Last Updated: October 2, 2025
By accessing or using Headwinds ("Service", "Platform", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.
We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.
Headwinds provides AI-powered competitive intelligence and market research tools. The Service includes:
3.1 Account Creation: You must create an account to use the Service. You agree to provide accurate, current, and complete information during registration.
3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.3 Account Termination: We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.
4.1 Plans: The Service offers Free and Pro subscription plans with different usage limits and features.
4.2 Billing: Pro plan subscriptions are billed monthly or annually in advance. All fees are non-refundable except as required by law.
4.3 Auto-Renewal: Subscriptions automatically renew unless canceled before the renewal date. You authorize us to charge your payment method for renewal fees.
4.4 Price Changes: We reserve the right to change pricing with 30 days' notice. Price changes will apply to subsequent billing periods.
4.5 Cancellation: You may cancel your subscription at any time. Access continues until the end of your current billing period.
5.1 Plan Limits: Your use of the Service is subject to the limits of your subscription plan (reports, premium reports, automation runs, etc.).
5.2 Fair Use: You agree to use the Service in a reasonable manner. We reserve the right to throttle or restrict usage that we determine to be excessive or abusive.
5.3 Rate Limiting: API requests and automated queries are subject to rate limiting to ensure service availability for all users.
You agree NOT to:
7.1 Our IP: The Service, including all software, algorithms, designs, trademarks, and content (excluding user-generated content), is owned by Headwinds and protected by copyright, trademark, and other intellectual property laws.
7.2 License to You: We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes in accordance with these Terms.
7.3 User Content: You retain ownership of any data, reports, or content you create using the Service. You grant us a license to use, store, and process your content to provide and improve the Service.
7.4 Generated Reports: Reports generated by the Service may include information from third-party sources. You are responsible for ensuring your use of such reports complies with applicable laws and third-party rights.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
We collect, use, and protect your data as described in our Privacy Policy. You consent to such collection and use by using the Service.
9.1 Third-Party Data: The Service aggregates information from third-party sources. We do not warrant the accuracy, completeness, or reliability of third-party content.
9.2 Third-Party Links: The Service may contain links to third-party websites or services. We are not responsible for the content, policies, or practices of third parties.
9.3 Payment Processing: Payment processing is handled by third-party providers (Polar.sh). Your payment information is subject to their terms and privacy policies.
10.1 NO WARRANTY: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10.2 Accuracy: We do not warrant that the Service will be uninterrupted, error-free, or that content will be accurate, complete, or current. AI-generated content may contain errors or inaccuracies.
10.3 LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEADWINDS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.4 Maximum Liability: Our total liability for all claims related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.
10.5 Not Professional Advice: The Service provides information and analysis tools but does not constitute professional, legal, financial, or business advice. You should consult qualified professionals for such advice.
You agree to indemnify, defend, and hold harmless Headwinds, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of third parties; or (d) any content you submit or generate using the Service.
12.1 Your Confidentiality: You acknowledge that the Service, its algorithms, and our business practices constitute confidential information. You agree not to disclose such information without our written consent.
12.2 Our Confidentiality: We will maintain the confidentiality of your account data and reports as described in our Privacy Policy, except as required by law or these Terms.
You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in, or a national of, any country subject to U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any government list of prohibited or restricted parties.
14.1 Governing Law: These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
14.2 Arbitration: Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, conducted in Delaware. You waive any right to a jury trial or to participate in a class action.
14.3 Exceptions: Either party may seek injunctive relief in court for intellectual property infringement or misappropriation.
15.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Headwinds regarding the Service.
15.2 Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.3 Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
15.4 Assignment: You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.
15.5 Force Majeure: We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or fuel crises.
If you have questions about these Terms, please contact us at:
Email: legal@headwinds.io
Address: Headwinds, Inc.
[Your Business Address]
By using Headwinds, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.