Terms & Conditions
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This Services Agreement (“Agreement”) is applicable as of the effective date of an applicable signed order form (such form an “Order Form” and such date the “Effective Date”) and is between WindSketch (“Company”), and the customer set forth on the Order Form (“Customer”). In the event of any inconsistency or conflict between the terms of this Agreement and the terms of any Order Form, the terms of the Order Form control.
1.1. Subject to the terms of this Agreement, the Company will use commercially reasonable efforts to provide Customer the Services. As part of the registration process, Customer will identify an administrative username and password for Customer’s Company account. Company reserves the right to refuse registration of, or cancel passwords it deems inappropriate.
1.2. Subject to the terms hereof, Company will provide Customer with reasonable technical support services.
2.1. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any related software, documentation, or data; modify, translate, or create derivative works based on the Services or any related software, use the Services or any related software for time sharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
2.2. The Customer will comply with all export laws and restrictions of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. The U.S. Government’s use of the Software and documentation will follow this Agreement’s terms.
2.3. The Customer agrees to use the Services according to Company’s standard policies and all applicable laws and regulations. Any claim or action arising from an alleged violation or otherwise from the Customer’s use of Services will be the Customer’s responsibility.
2.4. Customers shall handle all equipment and ancillary services required for the Services and ensure the security of the equipment, account, and passwords.
3.1. Both parties understand that they may share proprietary information. They commit to protect and not misuse or share this information except as necessary for the Services.
3.2. Company has the right to analyze data and other information related to the provision, use, and performance of the Services and use this data for business and service enhancement purposes.
4.1. Customers will pay the applicable fees as per the Order Form. The Company can change the Fees with prior notice. Any disputes in billing should be communicated within 60 days.
4.2. If billed through an invoice, the payment must be received within seven (7) days. Late payments may result in additional charges and potential termination of the Service.
5.1. The Agreement runs for the Initial Service Term and can be renewed unless terminated by either party.
5.2. Either party can terminate the Agreement with a notice in case of a material breach. Payment is due up to the last day of Service.
6.1. “Authorized User” is defined by WindSketch INC criteria. The Customer must ensure that Authorized Users follow all applicable laws and this Agreement.
6.2. Users are identified by an email and password. The Customer is responsible for the conduct of its Authorized Users.
6.3. Access restriction applies to certain individuals and entities based on legal or regulatory considerations.
6.4. Authorized Users can be added with a prorated fee.
Services will be maintained to the industry standard. Scheduled or emergency maintenance might cause temporary unavailability. No warranty is provided for uninterrupted or error-free services.
Company’s liability is limited to the Agreement’s terms and won’t exceed the fees paid by the Customer in the past 12 months.
The Agreement is governed by the laws of the State of California. Any provision found unenforceable will be modified to remain in effect. This Agreement is the sole understanding between both parties.
WindSketch can use the Customer’s branding to identify them as a client, in line with the Customer’s guidelines. Aggregated and anonymized data may be used for marketing, but it won’t identify the Customer or any individual.