Legal

Terms of Service

Last updated: August 5, 2026

1. Who we are and agreement to these Terms

SalesWind ("SalesWind," "we," "us," "our") is operated by Vantaire LLC, doing business as SalesWind. These Terms of Service ("Terms") govern your access to and use of the SalesWind application, websites, APIs, and related services (together, the "Service"). By creating an account, clicking to accept, or using the Service, you agree to these Terms, to our Privacy Policy, and to the Data Processing Addendum ("DPA"), each of which is incorporated into these Terms by reference. If you use the Service on behalf of a company or other organization, you represent and warrant that you have authority to bind it, and "you" and "your" refer to that organization. If you do not have that authority, or if you do not agree to these Terms, you may not use the Service.

If these documents conflict, the DPA controls for matters of personal-data processing, then these Terms, then the Privacy Policy.

2. Definitions

  • "Customer Data" means data you or your Users import into or create in the Service, including prospect and company records, lists, notes, call logs, positioning, configuration, and reference emails, together with Outputs.
  • "Connected Mailbox" means a third-party email account (such as Gmail or Microsoft 365) that you connect to the Service for sending.
  • "Outputs" means content the Service generates for your workspace, including Research Data, drafted email sequences, and assistant responses.
  • "Research Data" means prospect and company research compiled by the Service's AI features from public sources, including summaries and citations.
  • "Aggregated Usage Data" means data derived from use of the Service that has been de-identified and aggregated so that it does not identify you, any User, or any individual.
  • "Users" means the individuals you authorize to access your workspace, such as employees and contractors.
  • "Workspace" means the shared company account described in Section 5.
  • "including" means "including without limitation."

3. Eligibility and business use

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is a business tool intended for business-to-business sales outreach; it is not intended for personal, family, or household use, and it may not be used to market to children.

4. Your account

You agree to provide accurate registration information and keep it up to date. You are responsible for safeguarding your login credentials and for all activity that occurs under your account, whether or not authorized by you. Credentials are personal to each User and may not be shared. Notify us promptly at [email protected] if you suspect unauthorized access, and we may suspend any account we reasonably believe has been compromised. We may require email verification before enabling certain features (for example, subscribing or connecting a mailbox).

5. Team workspaces

Accounts belong to a company workspace. All workspace data — prospects, companies, research, generated sequences, call logs, notes, schedules, cadences, and reference emails — is shared with and visible to every member of your workspace. Workspace owners and admins are responsible for who they invite, for the roles they assign, and for their team's compliance with these Terms; a breach of these Terms by a User is a breach by you. Any dispute between you and your Users, or among Users of your workspace, is between you and them. Login credentials, personal settings, and billing remain individual to each user.

6. Subscriptions, billing, and usage limits

  • Fees and billing intervals. The Service requires a paid subscription, billed through Stripe at the price shown at checkout, on a monthly or annual interval as offered and selected at checkout. Prices are exclusive of taxes, duties, and similar governmental charges, which you are responsible for where applicable (excluding taxes on our income).
  • Auto-renewal, commitment, and cancellation. Subscriptions renew automatically at the end of each billing period — monthly plans each month, annual plans each year — until canceled. The fee for each billing period is due in full at the start of that period and is a commitment for the entire period. You can cancel at any time from Settings → Manage billing; cancellation stops future renewals and takes effect at the end of the current paid period, during which you retain full access. Except where required by law, all payments are non-refundable: we do not provide refunds, credits, or proration for partial months or partial years, for downgrades, for unused capacity, or for periods where you did not use the Service. This applies equally to monthly and annual plans — choosing an annual plan is a commitment to the full year's fee in exchange for the annual price.
  • Failed payments. If a renewal payment fails, we (via Stripe) may retry it. During a short grace period your access may continue; if payment continues to fail we may suspend paid features until billing is resolved. Amounts due remain payable.
  • Billing disputes and chargebacks. If you believe a charge is incorrect, contact us at [email protected] within 60 days of the charge so we can review it; verified billing errors on our side will be corrected promptly, including by refund of the erroneous amount. Initiating a chargeback on a valid charge does not cancel your obligations under these Terms, and we may suspend the associated workspace while a chargeback on a valid charge is pending.
  • Price changes. We may change pricing with at least 30 days' advance notice; changes apply from your next renewal after the notice period.
  • Fair use. AI features are subject to fair-use caps per workspace (for example, monthly limits on sequence generation, regeneration, and assistant usage), and we may throttle or queue unusually heavy usage to protect the Service. Current limits are communicated in-product or on request.
  • Trials and promotions. Any free trial or promotional pricing is subject to the terms presented with the offer and may be modified or withdrawn.

7. License and Service restrictions

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own internal business purposes during your subscription. Except as expressly permitted by these Terms or by us in writing, you will not, and will not permit anyone else to:

  • sublicense, resell, rent, lease, white-label, or otherwise make the Service available to any third party (workspaces operated by an agency for a disclosed client of that agency are permitted);
  • use the Service to build a competing product or service, or perform competitive analysis or benchmarking for a competitor's benefit;
  • reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent such restriction is prohibited by law;
  • scrape, crawl, or bulk-extract data from the Service other than through the export tools we provide, or access the Service by any automated means or interface other than those we make available;
  • probe, scan, or test the vulnerability of the Service without written permission, interfere with its operation, or attempt to gain unauthorized access to any account, system, or data;
  • circumvent or attempt to circumvent rate limits, usage caps, metering, plan entitlements, or security controls;
  • remove, alter, or obscure any proprietary notices in the Service; or
  • use the Service in violation of law or outside the scope of the license above.

We may investigate suspected violations of this Section and take any action we reasonably consider necessary, including throttling, suspension, and termination under Section 17.

8. Acceptable use and sending policy

You are the sender. As between you and SalesWind, you are the sole sender and initiator (as those and similar terms are used under CAN-SPAM and other applicable messaging laws) of every message sent through the Service from your Connected Mailboxes, whether the content was written by you or generated by the Service's AI features. SalesWind is a tool acting at your direction and is not the sender of your outreach.

You agree to use the Service only for lawful outreach, and specifically that you will:

  • comply with all applicable anti-spam, privacy, telemarketing, and marketing laws in your jurisdiction and your recipients' jurisdictions, including (as applicable) CAN-SPAM, CASL, the GDPR and UK GDPR, and PECR and other ePrivacy rules;
  • contact only people you have a lawful basis to contact, include any legally required sender identification (such as a valid physical postal address where required) and a functioning opt-out mechanism in your messages, honor opt-out requests promptly and within any legally required window, and maintain your own suppression practices;
  • use only prospect lists you have the legal right to use, and not upload lists obtained unlawfully;
  • not send deceptive or misleading subject lines or content, harassing, discriminatory, defamatory, fraudulent, or unlawful content, and not impersonate any person or misrepresent message origin or headers;
  • not use the Service to send phishing, malware, or other harmful content;
  • not send adult or sexually explicit content, or content promoting hatred or violence — mailbox providers prohibit these categories, and they endanger the sending access every customer relies on;
  • not upload sensitive personal data (such as health information or data about minors) that is unnecessary for B2B outreach — the Service is not designed for, and may not be used to process, data regulated under HIPAA, GLBA, or similar regimes;
  • where you enable open tracking, comply with any disclosure or consent requirements that apply to tracking technologies in your recipients' jurisdictions;
  • comply with Google's and Microsoft's terms and sending policies for any mailbox you connect — those providers impose their own limits and rules on mail sent through their APIs.

Because abusive sending damages deliverability for you and for the Service, we may monitor aggregate signals such as bounce rates, complaint rates, and provider policy flags, and may throttle, pause scheduled sends, or suspend accounts whose sending generates abuse complaints, exceeds reasonable bounce thresholds, damages sending reputation, violates provider policies, or otherwise breaches this Section. We may also decline or suspend use of the Service for content or industries that historically generate elevated abuse-complaint rates (for example, adult content, gambling, multi-level marketing, or list brokering), at our reasonable discretion. Where practicable we will notify you and work with you to correct the issue first.

9. AI features and generated content

Research summaries, email drafts, and assistant responses are generated with third-party AI models and may contain inaccuracies, outdated information, or statements that require verification. You are responsible for reviewing all content before it is sent and for everything sent from your Connected Mailboxes. If you schedule messages to send without individually reviewing each one, you are deemed to have reviewed and approved them, and your choice not to review does not transfer any responsibility to us. AI output is not professional, legal, or financial advice.

The in-app assistant can take actions in your workspace (such as editing records or schedules) only at your direction and after in-app confirmation; you are responsible for the actions you confirm. Because AI models can produce similar output for similar prompts, we do not guarantee that generated content is unique to you, and we make no representation that Outputs are protectable by intellectual-property rights or do not resemble content generated for others. As between you and us, you own the Outputs generated for your workspace, subject to Section 10.

10. Research data; no resale

Research Data and other Outputs are provided solely for your own workspace's business-to-business outreach. You will not: (a) sell, license, rent, publish, or otherwise commercialize Research Data or Outputs as data, whether standalone or combined with other data; (b) compile Research Data or Outputs into a contact list, database, lead product, or other data product made available to third parties; (c) use the Service or data obtained through it to build, train, or improve any machine-learning model or competing dataset; or (d) disclose Research Data or Outputs to third parties except to your own service providers acting on your behalf under confidentiality obligations. Any breach of this Section is a material breach that we may treat as non-curable.

11. Your data; roles and responsibilities

You retain all ownership of Customer Data. For personal data contained in Customer Data — in particular, information about your prospects — you are the data controller (or "business" under US state privacy laws) and SalesWind acts as your processor/service provider, handling that data only to provide the Service as described in the Privacy Policy. The DPA reflecting this relationship applies automatically to your use of the Service; if you need a countersigned copy, email [email protected].

You represent and warrant that: you collected Customer Data lawfully and have all rights, consents, and notices needed for us to process it as described; you have a lawful basis for the outreach you conduct; Customer Data does not infringe or misappropriate any third party's rights and does not contain malicious code; and you will handle privacy rights requests from your prospects (we will assist as your processor where required). You are responsible for exporting any data you need to keep; the Service provides CSV export tools for this purpose.

12. Connected mailboxes and third-party services

When you connect a Gmail or Microsoft 365 mailbox, you authorize the Service to send the emails you compose and schedule from that mailbox, and you represent that you are entitled to connect it and are in good standing with the provider. Your use of Google or Microsoft services remains governed by their own terms, and those providers may limit, throttle, or suspend sending, or discontinue their APIs, independently of us; we are not responsible for their acts, omissions, or unavailability. You can disconnect a mailbox at any time in Settings, which immediately deletes our stored credentials for it (you can also revoke access from your Google or Microsoft account security settings). Payments are processed by Stripe under Stripe's terms. AI research and drafting are performed by third-party AI providers as described in the Privacy Policy. We do not control third-party services and are not responsible for them.

13. Our intellectual property

We and our licensors retain all right, title, and interest in and to the Service, including its software, models of operation, design, documentation, and all improvements, and the SalesWind name, logo, and other marks. These Terms grant you no rights in the Service or our marks except the license in Section 7, and you may not use our name or marks without our prior written consent. All rights not expressly granted are reserved.

14. Your content license to us; feedback; aggregated data

License. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Customer Data solely as needed to provide, secure, and improve the Service and as otherwise permitted by the Privacy Policy and DPA. This license ends when the relevant Customer Data is deleted from the Service, except for Aggregated Usage Data and copies retained as required by law.

Our access. Our personnel access Customer Data content only as needed to provide and secure the Service, to investigate suspected abuse or violations of Section 8 (including reviewing flagged message content), to resolve support or technical issues, or as required by law, consistent with the Privacy Policy and the DPA.

Feedback. If you send us feedback or suggestions, we may use them without restriction or obligation to you, and we will not identify you as their source without consent.

Aggregated Usage Data. We may create and use Aggregated Usage Data (for example, feature-usage metrics and aggregate deliverability statistics) to operate, analyze, benchmark, and improve the Service. Aggregated Usage Data does not identify you, your Users, or any individual, and we will not attempt to re-identify it.

15. Confidentiality

Each party may receive non-public information of the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Our Confidential Information includes the non-public elements of the Service; your Confidential Information includes Customer Data. Confidential Information does not include information that: is or becomes public through no breach by the receiving party; was known to the receiving party without restriction before disclosure; is received from a third party entitled to disclose it; or is independently developed without use of the disclosing party's Confidential Information.

The receiving party will: use the disclosing party's Confidential Information only to perform under, or exercise its rights under, these Terms; protect it with at least the care it uses for its own similar information, and no less than reasonable care; and limit access to personnel and service providers who need it and are bound by obligations at least as protective as this Section. A party may disclose Confidential Information where required by law or legal process, and will give the other party reasonable advance notice where legally permitted. On written request, the receiving party will delete or return the disclosing party's Confidential Information, except copies retained under standard backup procedures or as required by law, which remain subject to this Section. These obligations survive for three (3) years after termination, and for trade secrets, for as long as they remain trade secrets.

16. Privacy

Our collection and use of personal data is described in the Privacy Policy, which is incorporated into these Terms.

17. Suspension and termination

By you. You may stop using the Service at any time and may delete your account from Settings. Account deletion is permanent and erases your data as described in the Privacy Policy — the entire workspace if you are its only member, otherwise your own account while the workspace's shared data stays with the remaining members. It does not entitle you to a refund of prepaid fees except where required by law.

By us. We may suspend or terminate your access if you materially breach these Terms, if your usage generates abuse complaints or threatens deliverability, security, or the integrity of the Service, if required by law or a provider (such as Google, Microsoft, or Stripe), for abusive or threatening conduct toward our personnel, or for non-payment. Where practicable we will give you notice and an opportunity to cure before termination; we may suspend or terminate immediately, without a cure period, for breaches of Sections 8 or 10, unlawful use, or threats to the Service or other customers.

Effect. On termination or expiration, your license ends and any fees accrued remain payable. Export any data you need before your subscription ends; after it ends we have no obligation to retain Customer Data and may delete it following a reasonable period (of at least 30 days), except as retention is required by law. Sections 2, 10, 13, 14, 15, and 18 through 24 survive, as do your representations in Section 11 as to the period before termination, and any other provision that by its nature should survive.

18. Limited warranty and disclaimers

Limited warranty. We warrant that the Service will be provided in a professional and workmanlike manner. Report any claimed breach of this warranty to [email protected] within 30 days of the issue; your exclusive remedy, and our entire liability, for breach of this warranty is that we will use commercially reasonable efforts to correct the non-conformity.

EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT EMAILS WILL BE DELIVERED OR REACH THE INBOX RATHER THAN A SPAM OR OTHER FOLDER, THAT AI-GENERATED RESEARCH OR CONTENT WILL BE ACCURATE, CURRENT, OR COMPLETE, OR THAT USE OF THE SERVICE WILL ACHIEVE ANY PARTICULAR RESULT. THIRD-PARTY SERVICES USED WITH OR BY THE SERVICE — INCLUDING MAILBOX PROVIDERS, PAYMENT PROCESSING, AND AI PROVIDERS — ARE PROVIDED BY THIRD PARTIES, AND WE MAKE NO WARRANTY REGARDING, AND ACCEPT NO RESPONSIBILITY FOR, THEIR ACTS, OMISSIONS, OR AVAILABILITY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

19. Indemnification

By us. We will defend you against any third-party claim alleging that the Service, as provided by us and used as permitted by these Terms, infringes that third party's US patent, copyright, or trademark, or misappropriates its trade secret, and we will pay damages finally awarded against you (or settlement amounts we approve) for such a claim. If such a claim arises or in our opinion is likely, we may, at our option: procure the right for you to continue using the Service; modify or replace the affected part without materially reducing functionality; or terminate the affected Service and refund prepaid fees for the unused remainder of your then-current term. We have no obligation for claims to the extent arising from: Customer Data or your inputs; Outputs to the extent based on your inputs or instructions; use of the Service in combination with items not provided by us; modifications not made by us; use in breach of these Terms; or third-party services. This Section states our entire liability, and your exclusive remedy, for infringement claims.

By you. You will defend us, our affiliates, and our and their officers, directors, employees, and agents against any third-party claim, and pay resulting damages, losses, and reasonable expenses (including attorneys' fees), to the extent arising from: (a) Customer Data, including your prospect lists; (b) your outreach and messages sent through the Service, including claims by recipients or under anti-spam, telemarketing, tracking, or privacy laws; (c) your use of Outputs or Research Data; (d) your breach of these Terms (including the representations in Section 11) or violation of law; (e) disputes between you and your Users; or (f) your Connected Mailboxes or your breach of a third-party provider's terms.

Procedure. The indemnified party must: promptly notify the indemnifying party in writing of the claim (delay excuses the obligation only to the extent it prejudices the defense); give the indemnifying party sole control of the defense and settlement, except that no settlement imposing obligations on, or admitting fault of, the indemnified party may be made without its consent (not to be unreasonably withheld); and provide reasonable cooperation at the indemnifying party's expense. Our indemnification obligations are subject to Section 20.

20. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, OR FOR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE, ACROSS ALL CLAIMS AND REGARDLESS OF THEORY, WILL NOT EXCEED THE FEES YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR US $100 IF YOU HAVE PAID NO FEES); MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, YOUR INDEMNIFICATION OBLIGATIONS, EITHER PARTY'S BREACH OF SECTION 15, OR LIABILITY THAT CANNOT BE LIMITED BY LAW. THE PARTIES AGREE THAT THIS SECTION REFLECTS THE ALLOCATION OF RISK ON WHICH THE PRICING OF THE SERVICE IS BASED AND IS AN ESSENTIAL PART OF THE AGREEMENT.

21. Changes to the Service or these Terms

We may modify the Service, provided that modifications during a paid term will not materially reduce its core functionality. We may update these Terms from time to time. If a change is material, we will give reasonable advance notice in the app or by email to your account address. Changes take effect on the stated effective date; your continued use after that date constitutes acceptance. If you do not agree, stop using the Service and cancel your subscription before the change takes effect.

22. Governing law and dispute resolution

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Talk to us first. Before filing a claim, the complaining party will send the other a written description of the dispute (to us: [email protected] or the address in Section 26; to you: your account email), and the parties will attempt in good faith to resolve it within 30 days. This informal step is a precondition to filing, except for claims for equitable relief described below.

Subject to that, disputes will be resolved exclusively in the state or federal courts located in Los Angeles County, California, and each party consents to their jurisdiction and venue; either party may instead bring an individual qualifying claim in small claims court. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction for actual or threatened infringement or misuse of its intellectual property or Confidential Information, without posting a bond. To the extent permitted by law, any claim arising out of or relating to the Service must be filed within one (1) year after the claim accrued, or it is permanently barred.

23. Publicity

We may identify you as a SalesWind customer and use your name and logo on our website and in marketing materials, in a form no more prominent than for other customers. You may opt out or revoke this at any time by emailing [email protected], and we will remove the reference within a reasonable time. Neither party will disparage the other.

24. General

Entire agreement. These Terms, the Privacy Policy, the DPA, and the terms presented at checkout are the entire agreement between you and us regarding the Service, and supersede all prior or contemporaneous agreements on that subject, including any terms in your purchase order or vendor forms.

Severability; waiver. If any provision is unenforceable, it will be enforced to the maximum extent permissible and the rest remains in effect. Our failure to enforce a provision is not a waiver; waivers must be in writing.

Assignment. You may not assign these Terms without our written consent, and any attempted assignment in violation of this sentence is void; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties' permitted successors and assigns.

Relationship; no third-party beneficiaries. The parties are independent contractors; nothing here creates a partnership, joint venture, or agency. There are no third-party beneficiaries to these Terms.

Force majeure. Neither party is liable for delay or failure (other than payment obligations) caused by events beyond its reasonable control, including internet or infrastructure-provider outages, acts of government, labor disputes, epidemics, war, or natural disasters, provided it uses reasonable efforts to notify the other and resume performance.

Export and sanctions. You will comply with applicable export control and sanctions laws, and you represent that you are not located in an embargoed country or territory, are not on a restricted-party list, and will not use or permit use of the Service in violation of those laws.

Notices; electronic communications. We may provide notices in the app or to the email address on your account, and you consent to receiving notices and records electronically. Legal notices to us must be sent to [email protected] and to Vantaire LLC, 1401 21st Street, Sacramento, CA 95811, USA. Notices are effective when sent by email or, if mailed, when received.

Interpretation. Headings are for convenience only and do not affect meaning.

25. Copyright complaints

We respond to notices of alleged copyright infringement concerning material stored in the Service. Send notices to our designated agent: Copyright Agent, Vantaire LLC, 1401 21st Street, Sacramento, CA 95811, USA, or [email protected] with the subject line “DMCA Notice.” To be effective under 17 U.S.C. § 512(c)(3), a notice must include: your physical or electronic signature; identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and information reasonably sufficient to let us locate it; your contact details; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the owner's behalf. We may remove or disable access to material that is the subject of a valid notice and will notify the affected customer, who may submit a counter-notice under 17 U.S.C. § 512(g). We terminate the accounts of repeat infringers in appropriate circumstances. Misrepresentations in a notice or counter-notice may carry liability under 17 U.S.C. § 512(f).

26. Contact

Questions about these Terms: [email protected], or Vantaire LLC (doing business as SalesWind), 1401 21st Street, Sacramento, CA 95811, USA.