Welcome to Wind Stream. These Terms of Service ("Terms") govern your access to and use of the Wind Stream platform, websites, and related services (collectively, the "Services") provided by Wind Stream, Inc. ("Wind Stream," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services.

1. Acceptance of Terms

By creating an account, accessing, or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

These Terms may be updated from time to time. Material changes will be communicated to you, and your continued use of the Services after such updates constitutes acceptance of the revised Terms.

2. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements and that all registration information you submit is accurate and current.

3. Accounts

To access most features of the Services, you must register for an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Maintain the security and confidentiality of your login credentials
Notify us immediately of any unauthorized access or use of your account
Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we determine, in our sole discretion, pose a risk to the Services or other users.

4. Subscription and Billing

Certain features of the Services require a paid subscription. By subscribing, you agree to pay the applicable fees as described at the time of purchase. Unless otherwise stated:

Subscriptions automatically renew at the end of each billing cycle
Fees are non-refundable except as required by law
You are responsible for all applicable taxes
We may change pricing with reasonable advance notice

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period.

5. Acceptable Use

You agree not to use the Services to:

Violate any applicable law, regulation, or third-party right
Upload, transmit, or distribute harmful, infringing, or unlawful content
Attempt to gain unauthorized access to the Services or related systems
Interfere with or disrupt the integrity or performance of the Services
Reverse engineer, decompile, or otherwise attempt to extract source code
Use the Services to develop a competing product or service
Misrepresent your identity or affiliation with any person or organization
Engage in any activity that could harm Wind Stream, our users, or third parties

We reserve the right to investigate violations and take appropriate action, including content removal and account suspension.

6. User Content

You retain ownership of any content you submit, upload, or otherwise make available through the Services ("User Content"). By providing User Content, you grant Wind Stream a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, and display such content solely as necessary to operate and improve the Services.
You are solely responsible for your User Content and represent that you have all necessary rights to provide it. You agree that your User Content will not violate any third-party rights or applicable laws.

7. AI-Generated Content

The Services include features that generate output using artificial intelligence and machine learning models. You acknowledge that:
AI-generated output may contain inaccuracies, errors, or biases
You are responsible for reviewing and verifying any AI-generated content before relying on it
Wind Stream makes no warranties regarding the accuracy or fitness of AI-generated output
You should not use the Services for high-stakes decisions without human review
You retain the rights to outputs generated through your use of the Services, subject to the limitations of applicable law and the underlying model providers' terms.

8. Intellectual Property

The Services, including all software, content, design, and trademarks, are owned by Wind Stream or our licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.
You may not copy, modify, distribute, or create derivative works of the Services without our prior written consent.

9. Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Services, you consent to the practices described in our Privacy Policy.

10. Confidentiality

In connection with your use of the Services, you may have access to non-public information about Wind Stream or other users. You agree to maintain the confidentiality of such information and not to disclose it to third parties without authorization.

11. Third-Party Services

The Services may include integrations with or links to third-party products and services. Wind Stream is not responsible for the availability, accuracy, or content of any third-party services, and your use of them is governed by their respective terms.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WIND STREAM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WIND STREAM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

Our total liability for any claim arising under these Terms will not exceed the amount you paid to Wind Stream for the Services in the twelve months preceding the claim.

14. Indemnification

You agree to indemnify and hold harmless Wind Stream and its affiliates from any claims, damages, liabilities, and expenses arising out of your use of the Services, your User Content, or your violation of these Terms.\

15. Termination

You may terminate your account at any time by following the instructions in your account settings. We may suspend or terminate your access to the Services at any time, with or without cause or notice, including if we believe you have violated these Terms.

Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination will remain in effect.

16. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any disputes arising under these Terms will be resolved exclusively in the state or federal courts located in San Francisco, California.

17. Changes to the Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any such changes.

18. Miscellaneous

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Wind Stream regarding the Services. If any provision is found unenforceable, the remaining provisions will continue in full force. Our failure to enforce any right or provision will not constitute a waiver of such right or provision.

19. Contact Us

If you have any questions about these Terms, please contact us at:

Wind Stream, Inc. hello@windstream.ai San Francisco, California