminate an Order for material breach if the other party fails to cure the breach within 15 days after written notice. WindWeaver may terminate immediately for nonpayment, unlawful use, security risk, abuse, provider requirement, or conduct that creates material risk to WindWeaver, other customers, or Third-Party Services.
After termination or cancellation, Customer's right to access the Services ends. WindWeaver may retain Customer Data for a limited period for backup, legal, accounting, security, dispute, and operational purposes, and may delete Customer Data after 30 days unless a longer period is required by law or agreed in writing.
Customer should export needed records before cancellation. Upon request and subject to payment of outstanding amounts and applicable export or support fees, WindWeaver may provide commercially reasonable assistance with exporting Customer Data in available formats. WindWeaver is not required to recreate custom workflows, provide database dumps, transfer infrastructure, transfer third-party licenses, or provide transition services unless an Order says otherwise.
Sections that by their nature should survive termination will survive, including payment obligations, confidentiality, intellectual property, data rights needed for wind-down, disclaimers, limitations of liability, indemnity, dispute terms, and general provisions.
23. Disclaimers
The Services are provided on an "as is" and "as available" basis to the fullest extent permitted by law. WindWeaver disclaims all warranties not expressly stated in these Terms or an Order, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted service, error-free operation, data accuracy, or compatibility with every third-party system.
WindWeaver does not guarantee business results, revenue, leads, collections, search ranking, deliverability, tax results, accounting accuracy, legal enforceability, regulatory compliance, customer response, uptime, restoration of every record, or that every issue can be fixed.
Customer's results depend on Customer Data, user behavior, business decisions, third-party services, configurations, customer cooperation, internet access, device security, legal requirements, and many factors outside WindWeaver's control.
24. Limitation of Liability
To the fullest extent permitted by law, WindWeaver will not be liable for indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages; lost profits; lost revenue; lost goodwill; lost business opportunities; business interruption; loss of data; cost of substitute services; third-party service failures; or claims by Customer's customers, vendors, employees, or other third parties, even if WindWeaver has been advised that such damages are possible.
To the fullest extent permitted by law, WindWeaver's total liability arising out of or relating to the Services, these Terms, any Order, or the relationship between the parties will not exceed the amount paid by Customer to WindWeaver for the affected Services during the three months before the event giving rise to liability.
The liability cap applies collectively to all claims, whether based on contract, tort, negligence, strict liability, statute, warranty, indemnity, or any other theory. The limitations in this section apply even if a remedy fails of its essential purpose.
Some laws may not allow certain disclaimers or limitations. In that case, the limitations apply to the maximum extent permitted by law.
25. Customer Indemnity
Customer will defend, indemnify, and hold harmless WindWeaver, its owners, employees, contractors, service providers, and affiliates from and against claims, damages, losses, liabilities, penalties, fines, costs, and expenses, including reasonable attorney fees, arising from or related to: Customer Data; Customer content; Customer's business; Customer's messages, documents, templates, campaigns, or workflows; Customer's violation of law; Customer's violation of these Terms; Customer's use of Third-Party Services; Customer's failure to obtain consent; Customer's infringement or misuse of third-party rights; Customer's users; or Customer's negligence or willful misconduct.
WindWeaver will give Customer reasonable notice of an indemnified claim, allow Customer to control the defense where appropriate, and reasonably cooperate at Customer's expense. Customer may not settle a claim in a way that admits fault by WindWeaver or imposes obligations on WindWeaver without WindWeaver's written consent.
26. Disputes, Governing Law, and Venue
The parties will try in good faith to resolve disputes informally before filing a lawsuit, except for disputes involving nonpayment, confidentiality, intellectual property, security, unauthorized access, or requests for emergency/injunctive relief.
These Terms and any dispute arising out of or relating to the Services are governed by the laws of the State of Alabama, without regard to conflict-of-law rules.
Subject to any arbitration clause that the parties intentionally include, the state and federal courts located in Mobile, Alabama will have exclusive jurisdiction and venue over disputes arising out of or relating to these Terms or the Services, and the parties consent to that jurisdiction and venue.
The parties waive the right to a jury trial to the fullest extent permitted by law.
Customer may bring claims only on its own behalf and not as a plaintiff or class member in a class, collective, consolidated, or representative action.
The prevailing party in an action to collect unpaid amounts or enforce these Terms may recover reasonable attorney fees, court costs, and collection costs to the extent permitted by law.
27. Changes to These Terms
WindWeaver may update these Terms from time to time. Updated Terms will be posted on WindWeaver's website, in the Platform, or otherwise made available electronically. WindWeaver may also notify Customer by email, invoice notice, account notice, checkout notice, or other reasonable method.
Unless a later effective date is stated, updated Terms become effective when posted or made available. For material changes, WindWeaver will use reasonable efforts to provide advance notice when practical.
Customer's continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms. If Customer does not agree to updated Terms, Customer must stop using the Services and cancel according to the applicable Order.
WindWeaver may require affirmative re-acceptance for certain changes, plans, features, add-ons, legal requirements, or Third-Party Services.
28. Notices
Notices to Customer may be sent to the email address, billing address, portal account, or other contact information associated with the Account. Customer is responsible for keeping contact information current.
Notices to WindWeaver must be sent to: admin@windweaversolutions.com, unless WindWeaver designates a different notice method.
Routine support requests should be submitted through the support method designated by WindWeaver and are not legal notices unless WindWeaver expressly treats them as such.
29. General Terms
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, employment, or exclusive relationship.
Customer may not assign these Terms or any Order without WindWeaver's written consent, except in connection with a merger, acquisition, or sale of substantially all assets if the assignee agrees to these Terms and is not a competitor or high-risk customer. WindWeaver may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or transfer of the Services.
WindWeaver may use employees, contractors, subcontractors, affiliates, service providers, and Third-Party Services to provide the Services, provided that WindWeaver remains responsible for its obligations under these Terms.
WindWeaver is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, labor disputes, internet failures, provider outages, cyberattacks, war, terrorism, civil unrest, government action, power failures, disease, supply issues, or failures of Third-Party Services.
If any provision of these Terms is unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable or severed if modification is not possible.
A party's failure to enforce a provision is not a waiver. A waiver must be in writing and signed by the waiving party.
These Terms, the Privacy Policy as applicable to data practices, and all Orders form the entire agreement between Customer and WindWeaver regarding the Services and replace prior or contemporaneous understandings about the Services. Any purchase order, vendor form, or customer-provided terms are rejected and do not apply unless WindWeaver expressly agrees in writing.
Headings are for convenience only. The words "including" and "includes" mean "including without limitation."
30. Contact Information
WindWeaver Solutions LLC
Legal notices: admin@windweaversolutions.com
Support: info@windweaversolutions.com
Website: https://windweaversolutions.com