Effective Date: 19 March 2025
This Highwind Terms of Use ("Agreement") is a legally binding contract between you ("User," "you," or "your"), whether personally or on behalf of an entity, and Melio AI, Inc. ("Melio AI," "Melio", "Highwind," "we," "us," or "our"), which operates the Highwind AI Marketplace. This Agreement governs your access to and use of the Highwind AI Marketplace, including but not limited to the website https://www.highwind.ai (the "Site"), any related services, and any AI solutions ("Solutions") offered therein. By accessing or using the Site and Services, you agree to comply with this Agreement.
If you do not agree with all terms of this Agreement, you are prohibited from using the Site or Services and must discontinue use immediately.
By clicking "Accept," registering an account, or using the Highwind Site or Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
Highwind reserves the right to modify this Agreement at any time by posting an updated version on the Site. Your continued use of the Services after any modifications constitutes your acceptance of the revised terms.
Your use of the Site and Services is also subject to:
If any conflict arises between these documents, this Agreement shall take precedence unless otherwise stated.
You must be at least 18 years old or the age of majority in your jurisdiction to use the Site or Services.
You agree to provide accurate and complete information when creating an account and to keep this information updated.
You are solely responsible for maintaining the confidentiality of your login credentials and any activity under your account.
Highwind may suspend or terminate your account for any violation of this Agreement or related policies.
Subject to your compliance with this Agreement, Highwind grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for lawful business purposes.
You shall not:
Users agree to pay all applicable fees as stated at the time of purchase. Fees are non-refundable unless stated in the Payment and Refund Policy. All fees are non-refundable unless otherwise stated.
You are responsible for any sales, use, value-added, or similar taxes or levies that may apply to your transactions.
If you subscribe to a service with recurring fees, you authorize Highwind to charge your payment method automatically.
You agree to defend, indemnify, and hold harmless Highwind, its affiliates, officers, directors, employees, agents, and licensors (collectively, "Indemnified Parties") from and against any third-party claims, actions, proceedings, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
Highwind will promptly notify you of any claim subject to indemnification. You will assume control of the defense at your own expense, but Highwind reserves the right to participate in the defense at its own cost and choice of counsel. You shall not settle any claim without Highwind's prior written consent if the settlement imposes liability or obligations on Highwind.
Highwind and its licensors own all rights, title, and interest in the Site, including trademarks, copyrights, and proprietary algorithms, as well as in the overall Services framework. This Agreement does not transfer or grant you any ownership interest in or to Highwind's intellectual property.
AI Solutions provided by third-party sellers remain the exclusive property of their respective owners. Buyers obtain only those usage rights explicitly granted under the AI Solutions License Agreement. Nothing in this Agreement grants Buyers ownership of or rights to modify or distribute third-party AI Solutions, unless otherwise stated in writing.
You retain all rights to content you post or submit on the Site (if any). By posting or submitting content, you grant Highwind a non-exclusive, worldwide, royalty-free license to use, host, reproduce, modify, and distribute such content solely for operating and improving the Services.
The Site, Services, and any AI Solutions are provided "as is" and "as available" without warranty of any kind. To the fullest extent permitted by law, Highwind disclaims all warranties, whether express, implied, statutory, or otherwise, including merchantability, fitness for a particular purpose, title, and non-infringement.
Highwind and its Providers strive to develop AI Solutions that deliver accurate, reliable, and high-quality results, but you acknowledge that AI-generated outputs may be incomplete, incorrect, biased, offensive, or otherwise unexpected.
To the maximum extent permitted by law, in no event will Highwind or its indemnified parties be liable for any indirect, incidental, consequential, special, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.
To the maximum extent permitted by law, Highwind's aggregate liability for any claim relating to the services shall not exceed the total amount of fees paid to Highwind by you in the six (6) months preceding the claim.
You acknowledge and agree that you are solely responsible for the use of AI Solutions in high-risk environments. Highwind and its Providers make no warranties regarding AI accuracy, reliability, or suitability for high-risk applications and disclaim all liability related to such use.
High-risk environments include, but are not limited to:
These limitations apply regardless of the legal theory and whether or not Highwind was advised of the possibility of such damages.
Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in the State of Delaware in accordance with the rules of the American Arbitration Association. The arbitrator's award shall be final and binding, and you hereby waive any right to a trial by jury or to participate in a class action.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to any conflict-of-law principles.
Nothing in this Section shall prevent either party from seeking injunctive or equitable relief for claims relating to intellectual property or unauthorized use of the Services.
Highwind may terminate or suspend your access immediately if you violate this Agreement or engage in prohibited conduct.
Upon termination, all licenses granted hereunder shall immediately cease. You remain liable for any unpaid fees.
This Agreement, including documents incorporated by reference, constitutes the entire agreement between you and Highwind.
If any provision is deemed invalid or unenforceable, the remainder shall remain in effect.
A party's failure to enforce a provision of this Agreement is not a waiver of its right to do so later.
You may not assign or transfer your rights or obligations under this Agreement without Highwind's prior written consent.
For questions regarding this Agreement, please contact Highwind at support@highwind.ai.
By using the Highwind Site and Services, you acknowledge that you have read, understood, and agreed to these Terms of Use.