Terms of Service

1. Acceptance

By accessing or using the etradewind.com website, the SaaS platform, or any done-for-you services (collectively, the "Services"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Services.

2. The Services

Etradewind provides: (a) a SaaS marketing platform with multi-channel content generation, approval workflows, audit trails, and per-domain email infrastructure; (b) self-serve tools and free utilities; (c) done-for-you ("DFY") engagements scoped per project. SaaS subscriptions are governed by the tier you select; DFY engagements are governed by a separate Statement of Work.

3. SaaS subscription terms

Subscription tiers (Starter, Growth, Scale) are billed monthly or annually as you select. Beta pricing is locked-in for early-access subscribers for the duration of an active subscription. Upgrades take effect immediately with prorated charges; downgrades take effect at the next billing cycle. You may cancel at any time; refunds are issued per our cancellation policy in the FAQ.

4. Done-for-you (DFY) engagement clauses

DFY engagements are scoped via a Statement of Work ("SOW") that specifies deliverables, timeline, milestones, and fees. Standard terms:

• Payment: 50% on SOW execution, 50% on completion, unless milestones specify otherwise.
• Scope changes: any change to scope is documented in writing and may adjust fees and timeline.
• IP ownership: on full payment, you own all custom-built deliverables. Etradewind retains ownership of pre-existing tools, libraries, and methodologies.
• Hosting and infrastructure: you are responsible for ongoing hosting costs (Linode, AWS, etc.) unless explicitly bundled into the SOW.
• Warranty: 30-day post-launch bug fix warranty included; ongoing maintenance is a separate engagement.

5. Acceptable use

You agree not to: (a) use the Services for unlawful purposes, (b) violate intellectual property rights of others, (c) send spam or unsolicited communications, (d) circumvent security measures or rate limits, (e) reverse-engineer the platform, (f) use the Services to train competing AI models on data scraped from the platform.

6. Customer responsibilities

You are responsible for: (a) the accuracy of content you submit, (b) approval of all AI-generated outputs before they are published, (c) compliance with applicable laws (CAN-SPAM, GDPR, advertising regulations), (d) maintaining the security of your account credentials, (e) bringing-your-own AI provider keys where applicable and adhering to that provider's terms.

7. AI outputs disclaimer

AI-generated outputs are provided as drafts requiring operator review. We do not warrant accuracy, completeness, or fitness for purpose. You are solely responsible for reviewing, editing, and approving any AI output before publication. Etradewind is not liable for content published from AI drafts.

8. Fees and billing

Fees are charged in advance for the billing period. Late payments accrue interest at 1.5% per month or the maximum legal rate, whichever is lower. Disputed charges must be submitted within 30 days of the invoice date.

9. Termination

Either party may terminate a SaaS subscription at the end of the billing period. Etradewind may terminate immediately for breach of acceptable use, non-payment, or fraud. DFY engagements may be terminated per the SOW; partial fees are due for work completed.

10. Limitation of liability

To the fullest extent permitted by law, Etradewind's aggregate liability under these Terms is limited to the fees paid by you in the 12 months preceding the claim. We are not liable for indirect, consequential, or special damages, including lost profits or lost data, except to the extent caused by gross negligence or willful misconduct.

11. Indemnification

You agree to indemnify and hold Etradewind harmless from claims arising out of: (a) your use of the Services, (b) content you submit or publish, (c) your violation of these Terms, (d) your violation of applicable law or third-party rights.

12. Governing law

These Terms are governed by the laws of the State of [Jurisdiction], United States, without regard to conflict of laws principles. Disputes are resolved by binding arbitration in [Jurisdiction], except that either party may seek injunctive relief in court.

13. Changes

We may update these Terms from time to time. Material changes will be communicated via email at least 30 days before the change takes effect. Continued use of the Services after the effective date constitutes acceptance.

14. Contact

For Terms questions, email hello@etradewind.com.