Agreement. The following Terms of Service (the "Terms") constitute a binding agreement between you and WindBorne Systems Inc. ("WindBorne, " “ we,” “our,” and “us”), the operator of windbornesystems.com (the “Site”) and the WindBorne Data Viewer (the “Data Viewer”). These Terms set forth conditions regarding your access to and use of the Site and the Data Viewer (collectively, the “Services”).
By accessing or using the Services in any manner, you agree to be bound by these Terms.
If your access to and use of the Data Viewer is on behalf of your employer (your “Organization”), WindBorne and your Organization may have entered into a separate agreement (the “Organization Agreement”) governing WindBorne’s provision of services to your Organization. These Terms do not alter in any way the terms of the Organization Agreement. To the extent these Terms conflict with the Organization Agreement, the terms of the Organization Agreement shall control.
Modification. WindBorne reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. The date of the last modification to the Terms will be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.
Privacy. These Terms include the provisions in this document, as well as those in the Privacy Policy.
Acceptable Use. WindBorne hereby grants you permission to access and use the Services, provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:
If you are accessing the Data Viewer on behalf of your Organization, you may only use the Data Viewer as permitted in the Organization Agreement and these Terms. You may not transfer your access to others or allow others to access the Data Viewer through your own access.
You may not download, copy, rip, or capture any content encountered on the Data Viewer. This includes bulk copying or "scraping" any portion of the Data Viewer content using a bot or other tool.
You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations.
You may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
You may not use the Services to upload or transmit any material that infringes or violates the intellectual property rights or any other rights of anyone else (including WindBorne).
You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
You may not enter, store or transmit viruses, worms or other malicious code within, through, to or using the Services.
You may not defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Services.
You may not remove or obfuscate any product identification, copyright or other proprietary notice from any element of the Services or associated documentation.
User Accounts. Although you do not need an account to access the Site, you must sign up for an account and select a password in order to access and use the Data Viewer. You promise to provide us with accurate, complete, and updated registration information about yourself.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify WindBorne of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Data Viewer. WindBorne will not be liable for any loss or damage arising from your failure to comply with this section.
If you would like us to terminate your account, please contact us at data@windbornesystems.com. Upon receipt of the request, we will remove your account and your associated information from the Data Viewer within a reasonable time period.
You may not transfer your account to anyone else without our prior written permission.
Content. As between you, your Organization, and WindBorne, WindBorne owns all right, title and interest in and to the materials available through the Services, including, but not limited to, text, graphics, data, articles, photos, images, videos, and illustrations (all of the foregoing, the “WindBorne Content”).
Unless stated otherwise in an applicable Organization Agreement, you may not copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast, or otherwise exploit the WindBorne Content.
Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that WindBorne has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services.
Termination. Unless stated otherwise in an applicable Organization Agreement, WindBorne may immediately and without notice terminate these Terms and disable your access to the Services at any time.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Disclaimer of Warranties. YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND WINDBORNE CONTENT ARE PROVIDED “AS-IS,” AND WINDBORNE, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. WINDBORNE, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
Because some states do not permit disclaimer of implied warranties, you may have additional rights under your local laws.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WINDBORNE (OR ITS LICENSORS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $20. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Notices. Any notices or other communications permitted or required hereunder will be in writing and given by WindBorne (a) via email (in each case to the address that you provide) or (b) by posting to the Site.
No Waiver. The failure of WindBorne to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without WindBorne’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. WindBorne may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.
Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Governing Law; Venue. The laws of the State of California, without reference to its choice or law or conflict of law rules or principles, shall govern these Terms and any dispute of any sort that might arise between you and WindBorne with respect to these Terms. Notwithstanding the foregoing, if your access and use of the Data Viewer is on behalf of your Organization and subject to the Organization Agreement, any dispute arising out of your use of the Data Viewer shall be handled in accordance with the dispute resolution process set forth in the Organization Agreement.
Entire Agreement. These Terms constitute the entire agreement between you and WindBorne regarding your use of the Services, and supersede all prior written or oral agreements.
Contact Us. If you have any questions about the Services, please do not hesitate to contact us at data@windbornesystems.com.
INTRODUCTION. This Privacy Policy (the “Policy ”) explains how Windborne Systems Inc. (“WindBorne”) collects, uses, and discloses personal information through its Site and the Data Viewer (collectively, the “Services ”). By using or accessing the Site or Data Viewer in any manner, you acknowledge that you accept the practices and policies outlined in this Policy, and you hereby consent that we will collect, use, and share your personal information in the following ways. Any capitalized terms that are not defined in this Policy are defined in our Terms of Service.
INFORMATION COLLECTED AND HOW WE USE IT. As explained further in this section, you will have the opportunity to provide us with certain personal information. In addition, we may collect certain information automatically through your use of the Services. We will use this information to provide you with the functionality of our Services, to improve our Services, and to provide you with information about our Services . The rest of this section provides a more detailed explanation of the personal information we collect, the basis for our collection, and how we use that information.
Voluntarily Disclosed Information.
Account Creation. In order to create your account on the Data Viewer, you will need to provide your email address. You will also be required to choose a password. We use this information so that we can provide you with access to the Data Viewer and otherwise perform our contract with you. We may also use your email address to send you promotional emails about the Services. You hereby consent to receipt of promotional emails.
Contacting Us. You may have the opportunity to send a message to us via the Site. If you do so, you will be asked to provide your name, email address, and you will have the option to provide your phone number. We collect this information so that we can respond to your message. We may also use your email address to send you promotional emails about the Services. You hereby consent to receipt of promotional emails.
Automatically Collected Information.
Browser & Device Information. Whenever you interact with the Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, “cookie” and pixel tag information, the type of device you’re using to access the Services, the amount of time spent on the Services, and the page or feature you requested. You can learn more about our use of cookies and related technologies in our Cookie Policy. We use the data we automatically collect from you to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible. We collect this information with your consent, to perform our contract with you, and for our legitimate interest of providing a smooth user experience on the Services.
Emails. We may receive a confirmation when you open an email from us.
DISCLOSURE OF INFORMATION. We may disclose your personal information to the categories of third parties identified in this section.
Personnel and Third Party Service Providers. We employ personnel and engage other companies and people to perform tasks on our behalf and need to share your personal information with them to provide products or services to you. For example, the Services are hosted by Render Services, Inc.
Analytics Services. We use Google Analytics to understand how visitors engage with our Services. You can learn more about the information that Google has access to at the following website: https://policies.google.com/technologies/partner-sites.
Anonymous Information. We may provide aggregate usage information to third parties (or allow these third parties to collect aggregate information of activity on our Services), who may use that information to understand how often and in what ways people use our Services, so that they, too, can provide our users with an optimal online experience.
Business Transfers. If we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, personal information could be one of the assets transferred to or acquired by a third party.
Legal Compliance. We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with governmental requests, law enforcement or court orders, or enforce or apply our Terms of Service and other agreements.
SECURITY. We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. In addition, we rely on the technical safeguards provided by the third party service providers we use to host, store, and process your personal information. We cannot, however, ensure or warrant that your personal information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We are not responsible to our users or to any third party due to any such loss, misuse, or alteration.
YOUR RIGHTS.
Who To Exercise Your Rights With. You may have rights under data protection laws in relation to your personal information. You can learn more about your rights further down in this section. If we have collected your personal information as a result of our relationship with you, we are a “controller” of that personal information and you can exercise your rights with respect to your personal information by following the instructions below. However, if we have collected your personal information as a result of an Organization Agreement with your Organization, we are a “processor” of your personal information and your Organization controls our use of your personal information and determines how and for what purpose we process your personal information.
If we are a processor of your personal information, and you have any questions or concerns about how your personal information is handled or would like to exercise your rights as a data subject, you should contact your Organization. We will provide assistance to the Organization to address any concerns you may have, in accordance with the Organization Agreement and applicable law.
Rights of Users in the EEA and UK. If you reside in the EEA or the UK and we are a controller of your personal information, you have the following rights:
Request access to your personal information. You may request a copy of the personal information we hold about you and to check that we are lawfully processing it. Where we have good reason, and where data protection law permits, we can refuse your request for a copy of your personal information, or certain elements of the request. If we refuse your request or any element of it, we will provide you with our reason(s) for doing so.
Request correction of your personal information. You may request that we correct any incomplete or inaccurate data we hold about you.
You may request that we delete or remove personal information where there is no good reason for us continuing to process it. You may also ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your personal information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. You may not request the removal of de-identified, anonymous, or aggregate data from our databases.
Right to Object to or Restrict Processing. In certain circumstances, you have the right to object to our processing of your personal information (for example, if we are processing your personal information on the basis of our legitimate interests but there are no longer any compelling legitimate grounds to justify our processing overriding your rights and interests). You may also restrict our processing of your personal information, for example during a period in which we are verifying the accuracy of your personal information in circumstances where you have challenged the accuracy of that personal information.
Request the transfer of your personal information to you or to a third party. In certain instances, you have a right to receive the personal information that we hold about you (or a portion thereof) in a structured, commonly used and machine-readable format. In such circumstances, you can ask us to transmit your personal information to you or directly to a third-party organization on your behalf. While we are happy for such requests to be made, we are not able to guarantee technical compatibility with a third-party organization’s systems. We are also unable to comply with requests that relate to personal information of others without their consent.
Withdraw consent. You may withdraw your consent for our processing of your personal information where we are relying on consent to process that personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
International Transfers. To the extent we transfer your personal information to third parties that are outside of the European Economic Area and the United Kingdom, we rely on adequacy decisions, data transfer agreements, or other legally compliant mechanisms for such transfers, including standard contractual clauses. You can ask for a copy of these standard contractual clauses by contacting us as set out below.
RETENTION OF INFORMATION. Subject to your right to request deletion of your personal information, we will retain your personal information as long as needed for your use of the Services, your approved receipt of marketing communications from us, our compliance with legal obligations, and to protect our or other’s interests.
HOW WE RESPOND TO DO NOT TRACK SIGNALS. We do not track you or collect your information across third party websites or online services. Thus, we do not receive Do-Not-Track signals, or other similar signals. To the extent that we do receive any such signals, we will not comply with them as it is not an aspect of the functionality of the Services.
AGE OF USERS. Children under the age of 13 are not permitted to use, access or register for the Services in any way. We do not knowingly collect or solicit information from anyone under the age of 13. If we learn that we have collected personally identifiable information from a child under the age of 13, we will delete that information as quickly as possible.
CHANGES TO POLICY. We’re constantly trying to improve the Services, so we may need to change this Policy from time to time as well. The date of the last modification will be posted at the beginning of this Policy. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by the modified Policy.
CONTACT US. If you have any questions or concerns regarding this Policy, please send us a detailed message to data@windbornesystems.com, and we will try to resolve your concerns.
WindBorne Systems is based in Palo Alto, Calif. Our technology is invented, designed, and manufactured in the USA.
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