Our Terms and Conditions outline how WindoWE operates and protects your experience.
Please review them carefully to understand your rights and responsibilities when using our platform.
By accessing or using windoWE (the “Platform”), you agree to be bound by these Terms and Conditions. You represent that you are at least 18 years old and have authority to bind any legal entity on whose behalf you use the Platform. For purposes of these Terms, “Platform” means all proprietary web-based software, analytics tools, dashboards, content, features, and services made available by windoWE to users via its website, including any updates, enhancements, or modifications thereto, whether accessed on a subscription basis or otherwise.
As used in these Terms, “you,” “your,” and “Customer” refer to the individual or entity accessing or using the Platform. “windoWE,” “we,” “us,” and “our” refer to windoWE LLC or its applicable affiliates.“Customer Data” means any data, information, or content that you or your authorized users submit, upload, or provide to the Platform in connection with your use of the Platform, including account details, fulfillment profiles, rate sheets, and other materials or information you choose to provide.
Subject to these Terms, windoWE grants you a limited, non-exclusive, non-transferable right to access and use the Platform for your internal business purposes only during your Subscription.
windoWE provides access to pricing transparency, benchmarking, and analytics tools for third-party logistics services. You acknowledge and agree that windoWE may, at any time and without prior notice, change, update, add to, modify, enhance, suspend, or remove any aspect, feature, functionality, or content of the Platform, including but not limited to available tools, analytics, benchmarks, or data sources. windoWE does not guarantee the continued availability of any specific feature or portion of the Platform, and shall have no liability to you or any third party for any such changes, updates, additions, removals, or discontinuations.
Initial payment is due upon signup. Subsequent payments are due monthly thereafter, in advance. For purposes of these Terms, your “Subscription” means your right to access and use the Platform as described herein, beginning on your Subscription Start Date (the date of your initial signup and payment). The initial term of service is twelve (12) months. By enrolling, you agree to pay for the full twelve (12) months, regardless of early cancellation.After the initial twelve (12) month Subscription term, service will continue on a month-to-month basis unless terminated by either party with notice before the next billing cycle. All fees are non-refundable. Suspend or terminate your Subscription and access to the Platform for non-payment.
We may use Customer Data in an anonymized and aggregated manner for benchmarking, analytics, and product improvement. Customer Data will not be shared with other customers or third parties in any identifiable form.
We may monitor the use of the Platform by all of our customers and use the information gathered in an aggregate and anonymous manner. You agree that we may use and publish such information, provided that it does not incorporate any Customer Data and does not identify you. We may also use Customer Data in an anonymized manner for machine learning and analytics that support product features, benchmarking, and overall functionality within the Platform. We do not sell Customer Data. Customer Data will be retained, deleted, or disclosed as required by law or valid legal process.
windoWE may suspend or terminate your Subscription and access to the Platform at any time for violation of these Terms or for non-payment. If your Subscription is suspended or terminated during the initial twelve (12) month Subscription term, you remain obligated to pay all fees for the full twelve (12) months.
After the initial twelve (12) month Subscription term, you may terminate the Subscription by providing notice before the next monthly billing cycle; you will not be charged for future months after the effective date of termination.
Upon termination or expiration of your Subscription, windoWE may delete all Customer Data, except as required by law or for legitimate business purposes. You may request a copy of your Customer Data in a common electronic format within 30 days of termination or expiration.
These Terms shall be governed by and construed under the laws of the State of Arizona, without regard to its conflict of law principles. You irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona for any action or proceeding arising out of or relating to these Terms or the Platform. You waive any objection to jurisdiction or venue in such courts, including any argument of forum non conveniens or similar doctrine.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WINDOWE HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM.
windoWE may update these Terms from time to time by posting a revised version on its website or notifying you by email or other reasonable means. Any changes to these Terms will become effective for your Subscription at the start of your next renewal term. For the initial twelve (12) month Subscription term, the version of these Terms in effect as of your Subscription Start Date will govern your use of the Platform for the duration of that term. If you do not agree to any changes, you must stop using the Platform and terminate your Subscription prior to the start of the next renewal term.
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. windoWE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. windoWE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
windoWE makes no representations or warranties regarding the accuracy, completeness, reliability, or timeliness of any data, analytics, benchmarks, reports, or other information provided via the Platform. All such content is provided for informational purposes only, and you acknowledge that you use and rely on such information at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, windoWE’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL windoWE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
You agree to indemnify, defend, and hold harmless windoWE, its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your fraud, gross negligence, or willful misconduct; or (c) your infringement or misappropriation of any third party’s intellectual property or proprietary rights in connection with your use of the Platform.
You may not assign or transfer your rights or obligations under these Terms without windoWE’s prior written consent. Any attempted assignment in violation of this provision shall be null and void.windoWE may assign these Terms, in whole or in part, without your consent (a) to any affiliate, (b) in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of its assets, or other change of control, or (c) as otherwise agreed by you in writing. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
These Terms constitute the entire agreement between you and windoWE regarding your use of the Platform. If any provision is found unenforceable, the remaining provisions will remain in full force and effect.
Each user must maintain a unique username and password to access the Platform. You may not share your login credentials or permit any third party to access the Platform using your account. Sharing login credentials or permitting unauthorized access is a violation of these Terms and may result in immediate suspension or termination of your Subscription and access to the Platform. You are responsible for maintaining the confidentiality of your login information and for all activities that occur under your account, whether or not authorized by you. You must notify windoWE immediately of any unauthorized use of your account or other breach of security.
You agree not to, and will not permit others to:
