Welcome to Windrush AI. These Terms and Conditions ("Terms") govern your access to and use of the website located at windrushai.com (the "Website") and any services provided by Windrush AI (the "Services"). By accessing the Website, requesting a consultation, or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use the Website or our Services.
In these Terms, "Windrush AI," "we," "us," and "our" refer to [INSERT LEGAL BUSINESS NAME], operating as Windrush AI, a business based in Windsor-Essex, Ontario, Canada. "You," "your," and "Client" refer to the individual or business accessing the Website or engaging our Services.
1. Our Services
Windrush AI provides AI-powered marketing and lead-reactivation services, including but not limited to automated SMS campaigns, database reactivation, appointment booking, and related marketing automation delivered through third-party platforms. Our Services are designed for businesses and are typically provided on a performance-based or campaign basis, as set out in a separate written proposal, statement of work, or service agreement ("Service Agreement").
Where a Service Agreement conflicts with these Terms, the Service Agreement will govern the specific engagement it covers. These Terms apply to all Clients and Website visitors unless otherwise agreed in writing.
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with reasonable notice where a Service Agreement is in effect.
2. Eligibility
The Services are intended for businesses and business owners. By engaging our Services, you represent that you are at least the age of majority in your province or territory, that you have the authority to enter into these Terms on behalf of your business, and that the information you provide is accurate and complete.
3. Client Responsibilities and Data
To deliver the Services, you may provide us with customer lists, lead databases, contact information, and other data ("Client Data"). You are solely responsible for the accuracy, legality, and quality of all Client Data you provide.
By providing Client Data, you represent and warrant that:
a. You own or have the lawful right to use and share the Client Data with us for the purposes of the Services;
b. You have obtained all necessary consents from the individuals in your Client Data to receive marketing communications, including SMS messages, in compliance with applicable law; and
c. Your use of our Services, and our use of Client Data on your behalf, does not and will not violate any applicable law or the rights of any third party.
You are responsible for maintaining appropriate records of consent and for honouring all opt-out and unsubscribe requests promptly.
4. Consent and Anti-Spam Compliance (CASL)
Windrush AI is committed to compliance with Canada's Anti-Spam Legislation ("CASL") and other applicable communications and privacy laws.
Our Services rely on the consent you have obtained from the individuals in your Client Data. You acknowledge and agree that:
a. You are responsible for ensuring that valid express or implied consent (as defined under CASL) exists for every contact to whom messages are sent as part of your campaign;
b. All messaging campaigns must include clear sender identification and a functioning unsubscribe mechanism, and you agree not to instruct us to remove or disable such mechanisms;
c. You will not provide us with contacts for whom consent has expired, been withdrawn, or never existed; and
d. You will comply with all applicable telemarketing, do-not-call, and electronic messaging regulations.
We reserve the right to refuse, pause, or terminate any campaign that we reasonably believe may violate CASL or any other applicable law, without liability to you.
5. Fees and Payment
Fees for the Services are set out in the applicable Service Agreement or proposal. Unless otherwise stated in writing, fees are quoted in Canadian dollars (CAD) and are exclusive of applicable taxes, which you are responsible for paying.
Payment terms, including any performance-based, retainer, or one-time fees, will be specified in your Service Agreement. Late or unpaid amounts may result in suspension of the Services. Except where required by law or expressly stated in a Service Agreement, fees are non-refundable.
6. No Guarantee of Results
While we apply reasonable skill, care, and industry best practices, the Services depend on factors outside our control, including the quality and consent status of your Client Data, your market, your pricing, your response handling, and the behaviour of your contacts.
Accordingly, Windrush AI does not guarantee any specific number of leads, appointments, bookings, sales, revenue, or return on investment. Any figures, examples, projections, or case studies shared by us are illustrative only and do not constitute a promise or guarantee of results.
7. Third-Party Platforms and Services
Our Services are delivered using third-party platforms and tools, including messaging, automation, and CRM providers (for example, GoHighLevel and SMS/telephony providers). Your use of the Services may be subject to the terms and policies of these third-party providers.
We are not responsible for the availability, performance, security, or actions of third-party platforms, and we are not liable for any loss arising from third-party outages, changes, or restrictions. Message delivery, carrier fees, and deliverability are subject to the policies and networks of the relevant carriers and providers.
8. Intellectual Property
All content on the Website, including text, graphics, logos, branding, and software, together with the systems, workflows, prompts, templates, and methodologies we develop and use to deliver the Services, are owned by or licensed to Windrush AI and are protected by applicable intellectual property laws.
You may not copy, reproduce, distribute, or create derivative works from our materials without our prior written consent. You retain ownership of your Client Data and your own pre-existing brand assets. Upon full payment, you receive a licence to use the specific campaign deliverables created for you, for your own business purposes.
9. Confidentiality
Each party may receive confidential information from the other in connection with the Services. Both parties agree to keep such information confidential and to use it only for the purposes of the engagement, except where disclosure is required by law. This obligation survives the termination of these Terms.
10. Privacy and Data Protection
We handle personal information in accordance with applicable Canadian privacy law, including the Personal Information Protection and Electronic Documents Act ("PIPEDA"), and in accordance with our Privacy Policy, available at [INSERT PRIVACY POLICY URL]. By engaging our Services, you consent to our collection, use, and processing of information as described in that policy. You are responsible for maintaining your own privacy practices and disclosures with respect to your customers.
11. Limitation of Liability
To the maximum extent permitted by law, Windrush AI, its owner, and its representatives will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business, arising out of or related to the Website or the Services, even if advised of the possibility of such damages.
To the maximum extent permitted by law, our total aggregate liability arising out of or related to these Terms or the Services will not exceed the total amount you paid to us for the Services in the three (3) months preceding the event giving rise to the claim.
Nothing in these Terms limits liability that cannot be limited or excluded under applicable law.
12. Indemnification
You agree to indemnify, defend, and hold harmless Windrush AI, its owner, and its representatives from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your breach of these Terms; (b) your Client Data or your failure to obtain proper consent; (c) your violation of CASL, PIPEDA, or any other applicable law; or (d) your use of the Services or the deliverables we provide.
13. Term and Termination
These Terms apply for as long as you use the Website or our Services. Either party may terminate a Service Agreement in accordance with its terms. We may suspend or terminate your access to the Services immediately if you breach these Terms, fail to pay amounts due, or engage in conduct that may expose us to legal or reputational risk.
Provisions that by their nature should survive termination — including those relating to intellectual property, confidentiality, limitation of liability, indemnification, and governing law — will survive.
14. Acceptable Use of the Website
You agree not to use the Website for any unlawful purpose, to attempt to gain unauthorized access to our systems, to interfere with the Website's operation, or to introduce any malicious code. We may restrict or terminate access to the Website at our discretion.
The Website and its content are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, to the maximum extent permitted by law.
15. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on the Website with a revised "Last Updated" date. Your continued use of the Website or the Services after changes are posted constitutes acceptance of the revised Terms.
16. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You agree to submit to the exclusive jurisdiction of the courts of Ontario for the resolution of any dispute arising out of or related to these Terms or the Services.