Wind Stream Terms of Use
Welcome to Wind Stream. These Terms of Use (“Terms“) apply to your use of the Wind Stream website at windstream.ai and to any access to the Wind Stream Platform granted to you outside of a signed subscription agreement with Wind Stream, Inc. (”Wind Stream,“ ”we,“ ”us,“ or ”our“).
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. USERS: IF YOU ARE AN INDIVIDUAL WHO RESIDES IN THE UNITED STATES, SECTION 13 REQUIRES THAT YOU AND WIND STREAM RESOLVE MOST DISPUTES THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND THAT YOU WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 13.10. PLEASE READ SECTION 13 CAREFULLY.
1. SCOPE OF THESE TERMS
1.1 Who these Terms apply to. These Terms apply to:
Visitors to the Wind Stream website;
Individuals granted evaluation, beta, or courtesy access to the Wind Stream Platform other than as an Authorized User under an MSA (as defined in Section 1.2) (each, a “Non-Customer User“); and
Any other person who accesses the Wind Stream website or Platform other than under an MSA.
1.2 Who these Terms do NOT apply to. If you access the Wind Stream Platform as an Authorized User (as defined in the applicable MSA) of a customer that has executed a Wind Stream Software Subscription Agreement or other written subscription agreement with Wind Stream (each, an “MSA”), that MSA (and not these Terms) governs your use of the Wind Stream Platform. These Terms have no application to your use of the Wind Stream Platform in that capacity. If you also hold a separate Wind Stream account that is not provisioned under an MSA, these Terms govern your use of that separate account. This scope carve-out is central to these Terms — if you have an MSA in place, stop here and refer to your MSA.
1.3 Acceptance. By accessing the Wind Stream website or by accessing the Wind Stream Platform as a Non-Customer User, you agree to be bound by these Terms and by the Wind Stream Privacy Notice published at windstream.ai/legal/privacy. If you do not agree to these Terms, do not access the Wind Stream website or Platform. You must be at least 18 years old to access the Wind Stream website or Platform.
1.4 Authority. If you access the Wind Stream Platform on behalf of an organization (for example, an employer), you represent and warrant that you have the authority to bind that organization to these Terms. In that case, “you“ refers to both you individually and to that organization. Section 13.11 governs Disputes (as defined in Section 13.2) brought by or against that organization, and Sections 13.2 through 13.10 govern Disputes brought by or against you individually.
2. DEFINITIONS
2.1 “Documentation“ means any user or operator manuals, guides, and materials made available by Wind Stream regarding the Wind Stream Platform.
2.2 “Intellectual Property Rights“ means patent rights, inventions, copyrights, trade secrets, know-how, trademarks, data and database rights, and any other intellectual property rights recognized in any jurisdiction.
2.3 “Platform Content“ means any content you submit to, or generate through, the Wind Stream Platform as a Non-Customer User, including any prompts, inputs, uploaded files, data you make available from Third-Party Services, session trace logs and transcripts transmitted by Client Software, and outputs generated in response.
2.4 “Wind Stream Platform“ means Wind Stream’s proprietary agentic AI-based platform and all associated technology (including the wind command-line interface and other client software (“Client Software“)).
3. WEBSITE USE
3.1 Browsing. You may browse the public portions of the Wind Stream website for informational purposes.
3.2 Prohibited activity. You will not, and will not permit any third party to: (a) use automated tools (including scrapers, crawlers, or bots) to access the website except as permitted by our robots.txt or with our prior written consent; (b) attempt to interfere with, disrupt, or gain unauthorized access to the website or any related systems or networks; (c) reverse engineer, decompile, or attempt to derive the source code of any component of the website; (d) use the website in any way that violates applicable law; or (e) misrepresent your affiliation with any person or entity.
3.3 Marks and content. All content on the Wind Stream website — including the Wind Stream name, logo, trademarks, service marks, text, graphics, images, and software — is owned by or licensed to Wind Stream and is protected by applicable intellectual property laws. No license or right is granted to you by implication or otherwise. You may not use any Wind Stream trademarks without our prior written consent.
4. PLATFORM ACCESS FOR NON-CUSTOMER USERS
This Section 4 applies only to Non-Customer Users granted access to the Wind Stream Platform outside of a signed MSA.
4.1 Grant. Subject to your compliance with these Terms, Wind Stream grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Wind Stream Platform solely for the evaluation, feedback, or courtesy purpose for which access was granted, and subject to any usage limits Wind Stream communicates to you. This right terminates automatically when Wind Stream discontinues your access or when these Terms terminate.
4.2 No fees; no service commitments. Access under this Section 4 is provided without charge and without any service level, availability, or support commitment. Wind Stream may modify, suspend, or discontinue your access at any time, in its sole discretion, without notice and without liability.
4.3 Platform Content — ownership and license. As between you and Wind Stream, and to the extent permitted by applicable law, you own the Platform Content you submit, including any output generated in response to it. You hereby grant Wind Stream a non-exclusive, worldwide, royalty-free license, with the right to sublicense to Wind Stream’s service providers solely to perform services for Wind Stream, for the duration of your access to the Platform, to use, host, reproduce, display, modify and create derivative works of the Platform Content for the purpose of hosting, operating, providing, improving, and developing the Wind Stream Platform and Wind Stream’s products, services, and models (including to train, fine-tune, and evaluate artificial intelligence and machine learning models), to enforce these Terms, and to comply with applicable law. Upon termination of your access, this license terminates, except that Wind Stream may continue to use any models, improvements, or developments created during your access, and Wind Stream will not be required to remove Platform Content from, or retrain, any such model.
Wind Stream may also create and use de-identified or aggregated data derived from your use of the Wind Stream Platform for any lawful purpose.
4.4 Your responsibilities. You represent and warrant that (a) you have all necessary rights to submit any Platform Content you provide; (b) Platform Content will not violate any third party’s Intellectual Property Rights or privacy rights or any applicable law; (c) you will not upload, submit, or transmit to the Wind Stream Platform any Protected Health Information as defined by HIPAA, cardholder data as defined by PCI DSS, or government-classified information, or any information that you do not have the right to disclose to Wind Stream (including confidential information of your employer or any other third party); and (d) you will comply with Section 5 (Acceptable Use).
4.5 Preview features. Any features of the Wind Stream Platform designated as “preview,” “beta,” or “experimental” are provided as-is and may be modified or discontinued at any time. Wind Stream has no obligation to provide support or correct errors in preview features and will have no liability for any harm arising from your use of them.
4.6 Client Software. Subject to your compliance with these Terms, Wind Stream grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and run the Client Software on devices you own or control, solely to access the Wind Stream Platform as permitted by Section 4.1. Wind Stream may provide updates to the Client Software, which may install automatically, and may discontinue support for or disable prior versions. Client Software may include components subject to open source licenses, which govern your use of those components to the extent required by those licenses. You are solely responsible for the permissions you grant to Client Software and for reviewing and approving any commands, file changes, or other actions that Client Software or Platform agents take on your devices or in Third-Party Services. Any license file that accompanies Client Software forms part of, and does not supersede, these Terms.
4.7 Accounts. You must provide accurate and complete information when you create a Wind Stream account and keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and any Client Software authentication credentials, for all activity that occurs under your account, and for promptly notifying Wind Stream at support@windstream.ai of any unauthorized use. You may not share your account or create multiple accounts to circumvent usage limits.
4.8 Third-Party Services. The Wind Stream Platform may allow you to connect to or interact with third-party products, services, and content (for example, GitHub, Figma, or Slack) (“Third-Party Services“). When you connect a Third-Party Service, you authorize Wind Stream to access, and to take actions in, that Third-Party Service on your behalf in accordance with your configuration. Your use of Third-Party Services is governed by your agreements with those third parties, and Wind Stream is not responsible for Third-Party Services or for any compatibility issues, errors, or losses caused by them.
5. ACCEPTABLE USE
You will not, and will not permit any third party to, use the Wind Stream Platform (or any outputs from it):
5.1 General restrictions. (a) In violation of applicable law; (b) to infringe or misappropriate any third party’s Intellectual Property Rights or privacy rights; (c) to attempt to gain unauthorized access to any Wind Stream system, network, or data; (d) to engage in adversarial attacks against Wind Stream’s AI systems, including those described in the NIST AI 100-2 E2025 publication available at https://nvlpubs.nist.gov/nistpubs/ai/NIST.AI.100-2e2025.pdf; (e) for benchmarking or to develop a competing product or service; (f) to train or improve any AI model (e.g., through model scraping or model distillation); (g) to interfere with, disrupt, or degrade the performance of the Wind Stream Platform; (h) to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, models, or algorithms of the Wind Stream Platform or Client Software, except to the extent applicable law expressly permits despite this limitation; (i) to circumvent any usage limits, rate limits, safety filters, or access controls; or (j) to sell, resell, sublicense, or otherwise make the Wind Stream Platform available to any third party.
5.2 Prohibited content and conduct. You will not use the Wind Stream Platform: (a) 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; (b) 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; (c) to impersonate any person or organization in a manner intended to deceive, or to represent outputs as human-authored in any context where such representation would mislead a reasonable recipient; (d) to harass, threaten, intimidate, or stalk any individual, or to generate content directed at a specific individual with the intent to harm them; (e) 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 (f) to re-identify individuals from de-identified data.
6. INTELLECTUAL PROPERTY
6.1 Wind Stream IP. The Wind Stream Platform, the Wind Stream website, all associated software and technology, and all Intellectual Property Rights therein are owned by or licensed to Wind Stream. Except for the limited rights expressly granted in Section 3.1 (Website Use) and Section 4.1 (Grant), no rights are granted to you.
6.2 Feedback. If you provide Wind Stream with any suggestions, comments, feedback, or ideas about the Wind Stream Platform (“Feedback“), you grant Wind Stream a perpetual, irrevocable, royalty-free, fully paid-up, worldwide license to use, exploit, and incorporate the Feedback for any purpose, including without limitation the testing, development, maintenance, and improvement of the Wind Stream Platform.
7. PRIVACY
Wind Stream’s collection and processing of personal information in connection with the Wind Stream website and the Platform is described in the Wind Stream Privacy Notice published at windstream.ai/legal/privacy, which is incorporated into these Terms by reference.
8. CONFIDENTIALITY
If you are a Non-Customer User, you acknowledge that the Wind Stream Platform, Documentation, and any non-public information Wind Stream provides in connection with your access constitute Wind Stream’s confidential information. You will maintain such information in strict confidence and will not disclose it to any third party without Wind Stream’s prior written consent. These obligations do not apply to information that (a) is or becomes publicly available through no fault of yours; (b) was rightfully known to you without restriction before Wind Stream disclosed it; (c) you rightfully receive from a third party without restriction; or (d) you independently develop without use of Wind Stream’s confidential information. You may disclose confidential information as required by law or court order, provided you give Wind Stream reasonable prior written notice where legally permitted.
9. DISCLAIMERS
9.1 As-is. THE WIND STREAM WEBSITE AND PLATFORM (INCLUDING ANY OUTPUT GENERATED BY THE PLATFORM) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WIND STREAM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WIND STREAM DOES NOT WARRANT THAT THE WIND STREAM WEBSITE OR PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
9.2 AI output. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE WIND STREAM PLATFORM MAY PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, OFFENSIVE, OR OTHERWISE UNDESIRABLE. YOU ARE RESPONSIBLE FOR EVALUATING THE CONTENT, NATURE, AND ACCURACY OF ANY OUTPUT AS APPROPRIATE FOR YOUR USE CASE.
9.3 Client software. ANY CLIENT SOFTWARE (INCLUDING THE WIND COMMAND-LINE INTERFACE) IS PROVIDED “AS IS” AND EXECUTES ON DEVICES YOU CONTROL. WIND STREAM DISCLAIMS ALL LIABILITY FOR ANY EFFECTS OF CLIENT SOFTWARE ON YOUR 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. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND APPROVING ANY COMMANDS, FILE CHANGES, OR OTHER ACTIONS THAT CLIENT SOFTWARE OR PLATFORM AGENTS TAKE ON YOUR DEVICES OR IN THIRD-PARTY SERVICES, AND FOR MAINTAINING APPROPRIATE BACKUPS OF YOUR DATA.
10. LIMITATION OF LIABILITY; INDEMNITY
10.1 Exclusion of damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WIND STREAM BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE WIND STREAM WEBSITE OR PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WIND STREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Total liability. IN NO EVENT WILL WIND STREAM’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WIND STREAM WEBSITE OR PLATFORM EXCEED ONE HUNDRED U.S. DOLLARS (US$100). YOU ACKNOWLEDGE THAT THIS LIMITATION IS APPROPRIATE GIVEN THAT ACCESS UNDER THESE TERMS IS PROVIDED WITHOUT CHARGE.
10.3 Basis of the bargain. The limitations in this Section 10 are an essential element of the basis of the bargain between you and Wind Stream and will apply even if any limited remedy fails of its essential purpose.
10.4 Indemnity. To the maximum extent permitted by law, you will indemnify and hold harmless Wind Stream and its officers, directors, employees, and agents from and against any third-party claims, and any related liabilities, damages, losses, and costs (including reasonable attorneys’ fees), arising out of or relating to (a) your Platform Content, (b) your use of the Wind Stream Platform or any output in violation of these Terms, or (c) your violation of applicable law or any third party’s rights.
11. TERM AND TERMINATION
11.1 Term. These Terms apply from the moment you first access the Wind Stream website or Platform and continue until terminated in accordance with this Section 11.
11.2 Termination by Wind Stream. Wind Stream may terminate or suspend your access to the Wind Stream website or Platform at any time, for any reason or no reason, in its sole discretion, with or without notice.
11.3 Termination by you. You may terminate these Terms at any time by ceasing use of the Wind Stream website and Platform. If you have Non-Customer User access to the Platform, you may request that Wind Stream close your access by contacting support@windstream.ai.
11.4 Effect of termination. Upon termination: (a) all rights granted to you under these Terms terminate; (b) you must cease all use of the Wind Stream Platform and destroy any Client Software copies in your possession; and (c) subject to applicable law and the Privacy Notice, Wind Stream may, in its discretion, retain or delete any Platform Content you submitted. If you wish to request retention or export of your Platform Content prior to deletion, contact privacy@windstream.ai. Nothing in this Section 11.4 limits any right you may have under applicable law to request access to or deletion of your personal information as described in the Privacy Notice.
11.5 Survival. Sections 2 (Definitions), 4.3 (Platform Content), 4.4 (Your Responsibilities), 6 (Intellectual Property), 8 (Confidentiality), 9 (Disclaimers), 10 (Limitation of Liability; Indemnity), 11.4 (Effect of Termination), 11.5 (Survival), 13 (Governing Law and Dispute Resolution), and 14 (General) survive termination of these Terms.
12. CHANGES TO THESE TERMS
Wind Stream may update these Terms from time to time. If we make material changes, we will provide at least thirty (30) days’ notice before the changes take effect, either by posting the updated Terms at windstream.ai/legal/tos with a prominent notice or by other reasonable means, and, if you have a Wind Stream account, by email to the address associated with your account or by notice within the Platform. Where required by applicable law, or where Wind Stream otherwise requests it, you will be asked to affirmatively accept the updated Terms before you continue to use the Platform. Continued use of the Wind Stream website or Platform after the effective date of updated Terms constitutes your acceptance of the updated Terms. Non-material changes (such as typographical corrections or clarifications that do not affect your rights or obligations) will take effect upon posting. Any change to Section 13 will not apply to any Dispute of which Wind Stream had actual notice before the effective date of the change.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1 Governing law. These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
13.2 Agreement to arbitrate. Sections 13.2 through 13.10 (the “Arbitration Agreement“) apply if you are an individual who resides in the United States, including when you bring or defend a claim in your individual capacity after accepting these Terms on behalf of an organization. You and Wind Stream agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Wind Stream website, or the Wind Stream Platform, including the breach, termination, enforcement, interpretation, or validity of these Terms (collectively, ”Disputes“), will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. YOU AND WIND STREAM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. This Arbitration Agreement does not apply to any Dispute that arose before, or of which Wind Stream had actual notice before, [EFFECTIVE DATE]; those Disputes are governed by the dispute resolution terms in effect when they arose. This Arbitration Agreement survives termination of these Terms.
13.3 Exceptions. Notwithstanding Section 13.2, (a) either party may bring an individual claim in small claims court if it qualifies; and (b) either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement or misappropriation of its Intellectual Property Rights.
13.4 Informal resolution. Before starting an arbitration, the party asserting a Dispute must send the other party a written notice describing the Dispute and the relief requested (a “Notice of Dispute“). Your Notice of Dispute must be sent to legal@windstream.ai and include your name, the email address associated with your account (if any), and a description of the Dispute and the relief you seek. Wind Stream’s Notice of Dispute will be sent to the email address associated with your account. For sixty (60) days after a Notice of Dispute is received, the parties will try in good faith to resolve the Dispute informally, which may include a telephone or video conference. Any applicable statute of limitations and filing-fee deadlines are tolled while the parties engage in this process. If the Dispute is not resolved within that period, either party may start arbitration.
13.5 Arbitration rules and procedure. The arbitration will be administered by the American Arbitration Association (“AAA“) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules (together, the ”AAA Rules“), in each case as in effect when the demand for arbitration is filed and as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org. Any hearing will take place in the county where you live, or by video conference, unless the parties agree otherwise. The arbitrator will have exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this Arbitration Agreement, except that a court of competent jurisdiction will decide (a) whether this Arbitration Agreement was validly formed or applies to a Dispute that arose before [EFFECTIVE DATE], and (b) any dispute about the enforceability of Section 13.7, 13.8, or 13.9.
13.6 Arbitration costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, and Wind Stream will pay the fees for which it is responsible within the time required by the AAA Rules and applicable law. Wind Stream will not seek to recover from you the administration or arbitrator fees for which it is responsible unless the arbitrator finds your Dispute frivolous. If Wind Stream prevails in arbitration, it will not seek to recover its attorneys’ fees and costs from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
13.7 Injunctive and declaratory relief. Except as provided in Section 13.3, the arbitrator will decide all issues of liability on the merits of any claim and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If you or Wind Stream prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a court of competent jurisdiction and not in arbitration. Litigation of any such request will be stayed pending the outcome of the merits of any individual claims in arbitration.
13.8 Class action waiver. YOU AND WIND STREAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, or representative proceeding, except as expressly provided in Section 13.9. If this Section 13.8 is found to be unenforceable, then the entirety of this Arbitration Agreement (other than this sentence) will be null and void.
13.9 Mass filings. If twenty-five (25) or more similar demands for arbitration are filed by or against Wind Stream by or with the assistance of the same or coordinated counsel or other entities (a “Mass Filing“), the AAA Mass Arbitration Supplementary Rules will apply, together with the following to the extent consistent with those rules: (a) counsel for the claimants and Wind Stream will each select [ten (10)] demands to proceed first (the ”Initial Cases“), and the remaining demands will be held in abeyance, with no fees assessed for them, until the Initial Cases are resolved; (b) after the Initial Cases are resolved, the parties will participate in a global mediation of the remaining demands, with Wind Stream paying the mediator’s fees; (c) if the remaining demands are not resolved within [ninety (90)] days after the Initial Cases are resolved, they will proceed in accordance with the AAA Rules, and any remaining claimant may instead elect, by written notice to Wind Stream, to pursue their individual claim in court in accordance with Section 13.11; and (d) all applicable statutes of limitations and filing-fee deadlines are tolled for each demand from the date it is held in abeyance until it proceeds. The outcome of any Initial Case is not binding on any person who was not a party to it. A court of competent jurisdiction will have authority to enforce this Section 13.9.
13.10 Right to opt out. You may opt out of this Arbitration Agreement by sending an email to legal@windstream.ai within thirty (30) days after you first accept these Terms (or, if you accepted a prior version of these Terms, within thirty (30) days after this version first applies to you), stating your name, the email address associated with your account (if any), and that you wish to opt out of arbitration. If you opt out, Disputes between you and Wind Stream will be resolved as provided in Section 13.11, and the remainder of these Terms will continue to apply.
13.11 Courts. If you are an entity, if you are an individual who does not reside in the United States, if you have opted out under Section 13.10, or for any Dispute that is not subject to arbitration under this Section 13 (including claims under Section 13.3(b), requests for public injunctive relief under Section 13.7, and claims a claimant elects to pursue in court under Section 13.9), any legal action or proceeding arising out of or relating to these Terms (other than a small claims action under Section 13.3(a)) will be brought exclusively in the state or federal courts located in San Francisco County, California, and you and Wind Stream irrevocably consent to the personal jurisdiction and venue of those courts.
13.12 Severability. Except as provided in Section 13.8, if any part of this Arbitration Agreement is found invalid or unenforceable, the remainder of this Arbitration Agreement will continue to apply.
14. GENERAL
14.1 Entire agreement. These Terms constitute the entire agreement between you and Wind Stream regarding your use of the Wind Stream website and any Non-Customer User access to the Wind Stream Platform. For the avoidance of doubt, if you access the Wind Stream Platform under an executed MSA, that MSA governs and supersedes these Terms with respect to your Platform use.
14.2 Waiver. No waiver of any provision of these Terms will be effective unless in writing and signed by Wind Stream. Wind Stream’s failure to enforce any provision of these Terms will not constitute a waiver of future enforcement.
14.3 Severability. Except as provided in Section 13.8, if any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
14.4 Assignment. Except where applicable law provides otherwise, you may not assign or transfer these Terms without Wind Stream’s prior written consent. Any attempted assignment without consent is void. Wind Stream may assign these Terms without restriction, including to any successor to all or substantially all of its business or assets.
14.5 Force majeure. Wind Stream will not be liable for any failure or delay in performance due to causes beyond its reasonable control, including labor disputes, denial-of-service attacks, telecommunications failure, governmental orders, pandemics, war, terrorism, or acts of God.
14.6 Export controls. You represent that you are not named on any U.S. government denied-party list and agree to comply with all applicable export control and sanctions laws.
14.7 No third-party beneficiaries. These Terms are for the sole benefit of you and Wind Stream and do not confer any rights or remedies on any third party.
14.8 Notices. Wind Stream may give you notices under these Terms by email to the address associated with your account, through the Platform, or by posting on the Wind Stream website. Notices by email are deemed given when sent. You may give notices to Wind Stream at legal@windstream.ai.
14.9 Contact. Questions about these Terms may be directed to legal@windstream.ai.
Copyright © 2025–2026 Wind Stream, Inc. All rights reserved.