Business Terms of Service

We may issue API keys or credentials; you are responsible for keeping them confidential and for all activity under them. Notify us promptly of any suspected compromise.

You will not: reverse engineer or attempt to extract the Service’s underlying models or source (except where that restriction is prohibited by law); resell or provide the Service to a third party as a standalone product without our consent; use it to build a competing calibration or judgment service; exceed documented rate limits or circumvent controls; use it unlawfully or to violate others’ rights; or submit data you are not authorized to submit. We may suspend access to address a material security risk, a violation of this section, or non-payment.

As between the parties, you own the data you submit (“Customer Data”). You grant us a non-exclusive license to host, process, and use it to provide, secure, and support the Service.

We may use Customer Data to improve the Service, including to maintain and refine calibration and the competence frontier; any use beyond your own instance will be in aggregated and/or de-identified form that does not identify you or any individual. You may opt out of beyond-your-instance improvement use by writing to hello@warmwinter.io. If Customer Data includes personal data, our Data Processing Addendum applies once executed. We maintain commercially reasonable safeguards; no system is perfectly secure. We may create and use aggregated, de-identified, or statistical data derived from use of the Service (including the verified-outcome record) without restriction.

We and our licensors own the Service and all related software, models, methods, and the competence-frontier and outcome records, including all improvements. Subject to your payment of fees and compliance with these Terms, you may use the outputs the Service generates for you internally in your business, consistent with Section 1. Feedback you give us may be used without restriction.

If an order form or plan specifies fees, you will pay them as stated; unless stated otherwise, fees are non-refundable and exclusive of taxes. If you use the Service at no charge (including a free pilot or design-partner arrangement), Sections 6–8 still apply and the liability cap in Section 8 is the fixed amount stated there.

Each party warrants it has authority to enter into these Terms.

EXCEPT AS EXPRESSLY STATED, THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT ANY OUTPUT IS CORRECT, COMPLETE, OR WILL PRODUCE ANY PARTICULAR RESULT. YOU ASSUME ALL RESPONSIBILITY FOR DECISIONS AND ACTIONS BASED ON OUTPUTS.

You will defend, indemnify, and hold harmless Warm Winter from any third-party claim, and related losses, arising out of your Customer Data, your use of the Service or any output, any decision or action you take or fail to take, or your breach of these Terms or violation of law.

We will defend you against a third-party claim that the Service, used as permitted, infringes that party’s intellectual property rights, provided you promptly notify us and let us control the defense. This does not apply to claims arising from Customer Data, outputs as used by you, or combinations with non-Warm Winter products.

Each party will use the other’s non-public information only to perform under these Terms and protect it with at least reasonable care. This does not apply to information that is public, independently developed, or rightfully received from a third party, or disclosure required by law (with reasonable prior notice where permitted).

These Terms apply while you use the Service or have an active order. Either party may terminate for the other’s material breach not cured within 30 days of written notice; you may stop using the free Service at any time. On termination, your right to use the Service ends and we may delete Customer Data after a reasonable period — export what you need first. Sections 1, 3, 4, 6–9, and 11 survive.

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws rules, and the state and federal courts located in Wyoming have exclusive jurisdiction. These Terms and any order form are the entire agreement; if an order form conflicts, it controls for that engagement. Neither party may assign without consent except to a successor in a merger or sale of substantially all assets. We may update these Terms; material changes take effect when posted or on notice, and for paid subscriptions apply at your next renewal. If a provision is unenforceable, the rest remain. Neither party is liable for delays beyond its reasonable control. Legal notices to us go to hello@warmwinter.io. The parties are independent contractors.

Provider: Enrique Vigil, operating under the Warm Winter name. Questions: hello@warmwinter.io.