Terms of Service

These Terms of Service ("Terms") govern your access to and use of the software services (the "Service") provided by designwinds, Inc. ("designwinds", "we", "us"). By signing an Order Form, creating an account, or using the Service, you agree to these Terms on behalf of yourself and your company ("Customer", "you").

designwinds provides cloud-based software for preconstruction takeoff, estimating, and bid management. We make the Service available on a subscription basis as described in your Order Form. We will use commercially reasonable efforts to make the Service available 99.5% of each calendar month, excluding scheduled maintenance and circumstances beyond our reasonable control.

You are responsible for all activity under your account, including activity by your named users. You agree to keep login credentials confidential, use SSO when available, and notify us promptly if you believe an account has been compromised.

You retain all right, title, and interest in data you upload to the Service ("Customer Data"). We process Customer Data only to operate the Service, prevent abuse, and comply with law. We do not sell, rent, or share Customer Data with third parties. At any time you may export your Customer Data from within the application in CSV or JSON format.

You agree to pay the fees specified in your Order Form. Fees are invoiced annually in advance unless otherwise stated. Unpaid invoices accrue late fees at the lesser of 1.5% per month or the maximum allowed by law. If you dispute an invoice in good faith, notify us within 30 days and we will work with you to resolve it.

The term of your subscription is specified in your Order Form. Either party may terminate for uncured material breach on 30 days' written notice. On termination, you will be able to export Customer Data for 60 days, after which we will delete it in accordance with our data retention policy.

Each party will protect the other party's non-public information with the same care it uses for its own, and not less than reasonable care. Confidentiality obligations survive termination for three years.

We warrant that the Service will perform materially in accordance with our documentation. EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE IS PROVIDED "AS IS" AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, or consequential damages. Each party's aggregate liability under these Terms is limited to the fees paid by Customer in the twelve months preceding the claim.

These Terms are governed by the laws of the State of Ohio, without regard to conflict of laws principles. Exclusive jurisdiction lies with the state and federal courts located in Cleveland, OH.

We may update these Terms from time to time. We will post the updated Terms with a new "Last updated" date and, for material changes, notify active customers at least 30 days in advance.

Questions about these Terms? Email hello@designwinds.com.