Last revised Oct 28, 2026
This Factory Builder End User License Agreement (this Agreement) governs the Factory Builder subscription and related access to the Wind Stream Platform provided by Wind Stream, Inc. (Wind Stream, we, our, or us).
The individual or legal entity identified as the customer during enrollment is the Customer. If you enroll on behalf of a company or other legal entity, you represent that you have authority to accept this Agreement and authorize subscription charges on its behalf. The Agreement takes effect for Customer when Customer explicitly accepts it during enrollment (the Effective Date). The subscription details and charges presented to and accepted by Customer during enrollment or a subsequent subscription change form the Subscription Summary.
Each individual invited to use Customer’s Factory Builder subscription must separately and explicitly accept the obligations applicable to Authorized Users before using it. An invited user’s acceptance does not make that user the purchaser, authorize charges, or represent that the user has authority to bind Customer to financial obligations. Payment, an invitation, or an administrator’s action does not substitute for the user’s explicit acceptance. If you do not agree, do not activate or use Factory Builder.
This Agreement applies to Factory Builder. It does not amend, replace, or migrate an existing Enterprise License Agreement, Master Services Agreement, or order form. A separately executed agreement expressly governing the same subscription controls over this Agreement to the extent of a conflict.
Trial and recurring-charge summary. A new Factory Builder trial includes one Seat and one Lane for seven days and requires a card upfront. Unless cancelled before the trial ends, it automatically converts to a monthly subscription at $250 USD per License Pair per month, plus applicable taxes. Adding pairs during the trial ends the trial and starts paid billing immediately. Paid subscriptions renew monthly until cancelled. Cancellation or a quantity reduction takes effect at the end of the current paid billing period, with no refund for that period except as required by law or expressly provided in this Agreement. Details appear in Sections 2, 3, and 10.
1. Definitions
Aggregate Data means data derived or aggregated in deidentified form from Customer Materials or Customer’s or its Authorized Users’ use of the Wind Stream Platform, including usage data and trends.
Authorized User means Customer, if an individual, or an employee or contractor whom Customer has authorized to use Factory Builder and who occupies a Seat in Customer’s organization.
Build means a Factory build commissioned through Factory Builder, including the related work and results produced by the Platform.
Client Software means Wind Stream-provided software that Customer or its Authorized Users may download, install, and execute on user devices to interact with the Wind Stream Platform, including the wind command-line interface.
Customer Materials means information, data, content, and other materials submitted, posted, collected, transmitted, or otherwise provided by or on behalf of Customer through the Wind Stream Platform, including Client Software, or to Wind Stream in connection with Customer’s use of the Platform, excluding Aggregate Data and Wind Stream-owned or controlled materials made available through the Platform.
Documentation means the operator and user manuals, training materials, specifications, requirements, and similar materials Wind Stream provides for the Platform, including revisions provided on notice to Customer.
DPA means the Wind Stream Data Processing Addendum published at windstream.ai/legal, incorporated as described in Section 5.6.
Intellectual Property Rights means patent rights, inventions, copyrights, trade secrets, know-how, data and database rights, mask work rights, and other intellectual property rights recognized in any jurisdiction.
Lane means an execution entitlement assigned to one Authorized User at a time, allowing one active Build at a time. Additional Builds queue as described in Section 2.6.
License Pair means the purchased unit of Factory Builder capacity: one Seat and one Lane. Seats and Lanes are purchased together, but allocated independently within Customer’s organization.
Licensed Capacity means the number of License Pairs available to Customer during its current trial or paid subscription period, as confirmed in the Subscription Summary and account records. Pending additions do not increase Licensed Capacity until their required payment succeeds.
Personal Data has the meaning given in the DPA.
Seat means a named user entitlement occupied by one Authorized User when onboarded into Customer’s organization. Removing that user from the organization frees the Seat without reducing purchased Licensed Capacity.
Sub-processor List means the list of third parties processing Customer Materials for Wind Stream, published at windstream.ai/legal/subprocessors, as updated in accordance with the DPA.
Wind Stream Platform means Wind Stream’s proprietary agentic AI platform and associated technology, including Client Software, made available to Customer to capture, process, analyze, generate, act upon, and collaborate on work and related outputs, and to facilitate authorized third-party integrations and actions. A platform capability’s existence does not grant access to it under Factory Builder unless it is included in Customer’s subscription.
Wind Stream IP means the Wind Stream Platform, Client Software, underlying software, algorithms, AI models and systems, interfaces, technology, databases, tools, know-how, processes, Documentation, Aggregate Data, their improvements and derivatives, and the associated Intellectual Property Rights.
2. Subscription access and License Pairs
2.1. Platform license
Subject to this Agreement, Wind Stream grants Customer a limited, non-exclusive, non-transferable right to use the Wind Stream Platform features included in Factory Builder for Customer’s internal business purposes, within its Licensed Capacity, during the applicable trial or paid period. The separate read-only right in Section 10.5 applies after ordinary cancellation, expiry, or payment suspension. Assignment of this Agreement is subject to Section 12.6; internal Seat and Lane allocation follows Section 2.6.
2.2. Use Restrictions
Customer will not at any time and will not permit any third party (including, without limitation, Authorized Users) to, directly or indirectly: (i) use the Wind Stream Platform in any manner beyond the scope of rights expressly granted in this Agreement; (ii) modify or create derivative works of the Wind Stream Platform or Documentation, in whole or in part; (iii) decipher, reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain improper access to any software component of the Wind Stream Platform or any components, models, algorithms or systems used to provide the Wind Stream Platform, in whole or in part, or engage in any of the adversarial attacks set forth in the NIST AI 100-2 E2025 publication available at https://nvlpubs.nist.gov/nistpubs/ai/NIST.AI.100-2e2025.pdf; (iv) frame, mirror, repackage, sell, resell, rent or lease use of the Wind Stream Platform to any other third party or otherwise allow any third party to use the Wind Stream Platform for any purpose other than for the benefit of Customer in accordance with this Agreement; (v) use the Wind Stream Platform, Output or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any third party or that violates any applicable law; (vi) interfere with, or disrupt the integrity or performance of, the Wind Stream Platform or any data or content contained therein or transmitted thereby; (vii) access or search the Wind Stream Platform (or download any data or content contained therein or transmitted thereby) through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers or any other similar data mining tools) other than software or Wind Stream Platform features provided by Wind Stream for use expressly for such purposes; (viii) remove or alter any copyright, trademark, or other proprietary notices in the Client Software; (ix) use the Client Software independently of the hosted components of the Wind Stream Platform; (x) use the Wind Stream Platform, Documentation or any other Wind Stream Confidential Information for benchmarking or competitive analysis with respect to competitive or related products or services or to develop, commercialize, license or sell any product, service or technology that could, directly or indirectly, compete with the Wind Stream Platform; (xi) use the Wind Stream Platform or any Output in a manner that violates the usage policies of Third-Party Services (as defined below), as applicable; or (xii) utilize the Wind Stream Platform (including any AI models or derivatives thereof), Documentation or Output to train, improve or have trained or improved an AI model (e.g., engage in “model scraping” or “model distillation”).
2.3. Prohibited Uses
Without limiting the restrictions set forth in Section 2.2 above, Customer will not, and will not permit any Authorized User or third party to, use the Wind Stream Platform or any Output: (i) to generate, distribute, or facilitate content that is illegal under applicable law, including without limitation child sexual abuse material, content that promotes or incites terrorism or violent extremism, or content that facilitates human trafficking; (ii) to generate non-consensual sexual imagery or sexual imagery of minors, or to generate deepfakes or synthetic media of identifiable individuals for deceptive, harassing, or non-consensual purposes; (iii) to impersonate any person or organization in a manner intended to deceive, or to represent Output as human-authored in any context where such representation would mislead a reasonable recipient; (iv) to harass, threaten, intimidate, or stalk any individual, or to generate content directed at a specific individual with the intent to harm them; (v) to send unsolicited communications in violation of the CAN-SPAM Act, the TCPA, or any similar anti-spam or telemarketing law, or to distribute malware, phishing content, or other malicious software; or (vi) to re-identify individuals from de-identified data or to attempt to derive personally identifying information about individuals from Aggregate Data or from any output generated by the Wind Stream Platform.
2.4. Authorized Users and account security
Customer may permit Authorized Users to use Factory Builder only within its available Seats. Each user must use a separate named account and explicitly accept this Agreement’s applicable user obligations. Account credentials may not be shared. Customer is responsible for its Authorized Users’ acts and omissions in connection with the Platform. Customer and Authorized Users must use reasonable security measures for accounts, devices, and Client Software credentials and promptly notify Wind Stream of known or reasonably suspected compromise. Client Software uses the same accepted license and organization authority; authenticating Client Software does not permit the user to avoid explicit acceptance or create additional capacity.
2.5. Third-Party Services
Certain features and functionalities within the Wind Stream Platform may allow Customer and its Authorized Users to interface or interact with, access and/or use compatible third-party services, products, technology and content (collectively, “Third-Party Services“) through the Wind Stream Platform. Wind Stream does not provide any aspect of the Third-Party Services and is not responsible for any compatibility issues, errors or bugs in the Wind Stream Platform or Third-Party Services caused in whole or in part by the Third-Party Services or any update or upgrade thereto. Customer is solely responsible for maintaining the Third-Party Services and obtaining any associated licenses and consents necessary for Customer to use the Third-Party Services in connection with the Wind Stream Platform.
2.6. License Pairs and allocation
Purchased capacity. Each License Pair provides one Seat and one Lane. For example, three pairs provide three Seats and three Lanes. These entitlements belong to Customer’s organization and are allocated by its owners and administrators. Allocating or reassigning capacity does not itself change the purchased pair quantity or create a charge.
Seats. A user occupies a Seat when onboarded. Customer cannot separately remove only that user’s Seat allocation; Customer removes the user from the organization to free the Seat. Freeing a Seat does not cancel a pair. Customer may onboard another Authorized User within its available capacity.
Lanes. Each Lane is assigned to one Authorized User at a time and may not be shared by multiple users. One user may hold multiple Lanes. Each Lane permits one active Build at a time; additional Builds queue. Ordinary Lane reassignment waits until its active Build finishes, and the original user’s queued Builds stay with that user. Queued work does not create a right to execution without assigned, available capacity.
Offboarding. If Customer removes a user who has a Lane with active Builds, Customer must reassign the Lane as part of offboarding, defaulting to Customer’s organization owner. The transfer is immediate. The new assignee is notified and gains authority to halt the active Build, review its outcome, and manage its result. The departing user’s queued Builds transfer to the new assignee and remain held for that assignee’s review before execution. This offboarding transfer is an exception to ordinary Lane reassignment. Customer’s authorized offboarding action constitutes its instruction for these transfers. Removal ends the departing user’s organization access and frees the Seat; it does not delete Customer Materials or reduce purchased capacity.
Build volume and feature scope. Factory Builder permits unlimited Build count within purchased concurrency, subject to this Agreement and service availability. This does not promise unlimited simultaneous Builds, storage, inference, or other resource quantities, or guarantee a particular Build outcome or completion time. No Dynamo grants, annual commitment, token overage rate, or other Enterprise entitlement is incorporated by implication. Any separately charged resource entitlement must be disclosed to and accepted by Customer before the charge applies. GitHub and Slack are the offered Factory Builder integrations. Customer-managed Factory execution integration is not included; general Wind Stream MCP and API access remains subject to the subscription and the same user and capacity controls.
2.7. Customer Elected Integrations
Customer acknowledges and agrees that the operation of certain features of the Wind Stream Platform may require integration with, or access to, products, platforms, services, or data sources not provided by Wind Stream that Customer elects to use with the Wind Stream Platform (collectively, “Customer Elected Integrations“). Customer is solely responsible for procuring, and facilitating access for Wind Stream to, all Customer Elected Integrations necessary for the applicable features of the Wind Stream Platform to function as intended. Customer will (i) obtain and maintain, at its own expense, and provide to Wind Stream, all valid accounts, API keys, tokens, certificates, accounts or configurations necessary for Wind Stream to access Customer Materials available through the Customer Elected Integrations on Customer’s behalf for the purpose of operating and providing the Wind Stream Platform, including, without limitation, the ability to read, write, create, update and delete such Customer Materials; and (ii) furnish all reasonable cooperation, information and assistance required by Wind Stream to integrate and test Customer Elected Integrations. Customer represents and warrants that it has obtained, and will maintain throughout the Term, all licenses, authorizations and consents necessary for the foregoing.
2.8. Preview Features
From time to time, Wind Stream may make non-production versions or preview features of the Wind Stream Platform available to Customer (“Preview Features“). Customer may access Preview Features at its sole risk. Preview Features are intended for evaluation purposes and may be subject to additional terms presented at the time of access. Notwithstanding anything in this Agreement, Wind Stream is not obligated to provide Customer with support for Preview Features or correct any bugs, defects, or errors therein, and will have no liability for any harm or damage arising out of or in connection with any Preview Features. Wind Stream may discontinue, suspend, or remove Preview Features (or any Customer Materials stored solely within Preview Features) at any time in its sole discretion and may never make them generally available.
2.9. Reservation of Rights
Subject to the limited rights expressly granted hereunder, Wind Stream reserves and, as between the Parties will solely own, the Wind Stream IP and all rights, title and interest in and to the Wind Stream IP and to the Wind Stream Platform, including all AI models and AI systems. No rights are granted to Customer hereunder (whether by implication, estoppel, exhaustion or otherwise) other than as expressly set forth herein.
2.10. Feedback
From time to time Customer or its employees, contractors or representatives may provide Wind Stream with suggestions, comments, feedback or the like with regard to the Wind Stream Platform (collectively, “Feedback“). Customer hereby grants Wind Stream a perpetual, irrevocable, royalty-free and fully-paid up license to use and exploit all Feedback in connection with Wind Stream’s business purposes, including, without limitation, the testing, development, maintenance and improvement of the Wind Stream Platform.
3. Trial, fees, and monthly billing
3.1. Price and currency
Factory Builder is $250 USD per License Pair per month, plus applicable taxes. The Subscription Summary identifies the quantity, amount, and billing dates. The initial trial contains exactly one pair. Seats and Lanes cannot be purchased separately under this offer.
3.2. Seven-day trial and payment method
Customer must provide a valid card upfront. The seven-day trial begins when enrollment and required payment-method verification are completed, as recorded in Customer’s account. The account and enrollment confirmation show the trial end and first charge date. An abandoned or unverified enrollment does not activate a trial. No subscription charge is due for the standard trial period; applicable charges begin at conversion or an early conversion requested under Section 3.4.
3.3. Automatic conversion and renewal
Unless Customer cancels before the displayed trial end, the trial converts automatically to a paid monthly subscription for one pair at $250 USD per month, plus applicable taxes. Customer expressly authorizes Wind Stream, through its payment processor, to charge the provided payment method at conversion and each monthly renewal until cancellation takes effect. Monthly subscription fees are charged in advance. Customer must keep its payment method and billing contact information current.
3.4. Adding pairs
During a paid month, added pairs take effect immediately upon successful payment of the charge prorated for the remainder of that billing period. The resulting recurring quantity applies at subsequent renewals. If Customer adds pairs during the trial, the trial ends and paid monthly billing begins immediately for the resulting pair quantity, as disclosed in the change confirmation. If payment for an addition fails, the added capacity is not granted and the existing subscription and its previously available capacity remain unchanged.
3.5. Reductions and cancellation
Customer may request a pair reduction or cancel through the app’s billing controls. A reduction or cancellation takes effect at the end of the current paid monthly period, not retroactively. Paid Seats and Lanes remain allocatable by Customer through that period. No refund or credit is provided for the unused portion of the current paid period, except as required by law or expressly provided in this Agreement. Cancellation before a trial’s conversion prevents the initial recurring charge and allows the trial to expire at its displayed end. Customer must bring allocations within the reduced capacity when a reduction takes effect; this does not authorize Wind Stream to select arbitrary users for removal.
3.6. Failed trial-conversion or renewal payment
If the trial-conversion payment or a monthly renewal payment fails, new-work access pauses immediately, with no grace period. New and queued Builds cannot start. Already active Builds may finish, and existing members retain the read-only access described in Section 10.5. This pause does not itself abort an active Build. Failure to pay an addition is instead governed by Section 3.4 and does not suspend otherwise current, previously purchased capacity.
3.7. Payment recovery
When the relevant payment succeeds and Customer’s subscription is current, paid access restores automatically. Ordinary queued Builds resume automatically within currently assigned Lane capacity. Explicit review holds, including offboarding review, remain in effect. Payment of an unrelated or historical invoice does not create a new subscription or restore an entitlement that payment does not cover.
3.8. Payment processing and amounts due
Payments are processed by Wind Stream’s third-party payment processor. Customer authorizes the charges described above; invited users do not authorize Customer charges merely by accepting their user obligations. Amounts properly due remain payable without offset or deduction. Late charges on unpaid amounts accrue at 1.5% per month or, if lower, the maximum permitted by applicable law. Customer will reimburse reasonable collection costs, including reasonable attorneys’ fees. Refund restrictions do not limit rights or remedies that applicable law does not permit the parties to waive.
3.9. Price changes
Wind Stream may change recurring fees for future monthly periods on at least sixty days’ prior notice to Customer, including by email. A change will not alter the price already paid for the current period. Customer may cancel before the changed price takes effect. This provision does not itself change any existing Enterprise agreement.
3.10. Taxes
Customer is responsible for sales, use, ad valorem, excise, and similar taxes, duties, and charges imposed on amounts payable under this Agreement, excluding taxes on Wind Stream’s income. If Customer is required to withhold tax, Customer will pay the additional amount necessary for Wind Stream to receive the amount due as if no withholding had been made, except as otherwise required by applicable law.
4. Confidential information
4.1. Definitions
As used herein, “Confidential Information“ means any information that one Party (the “Disclosing Party“) provides to the other Party (the “Receiving Party“) in connection with this Agreement, whether orally or in writing, that is designated as confidential or that reasonably should be considered to be confidential given the nature of the information and/or the circumstances of disclosure. For clarity, the Wind Stream Platform and the Documentation will be deemed Confidential Information of Wind Stream. However, Confidential Information will not include any information or materials that: (i) were, at the date of disclosure, or have subsequently become, generally known or available to the public through no act or failure to act by the Receiving Party; (ii) were rightfully known by the Receiving Party prior to receiving such information or materials from the Disclosing Party; (iii) are rightfully acquired by the Receiving Party from a third party who has the right to disclose such information or materials without breach of any confidentiality or non-use obligation to the Disclosing Party; or (iv) are independently developed by or for the Receiving Party without use of or access to any Confidential Information of the Disclosing Party. Without limiting the foregoing, nothing in this Agreement will limit or restrict Wind Stream’s ability to use or disclose any general know-how, experience, concepts and/or ideas that Wind Stream or its personnel acquire or obtain in connection with the performance of Wind Stream’s obligations hereunder.
4.2. Obligations and Permitted Disclosures
The Receiving Party will maintain the Disclosing Party’s Confidential Information in strict confidence, and will not use the Confidential Information of the Disclosing Party except as necessary to perform its obligations or exercise its rights under this Agreement; provided that Wind Stream may use and modify Confidential Information of Customer in deidentified form for purposes of developing and deriving Aggregate Data. The Receiving Party will not disclose or cause to be disclosed any Confidential Information of the Disclosing Party, except (i) to those employees, representatives or contractors of the Receiving Party who have a bona fide need to know such Confidential Information to perform under this Agreement and who are bound by written agreements with use and nondisclosure restrictions at least as protective as those set forth in this Agreement, or (ii) as such disclosure may be required by the order or requirement of a court, administrative agency or other governmental body, subject to the Receiving Party providing to the Disclosing Party reasonable written notice to allow the Disclosing Party to seek a protective order or otherwise contest the disclosure.
4.3. Duration
Each Party’s obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire five (5) years from the date first disclosed to the Receiving Party; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.
4.4. Disclosure for Due Diligence
The terms and conditions of this Agreement will constitute Confidential Information of each Party but may be disclosed on a confidential basis to a Party’s advisors, attorneys, actual or bona fide potential acquirers, investors or other sources of funding (and their respective advisors and attorneys) for due diligence purposes.
5. Customer Materials, Input, and data
5.1. Ownership
Wind Stream acknowledges that, as between Customer and Wind Stream and except as set forth in Section 5.2, Customer owns and retains all right, title and interest in and to all Customer Materials.
5.2. License
Customer hereby grants Wind Stream a non-exclusive, worldwide, royalty-free right and license to use, host, reproduce, display, perform, modify the Customer Materials and Input (defined below) solely for the purpose of hosting, operating, improving and providing the Wind Stream Platform, to enforce this Agreement, and to comply with applicable law.
5.3. Rights and Compliance
Customer represents and warrants that (i) it has obtained and will obtain and continue to have, during the Term, all necessary rights, authority and licenses for the access to and use of the Customer Materials and Input (including any Personal Data provided or otherwise collected pursuant to Customer’s privacy notice) as contemplated by this Agreement; (ii) Wind Stream’s use of the Customer Materials or Input in accordance with this Agreement will not violate any applicable laws or regulations or cause a breach of any agreement or obligations between Customer and any third party; and (iii) Customer will not upload, submit, or transmit to the Wind Stream Platform any data subject to specific regulatory compliance regimes (including, without limitation, Protected Health Information as defined by HIPAA, cardholder data as defined by PCI DSS, or government-classified information) unless Customer has executed a corresponding compliance addendum with Wind Stream (such as a Business Associate Agreement) and received written confirmation from Wind Stream of coverage.
5.4. Input and Output
The Wind Stream Platform may generate output for Customer (each, “Output“) in response to: (i) Customer’s interaction, request or input; or (ii) Customer Materials uploaded or submitted to influence the Output or Wind Stream Platform (collectively, “Input“). As between Customer and Wind Stream, to the extent permitted by applicable law and subject to Section 2.7: (1) Customer owns and is responsible for all Input that Customer provides; and (2) subject to Customer’s compliance with this Agreement (including Section 2.2 and 2.3), Wind Stream assigns to Customer any right, title and interest in and to the Output generated by Customer’s Input that Wind Stream might otherwise have. Customer may not represent that Output from the Wind Stream Platform was human-generated. Wind Stream may use and modify Customer’s Input and Output to enforce its AUP and any applicable acceptable use policies or usage policies, to provide, maintain, and operate the Wind Stream Platform for Customer during the Term and to comply with applicable law.
5.5. No Training on Customer Materials
Wind Stream does not use Customer Materials, Input, or Output to train foundation models, or to train or fine-tune any Wind Stream-owned model without Customer’s express, opt-in written agreement pursuant to a separate data-use arrangement. Under Wind Stream’s agreements with third-party AI model providers, those providers do not use Customer Materials transmitted to them in connection with the Wind Stream Platform to train or improve their models. For clarity, this Section does not limit Wind Stream’s rights to derive and use Aggregate Data as set forth in Section 4.2, or Wind Stream’s operation of automated content filtering and policy enforcement controls (guardrails) that process Customer Materials during the ordinary course of providing the Wind Stream Platform.
5.6. Data Processing
To the extent Customer Materials or Input contain Personal Data, the DPA is incorporated into this Agreement by reference and governs the processing of such Personal Data. In the event of a conflict between the DPA and this Agreement with respect to the processing of Personal Data, the DPA controls.
5.7. Privacy notice and user information
Wind Stream’s Privacy Policy describes its processing of information in its capacity as controller, including account, administrative-contact, and payment-related information. Customer Materials processed on Customer’s behalf remain governed by the DPA and this Agreement. Each user is presented with the applicable Privacy Policy during onboarding. Optional marketing communications are a separate preference and are not required to activate a trial or license.
6. Representations and warranties
Each Party hereby represents and warrants to the other Party that: (i) it has the right to enter into this Agreement and, if a legal entity, is duly organized, validly existing, and in good standing under its jurisdiction of organization; and (ii) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby are within the authority of such Party and have been duly authorized by any necessary action on its part and constitute a valid and binding agreement of such Party. Customer further represents and warrants that it has all necessary rights to submit Customer Materials and Input to the Wind Stream Platform, and neither Customer Materials, Input, nor Customer’s use and provision of Customer Materials or Input to be made available through the Wind Stream Platform, nor any use of Customer Materials or Input by Wind Stream on or through the Wind Stream Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, rights of publicity or privacy or result in the violation of any applicable law or regulation.
7. Indemnification
7.1. Wind Stream Indemnification
Subject to Section 7.2, Wind Stream will defend Customer against any claim, suit or proceeding brought by a third party (“Claims“) alleging that Customer’s use of the Wind Stream Platform infringes or misappropriates such third party’s Intellectual Property Rights, and will indemnify and hold harmless Customer against any damages and costs awarded against Customer or agreed in settlement by Wind Stream (including reasonable attorneys’ fees) resulting from such Claim.
7.2. Exclusions
Wind Stream’s obligations under Section 7.1 will not apply if the underlying third-party Claim arises from or as a result of: (i) Customer’s breach of this Agreement, negligence, willful misconduct or fraud; (ii) any Customer Materials (including an Input or other infringing content contained therein); (iii) Customer’s failure to use any enhancements, modifications or updates to the Wind Stream Platform or Output that have been provided by Wind Stream; (iv) modifications to the Wind Stream Platform or Output by anyone other than Wind Stream; or (v) combinations of the Wind Stream Platform with software, data or materials not provided by Wind Stream.
7.3. IP Remedies
If Wind Stream reasonably believes the Wind Stream Platform (or any component thereof) could infringe any third party’s Intellectual Property Rights, Wind Stream may, at its sole option and expense use commercially reasonable efforts to: (i) modify or replace the Wind Stream Platform, or any component or part thereof, to make it non-infringing; or (ii) procure the right for Customer to continue use of the Wind Stream Platform. If Wind Stream determines that neither alternative is commercially practicable, Wind Stream may terminate this Agreement, in its entirety or with respect to the affected component, by providing written notice to Customer. In the event of any such termination, Wind Stream will refund to Customer a pro-rata portion of the Fees that have been paid for the unexpired portion. The rights and remedies set forth in this Section 7 will constitute Customer’s sole and exclusive remedy for any infringement or misappropriation of Intellectual Property Rights in connection with the Wind Stream Platform.
7.4. Customer Indemnification
Customer will defend Wind Stream against Claims arising from (i) any Customer Materials, Input, Output (or their processing or use by Wind Stream), including, without limitation, (A) any Claim that the Customer Materials infringe, misappropriate or otherwise violate any third party’s Intellectual Property Rights or privacy or other rights; or (B) any Claim that the use, provision, transmission, display or storage of Customer Materials violates any applicable law, rule or regulation; (ii) any of Customer’s products or services; (iii) Customer’s breach of Section 5.3(iii) (unauthorized upload of regulated data); and (iv) use of the Wind Stream Platform by Customer or its Authorized Users in a manner that is not in accordance with this Agreement or the Documentation, including, without limitation, any breach of the restrictions in Section 2.2 or 2.3, and in each case, will indemnify and hold harmless Wind Stream against any damages and costs awarded against Wind Stream or agreed in settlement by Customer (including reasonable attorneys’ fees) resulting from such Claim.
7.5. Indemnification Procedures
The Party seeking defense and indemnity (the “Indemnified Party“) will promptly (and in any event no later than thirty (30) days after becoming aware of facts or circumstances that could reasonably give rise to any Claim) notify the other Party (the “Indemnifying Party“) of the Claim for which indemnity is being sought, and will reasonably cooperate with the Indemnifying Party in the defense and/or settlement thereof. The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder (provided that the Indemnifying Party may not settle any Claim without the Indemnified Party’s prior written approval unless the settlement is for a monetary amount, unconditionally releases the Indemnified Party from all liability without prejudice, does not require any admission by the Indemnified Party and does not place restrictions upon the Indemnified Party’s business, products or services). The Indemnified Party may participate in the defense or settlement of any such Claim at its own expense and with its own choice of counsel or, if the Indemnifying Party refuses to fulfill its obligation of defense, the Indemnified Party may defend itself and seek reimbursement from the Indemnifying Party.
8. Disclaimers
8.1. General Disclaimer
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WIND STREAM PLATFORM OUTPUT AND OTHER WIND STREAM IP ARE PROVIDED ON AN “AS IS” BASIS, AND WIND STREAM MAKES NO WARRANTIES OR REPRESENTATIONS TO CUSTOMER, ITS AUTHORIZED USERS OR TO ANY OTHER PARTY REGARDING THE WIND STREAM IP, THE WIND STREAM PLATFORM, OUTPUT OR ANY OTHER SERVICES OR MATERIALS PROVIDED HEREUNDER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIND STREAM HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WIND STREAM HEREBY DISCLAIMS ANY WARRANTY THAT USE OF THE WIND STREAM PLATFORM OR OUTPUT WILL BE ERROR-FREE, BUG-FREE OR UNINTERRUPTED, OR THAT THE CLIENT SOFTWARE WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR OPERATING SYSTEM CONFIGURATION.
8.2. Similarity, Accuracy and Appropriateness of Output
Due to the nature of machine learning, Output may not be unique and the Wind Stream Platform may generate the same or similar output for Wind Stream or a third party. For clarity, Wind Stream’s assignment of Output as set forth in Section 5.4 does not extend to other Wind Stream customers’ output. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE WIND STREAM PLATFORM MAY IN SOME SITUATIONS PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, OFFENSIVE OR OTHERWISE UNDESIRABLE. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE INPUT PROVIDED AND CUSTOMER’S COMPLIANCE WITH THESE TERMS, AND NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, WIND STREAM WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM CUSTOMER MATERIALS, INPUT, OUTPUT OR THEIR USE. Customer will evaluate the content, nature and accuracy of any Output as appropriate for the applicable use case, including by using human review of the Output.
8.3. Client Software
Wind Stream may from time to time issue updates, upgrades, or patches to the Client Software and may discontinue support for or disable prior versions at its discretion. THE CLIENT SOFTWARE EXECUTES ON DEVICES CONTROLLED BY CUSTOMER OR ITS AUTHORIZED USERS. WIND STREAM DISCLAIMS ALL LIABILITY FOR ANY EFFECTS OF THE CLIENT SOFTWARE ON CUSTOMER’S OR ITS AUTHORIZED USERS’ DEVICES, LOCAL FILESYSTEMS, LOCAL DATA, OR OTHER SOFTWARE, EXCEPT TO THE EXTENT ARISING FROM WIND STREAM’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WIND STREAM IS NOT RESPONSIBLE FOR THE AVAILABILITY OR VERSION CURRENCY OF THE CLIENT SOFTWARE ON ANY THIRD-PARTY DISTRIBUTION CHANNEL (INCLUDING PACKAGE MANAGERS AND SOFTWARE REPOSITORIES), OR FOR THE ACTIONS OF SUCH THIRD-PARTY DISTRIBUTION CHANNELS.
9. Limitations of liability
9.1. Exclusion of Damages
EXCEPT FOR: (I) ANY INFRINGEMENT BY ONE PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, (II) FRAUD OR WILFUL MISCONDUCT BY EITHER PARTY, (III) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 7, OR (IV) BREACH OF CUSTOMER’S PAYMENT OBLIGATIONS, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION OR THE COST OF COVER OR SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WIND STREAM IP OR THE PROVISION OF THE WIND STREAM PLATFORM, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9.2. Total Liability
IN NO EVENT WILL WIND STREAM’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER OR ITS AUTHORIZED USERS ARISING FROM ALL CLAIMS UNDER OR RELATED TO THIS AGREEMENT, THE WIND STREAM IP OR THE PROVISION OF THE WIND STREAM PLATFORM EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO WIND STREAM IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE APPLICABLE CLAIM MADE UNDER OR RELATED TO THIS AGREEMENT, LESS ALL AMOUNTS PAID BY WIND STREAM TO CUSTOMER FOR ALL PAST CLAIMS OF ANY KIND MADE UNDER OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH THE CLAIM OR LIABILITY IS BASED AND WHETHER OR NOT WIND STREAM WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9.3. BASIS OF THE BARGAIN
THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 9 ARE AN ESSENTIAL PART OF THE BASIS OF THE BARGAIN BETWEEN WIND STREAM AND CUSTOMER, AND WILL APPLY EVEN IF THE REMEDIES AVAILABLE HEREUNDER ARE FOUND TO FAIL THEIR ESSENTIAL PURPOSE.
10. Term, cancellation, and termination
10.1. Agreement and subscription periods
This Agreement begins on the Effective Date and governs Customer’s trial, monthly subscription, and permitted retained account access until terminated under this Section. The paid subscription renews monthly as described in Section 3.3; it does not require an annual term or a separate order form. Ending paid capacity is distinct from terminating the retained account and all rights under this Agreement.
10.2. Customer cancellation and expiry of paid capacity
Customer may cancel its paid subscription through billing controls. Cancellation takes effect at the end of the current paid monthly period. Until then, Customer retains the purchased, allocatable Seats and Lanes. A scheduled reduction takes effect on the same monthly boundary for the reduced capacity. Active Builds may finish after capacity expires; no new or queued Builds may start against expired capacity. Ordinary cancellation or payment lapse does not by itself delete the organization or its records. Refunds are governed by Sections 3.5 and 7.3.
10.3. Termination for breach
Either Party may terminate this Agreement on written notice if the other materially breaches it and fails to cure the breach within thirty days after written notice. This does not require a grace period for failed payments under Section 3.6 or prevent suspension or termination under the Acceptable Use Policy. Customer may request closure of its retained account. A security or acceptable-use restriction may limit account or Build access independently of billing status.
10.4. Survival
Provisions that by their nature should survive will survive termination, including accrued payment obligations, confidentiality, ownership and data rights, use restrictions, indemnities, disclaimers, liability limits, permitted data return and retention, and general provisions. Sections 1, 2.2, 2.3, 2.9, 2.10, 3, 4, 5, 6, 7, 8, 9, 10.4 through 10.7, and 12 survive to the extent applicable.
10.5. Read-only access after ordinary expiry or payment suspension
After ordinary subscription cancellation, expiry, or the payment suspension described in Section 3.6, existing organization members retain read-only access to Customer’s historical records and completed Build results, subject to their existing visibility permissions, this Agreement, and Customer’s access controls. Removed users are not reinstated. This retained access does not authorize new work, bypass an explicit hold, grant paid capacity, or expose private records to additional members. Customer and its authorized controller may review and manage the results of an already admitted Build, including an offboarding-transferred Build, as provided in Section 2.6. Ordinary paid-capacity expiry does not itself start the account-closure deletion schedule in Section 10.6.
10.6. Final account closure, data return, and deletion
If Customer closes its retained organization account or this Agreement is terminated under Section 10.3, the paid and retained-use rights end, except for the data-return access in this Section. For thirty days following final account closure or termination (the Data Return Period), Wind Stream will make Customer Materials available for export through the Platform or another reasonable means. After that period, Wind Stream will delete Customer Materials from its production environment within thirty days in accordance with its Data Management Policy, subject to legally required retention, encrypted backups pending ordinary overwrite (typically within sixty days), and audit records retained for one year under its Information Security Program. Documented deletion instructions and Personal Data processing remain subject to the DPA and applicable law. Final closure is distinct from merely cancelling a monthly subscription.
Upon final closure or termination, Customer must cease uses not expressly permitted by this Section and return or destroy Wind Stream Confidential Information, including permanently removing it from Customer-controlled storage consistent with customary data-destruction practices, and certify compliance on request. No closure or termination eliminates properly accrued payment obligations or creates a refund except as required by law or expressly provided in this Agreement. This paragraph does not require deletion of Customer’s own Build results or Customer Materials that Customer is entitled to retain.
10.7. Authorized User departure
On an Authorized User’s departure, offboarding, or removal, Customer Materials and contributions remain part of Customer’s account and under Customer’s control. Customer determines their management, retention, reassignment, and disposition under its own policies and applicable law. The Lane and Build transfers Customer directs through the offboarding process in Section 2.6 are authorized Customer instructions, including the default transfer to the organization owner. They do not transfer ownership of Customer Materials to the departing user or to the new assignee personally.
11. Trademarks
Customer hereby grants Wind Stream a limited, non-exclusive, royalty-free license to use and display Customer’s name, designated trademarks and associated logos (the “Customer Marks”) during the Term in connection with (i) the hosting, operation and maintenance of the Wind Stream Platform; and (ii) Wind Stream’s marketing and promotional efforts for its products and services, including by publicly naming Customer as a customer of Wind Stream and in case studies. All goodwill and improved reputation generated by Wind Stream’s use of the Customer Marks inures to the exclusive benefit of Customer. Wind Stream will use the Customer Marks in the form stipulated by Customer and will conform to and observe such standards as Customer prescribes from time to time in connection with the license granted hereunder. Customer may opt out of public naming and case-study use by providing written notice to Wind Stream, in which case Wind Stream will not initiate new public references to Customer but may continue existing public references until such time as they are refreshed in the ordinary course.
12. General
12.1. Entire agreement and electronic acceptance
This Agreement, including the Subscription Summary, incorporated DPA, and Appendix A, is the complete agreement concerning the Factory Builder subscription and supersedes prior communications concerning that subject. Existing separately executed Enterprise agreements are preserved as stated in the opening paragraphs. Subscription changes are accepted through Customer’s authorized billing controls; other amendments require a written agreement accepted by duly authorized representatives, including an explicit electronic acceptance process. Merely posting a different text does not itself prove an individual’s acceptance of that version. Wind Stream may retain the accepted document versions, authenticated acceptance time and identity, and related organization context as evidence of acceptance. Privacy is addressed in Section 5.7.
12.2. Notices
Notices must be in writing and identify this Agreement or Customer’s subscription. Notices to Customer may be sent to the billing or administrative email address maintained in its account; Customer must keep that information current. Notices to Wind Stream must be sent to legal@windstream.ai. Email notice is deemed given without a bounce-back on the sending date if sent during the recipient’s normal business hours, or the next business day otherwise. Notices may also be delivered personally, by nationally recognized express courier, or by registered or certified mail to an address designated by the receiving Party; they are deemed given on personal delivery, one business day after courier deposit with written confirmation of receipt, or three business days after mailing, respectively.
12.3. Waiver
Either Party’s failure to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. No waiver of any provision of this Agreement will be effective unless it is in writing and signed by the Party granting the waiver.
12.4. Severability
If any provision of this Agreement is held invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permitted by law, given the fundamental intentions of the Parties and the remaining provisions of this Agreement will remain in full force and effect.
12.5. Governing Law; Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflict of laws that would lead to the application of the laws of another jurisdiction. The Parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California and the Parties irrevocably consent to the personal jurisdiction and venue therein.
12.6. Assignment
Neither Party may assign or transfer this Agreement, by operation of law or otherwise, without the other Party’s prior written consent. Any attempt to assign or transfer this Agreement without such consent will be void. Notwithstanding the foregoing, either Party may assign or transfer this Agreement to a third party that succeeds to all or substantially all of the assigning Party’s business and assets relating to the subject matter of this Agreement, whether by sale, merger, operation of law or otherwise. Subject to the foregoing, this Agreement is binding upon and will inure to the benefit of each of the Parties and their respective successors and permitted assigns.
12.7. Equitable Relief
Each Party agrees that a breach or threatened breach by such Party of any of its obligations under Section 4 or, in the case of Customer, Section 2.2, would cause the other Party irreparable harm and significant damages for which there may be no adequate remedy under law and that, in the event of such breach or threatened breach, the other Party will have the right to seek immediate equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
12.8. Force Majeure
Neither Party will be responsible for any failure or delay in the performance of its obligations under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, which may include, without limitation, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, denial of service or other malicious attacks, telecommunications failure or degradation, pandemics, epidemics, public health emergencies, governmental orders and acts (including government-imposed travel restrictions and quarantines), material changes in law, war, terrorism, riot or acts of God.
12.9. Subcontracting
Wind Stream may use subcontractors, and other third-party providers (“Subcontractors“) in connection with the performance of its own obligations hereunder as it deems appropriate; provided that Wind Stream remains responsible for the performance of each such Subcontractor. Subcontractors that process Personal Data on Wind Stream’s behalf are identified in the Sub-processor List and are subject to the DPA. Notwithstanding anything to the contrary in this Agreement, with respect to any third-party vendors including any hosting or payment vendors, Wind Stream will use commercially reasonable efforts to guard against any damages or issues arising in connection with such vendors, but will not be liable for the acts or omissions of such third-party vendors except to the extent that it has been finally adjudicated that such damages or issues are caused directly from the gross negligence or willful misconduct of Wind Stream.
12.10. Export Regulation
Customer affirms that it is not named on, owned by, or acting on behalf of any U.S. government denied-party list and it agrees to comply fully with all relevant export control and sanctions laws and regulations of the United States (“Export Laws“) to ensure that neither the Wind Stream Platform, Client Software, any Customer Materials, nor any technical data related thereto is: (i) used, exported or re-exported directly or indirectly in violation of Export Laws; or (ii) used for any purposes prohibited by the Export Laws, including, but not limited to, nuclear, chemical or biological weapons proliferation, missile systems or technology or restricted unmanned aerial vehicle applications. Customer will complete all undertakings required by Export Laws, including obtaining any necessary export license or other governmental approval.
12.11. U.S. Government End Users
The Wind Stream Platform, Client Software, and Documentation were developed solely at private expense and are “commercial products”, “commercial items” or “commercial computer software” as defined in the Federal Acquisition Regulation 2.101 and other relevant government procurement regulations including agency supplements. Any use, duplication or disclosure of the Wind Stream Platform, Client Software, and Documentation by or on behalf of the U.S. government is subject to restrictions as set forth in this Agreement as consistent with federal law and regulations. If these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Customer will immediately discontinue its use of the Wind Stream Platform, Client Software, and Documentation.
12.12. Relationship of the Parties
The relationship between the Parties is that of independent contractors. Nothing in this Agreement will be construed to establish any partnership, joint venture or agency relationship between the Parties. Neither Party will have the power or authority to bind the other or incur any obligations on the other’s behalf without the other Party’s prior written consent.
12.13. No Third-Party Beneficiaries
No provision of this Agreement is intended to confer any rights, benefits, remedies, obligations or liabilities hereunder upon any third party other than the Parties and their respective successors and assigns.
12.14. Electronic records
The Parties may accept and retain this Agreement and subscription changes electronically. Wind Stream’s records identify the applicable version and Customer or user acceptance. A separate handwritten signature or company signature block is not required for the explicit electronic enrollment acceptance described above.
Appendix A. Acceptable Use Policy
This Acceptable Use Policy (“AUP“) identifies prohibited uses of the Wind Stream Platform made available to you by Wind Stream. We do not allow the Wind Stream Platform to be used for the following:
Deceptive or misleading activities. This includes using the Wind Stream Platform to:
Impersonate another individual or organization without consent or legal right;
Engage in coordinated inauthentic behavior or disinformation campaigns;
Generate deceptive or misleading comments or reviews;
Deter participation in democratic processes, including misrepresenting voting processes or qualifications and discouraging voting.
Abusive or fraudulent activities. This includes using the Wind Stream Platform to:
Generate content for fraudulent activities, scams, phishing or malware;
Promote or facilitate the generation or distribution of spam;
Attempt to “jailbreak” or override or circumvent safety filters or intentionally direct the product or service to act in a manner that contravenes our policies;
Interfere with or negatively impact any of Wind Stream’s products or services;
Violate any natural person’s rights, including privacy rights as defined in applicable privacy law, including using biometrics (e.g., facial recognition) for identification;
Inappropriately use confidential or personal information;
Utilize Input or Output to train, improve or have trained or improved an AI model (e.g., engage in “model scraping”).
Illegal, malicious or highly regulated activities. This includes using the Wind Stream Platform to:
Provide instructions on how to create or facilitate the exchange of illegal substance or goods;
Encourage or provide instructions on how to engage in or facilitate illegal services such as human trafficking or prostitution;
Provide instructions on how to commit, facilitate or encourage any type of crime;
Provide legal, medical/health or financial advice without review by a qualified professional and disclosure of the use of AI assistance and its potential limitations.
Activities with a high risk of economic or other harm. This includes using the Wind Stream Platform to:
Engage in multi-level marketing or pyramid schemes;
Automate high-stakes decisions in domains that affect an individual’s safety, rights or well-being, including law enforcement, migration, management of critical infrastructure, insurance, safety components of products, essential services, credit, employment, housing, education and social scoring;
Infer or attempt to infer people’s emotional states or protected characteristics without their consent;
Engage in political campaigning or lobbying, including generating campaign materials personalized to or targeted at specific demographics.
Violent, hateful, or threatening activities. This includes using the Wind Stream Platform to:
Further violent extremism or terrorism;
Describe, encourage, support or provide instructions on how to commit violent acts against persons (including self-harm), animals or property;
Encourage hate speech or discriminatory practices that could cause harm or adverse impact to individuals or communities based on their protected attributes, such as race, ethnicity, religion, nationality, gender, sexual orientation or any other identifying trait;
Shame, humiliate, bully, celebrate the suffering of or harass individuals;
Design, market, or distribute weapons, explosives or other dangerous materials.
Sexually explicit activities. This includes using the Wind Stream Platform to:
Generate pornographic content or content meant for sexual gratification, including activity that describes sexual intercourse, sexual acts, or sexual fetishes or promotes sexual services (excluding sex education and wellness);
Engage in erotic chats.
Child sexual exploitation or abuse activities. We strictly prohibit and will report to relevant authorities and organizations where appropriate any activity or content that exploits or harms children or describes, encourages, supports or promotes any form of child sexual exploitation or abuse in addition to Child Sexual Abuse Material (CSAM).
Sharing Platform Output
To help mitigate some of the risks associated with sharing synthetic or AI-generated content, we require you to do the following:
Manually review, or ensure there is manual review, for each item of Wind Stream Platform output before sharing, publishing or streaming;
In an accessible and easy to understand manner:
Clearly disclose the role of your use of the Wind Stream Platform in generating the Wind Stream Platform output; and
Clearly identify the Wind Stream Platform output as synthetic or AI-generated.
You should not represent Wind Stream Platform output as being either wholly generated by a human or wholly generated by AI; you must take ultimate responsibility for the Wind Stream Platform output being shared, published or streamed.
Wind Stream may monitor your usage of the Wind Stream Platform, and violations by you or your employees, contractors or agents of this AUP could result in action against your account, up to suspension or termination. We request that you notify us at safety@windstream.ai if our Wind Stream Platform outputs inaccurate, biased, or harmful content.
If you have any questions about whether your activity or use case is permitted or prohibited by this AUP, please email us at safety@windstream.ai.