Who We AreWindEverest products are provided by WindEverest Corp., a Delaware corporation. For more information about WindEverest, please visit https://www.windeverest.com/about.
Paid AccountsBilling: You can upgrade your account to access paid features, which would turn your account into a paid account. When you do that, we’ll automatically bill you from the date you convert to a paid account and on each periodic renewal until cancellation. You are responsible for all applicable taxes, and we’ll charge tax when required. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws. Refunds: You may cancel your WindEverest paid account at any time (instructions on how to do that are here). Refunds are issued if they are required by law.Downgrades: Your paid account will remain in effect until it’s canceled or terminated under these terms. If you don’t pay for your paid account on time, we reserve the right to suspend it or reduce your access to the free version of our products.Free trials: WindEverest may offer a free trial membership. If you are using a free trial membership and cancel it before the end of the trial period, all your rights to any remaining free trial period will end (unless you started your trial via our iOS app, in which case your trial will continue until the end of the trial period). Typically, we will only offer one free trial per user.Changes: We may change the fees in effect but will give you advance notice before those changes take effect. Any change in prices will apply to your next billing cycle.
Your Ownership of Your Data and the Limited Permissions You Give UsUser Content refers to the text and documents you enter, upload, and transmit when you use our products.You own your User Content; WindEverest doesn’t own it. To provide our products to you, we need your permission (in legal language, a license) to use your User Content.You grant us a license to your User Content for the limited purposes of:Operating, providing, improving, troubleshooting, and debugging our products (for example, your acceptance or rejection of suggestions may help train our suggestion engine); Protecting our products (for example, to analyze patterns in usage to prevent abuse); Customizing our products (for example, to create personalized suggestions for you); Developing new products or features (for example, creating our tone detector); and Using information you upload or provide to us (such as your name) to encourage other people in your organization to join your WindEverest Business team account.The license you give us is only for the above purposes. That means we will not, for example, sell or license your User Content to third-party data brokers.
The license you grant us is: Worldwide (so you can access your User Content from anywhere in the world);Non-exclusive (meaning you own your User Content and can also license it to other people or companies);Royalty-free (meaning we don’t pay you for it); andFor as long as intellectual property laws protect your User Content.The license you give us allows us to—solely for the purposes outlined above—store, reproduce, use, publish, and publicly display (to show your User Content to you), modify, and create derivative works of (such as providing writing suggestions and autocorrecting words) your User Content. The license you give us also permits our service providers to assist us in doing this.WindEverest does not own, control, verify, or endorse User Content. You are responsible for all of your User Content. That means you should back up all your User Content and not do anything illegal or harmful with it (including violate any intellectual property or trade secret laws).Our Intellectual Property Rights and License to YouSome of our products allow you to download client software. So long as you comply with these terms, we give you a limited, non-exclusive, non-transferable, revocable license to use our client software solely to access the products.Our products are protected by copyright, trademark, and other laws. Except for this limited license, we reserve all right, title, and interest in our products, trademarks, logos, and other brand features. We welcome feedback, but you agree that we can use that feedback without restriction or any obligation to you.
WindEverest BusinessBusiness terms. When you sign up for WindEverest Business, your organization’s terms will govern your use of your WindEverest team account.
Using WindEverest Business. If you join a WindEverest Business team account, you must use the products in compliance with your organization’s terms and policies. Please note that WindEverest team accounts are subject to your organization’s control. Your administrators can downgrade, restrict, or terminate your access to a WindEverest team account and view information about it.
Limitations on Use and ResponsibilitiesAcceptable Use Policy. You must comply with our Acceptable Use Policy when you use our products.Keeping your account information up to date and safe. You are responsible for safeguarding your password to our products. Don’t share your account credentials or give others access to your account. We will use your account email address to contact you about our products, so you must ensure that your account information stays current.
Minimum age requirements. To use our products, you must be at least 13 if you reside in the United States and 16 if you reside anywhere else. If the law where you reside requires that you are older for us to lawfully provide our products to you without parental consent (including using your information), you must be that age. You may not use our products if you don’t meet these age requirements.
TerminationWe reserve the right to suspend or terminate your access to our products with notice to you if: (a) you have breached these terms or our Acceptable Use Policy, (b) you use the products in a manner that would cause a real risk of harm or loss to other WindEverest users or us, or (c) you don’t have a paid account and haven’t accessed our products for 12 consecutive months.Before suspending or terminating your account, we’ll (1) provide you with reasonable advance notice via the email address associated with your account so you can try to remedy the activity that prompted us to contact you and (2) allow you to export your documents from our products. If you fail to take the steps we ask of you after such notice, we’ll terminate or suspend your access to our products.We won’t provide notice before termination where we believe that: (a) you’re in material breach of these terms or our Acceptable Use Policy, (b) doing so would cause us legal liability or compromise our ability to provide our products to our other users, or (c) the law prohibits us from providing notice.
When this agreement terminates for any reason, all the sections one would expect to survive will survive, including, but not limited to, “Warranty Disclaimers,” “Limitation of Liability,” “Resolving Disputes,” “Miscellaneous Legal Terms,” “Our Intellectual Property Rights and License,” and “Paid Accounts.” The termination of this agreement doesn’t affect any amounts owed before that termination.
Discontinuation and Modification of ProductsWe are continually changing and improving our products, and we may add or remove features or functionality. If we discontinue a product, where reasonably possible we will give you reasonable advance notice and a chance to download your stored User Content.
Open Source Software, Reverse Engineering, and Automatic UpdatesTo the extent any component of our Software may be offered under open-source license terms that we make available to you, see here for a list of the open-source software that we use. The provisions of open-source licenses may expressly override some of these terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile our products, attempt to do so, or assist anyone in doing so. Our products may update themselves automatically to ensure you’re using the latest version.
Third-Party WebsitesAny links to third-party websites or apps are provided for your convenience only and are subject to the third party’s terms. WindEverest isn’t responsible or liable for those websites, products, or services.
Beta ProductsWe sometimes release products and features that we are still testing and evaluating. We will mark these products with the words “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings). If you decide to use them, please remember that they may not be as reliable or as thoroughly tested as our other products. To improve and evaluate these products, we will log and analyze information about how you use and interact with them.
Warranty DisclaimersTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINDEVEREST, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS AND DISTRIBUTORS (COLLECTIVELY, THE “WINDEVEREST ENTITIES”), EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING OUR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, OR REGARDING SECURITY, QUIET ENJOYMENT, RELIABILITY, TIMELINESS, AND PERFORMANCE. YOU AGREE THAT YOUR USE OF OUR PRODUCTS ARE AT YOUR OWN SOLE RISK AND THAT OUR PRODUCTS ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE WINDEVEREST ENTITIES DO NOT WARRANT THAT THE OPERATION OF OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE. WINDEVEREST’S AFFILIATES AND THE WINDEVEREST ENTITIES’ SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.
Limitation of LiabilityIN COUNTRIES WHERE LIABILITY LIMITATIONS ARE ALLOWED, IN NO EVENT SHALL THE WINDEVEREST ENTITIES BE LIABLE WITH RESPECT TO THE PRODUCTS FOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES YOU HAVE ACTUALLY PAID TO THE WINDEVEREST ENTITIES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY; (II) ANY LOST PROFITS, LOST OR DAMAGED CONTENT OR OTHER DATA, OR FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE; OR (III) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN WINDEVEREST AND YOU. YOU UNDERSTAND THAT OUR PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.Certain countries and states don’t allow the limitation of certain damages, so some or all of this limitation of liability may not apply to you, and you may have additional rights. In that case, you agree that the WindEverest Entities’ liability is limited to the maximum extent permissible in your country of residence.IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THESE TERMS. WINDEVEREST’S AFFILIATES AND THE WINDEVEREST ENTITIES’ SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.
Resolving DisputesLet’s try to sort things out first. Before filing a claim against WindEverest, you agree to try to resolve the dispute informally by contacting email@example.com. We’ll try to resolve the dispute informally by contacting you via email. If you and we cannot resolve the dispute informally, then a party seeking to bring a formal proceeding must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to WindEverest should be sent to 1623 Lake Wilderness Ln, Kingwood, TX, 77345, Attn: Legal Department. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If WindEverest and you do not resolve the claim within sixty (60) calendar days after receiving the Notice, you or WindEverest may commence a formal proceeding.
Judicial forum for disputes. You and WindEverest agree that any judicial proceeding to resolve claims relating to these terms or our products will be brought in the federal or state courts of Harris County, Texas, subject to the mandatory arbitration provisions below. Both you and WindEverest consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts (for example, European Union member states), this paragraph doesn’t affect those requirements.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:We both agree to arbitrate. You and WindEverest agree to resolve any claims relating to these terms or our products through final and binding arbitration by a single arbitrator, except as set forth under “Exceptions to agreement to arbitrate” below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.Opt-out of agreement to arbitrate. You have the right to opt out of these arbitration provisions (and any future changes to arbitration provisions) by emailing firstname.lastname@example.org within 30 days of agreeing to a version of these terms containing arbitration terms (however, if you agreed to a previous version of these terms of service that contain an arbitration provision, you are still bound by those arbitration provisions).
Arbitration procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Harris County, Texas, or any other location we agree to. During the arbitration, the amount of any settlement offer made by WindEverest or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or WindEverest is entitled.
Arbitration fees and incentives. The AAA rules will govern the payment of all arbitration fees. WindEverest will pay all arbitration fees for individual arbitration for non-frivolous claims less than $75,000. WindEverest will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to agreement to arbitrate. Either you or WindEverest may assert claims, if they qualify, in small claims court in Harris County, Texas, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the products or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Harris County, Texas, to resolve your claim.NO CLASS ACTIONS. You may only resolve disputes with us individually. That is, you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Severability. If the “NO CLASS ACTIONS” paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void. If you are found to have a non-waivable right to bring a specific claim or request a specific form of relief that an arbitrator lacks the authority to redress or award under this “Mandatory Arbitration Provisions” section, including public injunctive relief, then only that particular claim or request may be brought in court, and you and we agree that litigation of this claim or request will be stayed pending the resolution of any other claims or requests for relief in arbitration.
Controlling LawTexas law will govern these terms except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
Miscellaneous Legal TermsEntire AgreementThese terms make up the entire agreement between you and WindEverest Corp., regarding your use of our products. They supersede any prior agreements.
Waiver, Severability, and AssignmentWindEverest’s failure to enforce a provision is not a waiver of its right to do so later. If a provision (other than the “NO CLASS ACTIONS” paragraph) is unenforceable, the remaining provisions will remain in full effect, and an enforceable term will be substituted with the goal of reflecting our intent as closely as possible. You may not assign any of your rights or obligations under these terms, and any such attempt will be void. WindEverest may assign its rights to any of its affiliates or subsidiaries or any successor in interest of any business associated with the products.
Modifications to These TermsFrom time to time, we may revise these terms to, for example, reflect changes to the law, new regulations, and changes to our products.If an update significantly negatively affects your use of our products or your legal rights as a user of our products, we’ll notify you before the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. We will give you at least 30 days after that notice before the update takes effect.
We may also update these terms in ways that won’t significantly negatively affect your rights. For example, we may change the feature or product names or change the email address you can use to contact us. In those cases, we will post the change to our website.
If you don’t agree to the updates we make, you must cancel your account before they become effective. Where required, we’ll offer you a prorated refund based on the amounts you have prepaid for our products and your account cancellation date. By using or accessing the products after the updates come into effect, you agree to be bound by the revised terms.
Your Content Submissions – WindEverest allows users to submit content, such as comments and images, or other user generated content on some or all of our sites which we post on the Services with your consent. Users who choose to sign up for this service must provide a user name and email address. We receive any Personal Data in the comments or images you submit to us. We process this Personal Data as long as we have a legitimate interest and based on your consent. If, in addition to you, other persons are identifiable in the content you provide, you must obtain consent from those persons prior to publication.Your Location “Location Data” is collected with your consent or inferred as you use the Services. Such information will include the location of the mobile device or computer used to access the Services derived from GPS or WiFi use, your device’s IP Address, or the geographic information you provide to us (e.g. your city). We use this information to analyze the use of the Services, customize and improve the content for you on the Services, send you location-specific content, and show you events or businesses near you. We use and retain the Personal Data for as long as necessary and useful to provide personalized and improved services to you or until you withdraw consent.
Your Social Media Interactions – We receive Personal Data about you when you interact with us using the social media aspects to our Sites, on our social media pages and channels, or on other channels and content. The Personal Data includes profile name, profile identifier, and the content of your submissions. We use this information to communicate with you and for internal purposes until you withdraw consent or we do not use the social media pages anymore. Please review the privacy policies and settings of any websites, mobile applications, or social networks should you have any questions about their privacy practices. Please note that any content (e.g. comments, photographs, information and other materials) that you post directly to our Sites, including our social media pages, is public and can be read, collected or used by others. Please be cautious when disclosing any Personal Data through public activities or submissions.
IV. Enabling Services on the SitesWe offer a variety of services and functions through the Services. Personal Data that is collected through the Services will be used/and or disclosed to third-parties in order to enable us to provide the Services. For example, the Services allow you to interface with third-party websites, content, advertising, and features. To facilitate that interaction, we use your Personal Data and/or disclose your Personal Data to the third-party operating the websites and features.
V. Legal and Other Similar UsesThough we make every effort to preserve user privacy, WindEverest may need to disclose Personal Data when required by law when we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on WindEverest or its affiliates. If we intend to turn over information related to you for any of these reasons we will use commercially reasonable efforts to provide you with advance notice, unless we are prohibited from doing so by law or court order.
X. Merger, Sale or Other Asset TransfersIn the event WindEverest goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, your information may be disclosed in connection with the negotiation of such transaction and/or sold or transferred as part of such a transaction as permitted by law and/or contract.
XI. Children’s PrivacyWe care about the privacy of children. Accordingly, we do not direct our Sites to children under the age of 16 or knowingly collect Personal Data from them. If we learn that a user is under 16, we will promptly delete any Personal Data that the individual has provided to us.
XII. How We Protect Personal DataWindEverest has technical, administrative and physical safeguards in place to help protect against unauthorized access to, use or disclosure of Personal Data we maintain. Under our security practices, access to personally identifiable information is authorized only for those who have a business need for such access, and sensitive records are to be retained only as long as necessary for business or legal needs and destroyed before disposal. Although we work hard to protect personal information that we collect and store, no program is one hundred percent secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose personal information.If you become aware of a security issue, please email us at privacy@WindEverest.com. We will work with you to address any problems.
XIII. How Long We Keep Personal DataWe retain the information we collect about you for as long as necessary to fulfill the purpose we collected it for and for the purpose of satisfying any legal, accounting or reporting requirements. To determine the appropriate retention period, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Authorized AgentYou may authorize an agent to submit requests to exercise any of the rights above to us by having them email us at privacy@WindEverest.com. Under the CCPA, an authorized agent is a person or a business registered with the California secretary of state, authorized on your behalf to submit these requests. We will still need to verify your identity unless your agent has a signed power of attorney on your behalf. We reserve the right to deny any request if an agent cannot provide proof that they are authorized.
How to Contact Us:
Attn. Legal Department, WindEverest 1623, Lake Wilderness Ln, Kingwood, TX.