Terms of Service

By accessing or using Tailwind ("the Service"), operated by Tailwind Growth Holdings Pty Ltd (ABN 58 696 056 112) ("Tailwind Growth", "we", "our"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

The Service is available at buddy.tailwindgrowth.ai.

In these Terms, the following capitalised terms have the meanings set out below:

• "Agreement" means these Terms of Service, together with any applicable Order and our Privacy Policy.
• "Customer" or "you" means the individual or entity that registers for and uses the Service.
• "Order"means Tailwind Growth's ordering document, online sign-up, or other ordering process that Tailwind Growth enables, specifying the products or services to be provided under this Agreement, accepted by Tailwind Growth in accordance with the Ordering Process and Delivery section.
• "Initial Term" means the initial subscription period specified in your Order.
• "Privacy Policy" means the privacy policy available at buddy.tailwindgrowth.ai/privacy, as updated from time to time.
• "Service" means the Tailwind platform, including all features, functionality, and integrations made available by Tailwind Growth at buddy.tailwindgrowth.ai.
• "Tailwind Growth", "we", "our" means Tailwind Growth Holdings Pty Ltd (ABN 58 696 056 112).

Tailwind is a business development automation platform for SME service businesses. It helps manage your sales and client pipeline.

The Service integrates with Google Workspace (Gmail, Calendar, Drive) and Microsoft 365 (Outlook, Microsoft Calendar, OneDrive) to automate email sending, calendar syncing, transcription importing, and document sharing on your behalf. Each customer connects one workspace provider.

• You must provide a valid email address and create a password meeting our security requirements.
• You are responsible for maintaining the security of your account credentials.
• You must notify us immediately if you suspect unauthorised access to your account.
• One account per person. Accounts are not transferable.

Connecting your Google Workspace account is optional but required for core functionality (email automation, calendar sync, transcription import). By connecting, you grant Tailwind permission to:

• Send emails from your Gmail account to your leads and clients
• Read emails in your designated "New Lead" Gmail label
• Read and create events on your Google Calendar
• Access files in your Google Drive for transcription import and document sharing

You can disconnect your Google Workspace at any time from the Settings page, which immediately revokes Tailwind's access.

Tailwind's use of Google data is designed to comply with the Google API Services User Data Policy, including the Limited Use requirements.

Connecting your Microsoft 365 account is an alternative to Google Workspace, required for core functionality (email automation, calendar sync, transcription import). By connecting, you grant Tailwind permission to:

• Send emails from your Outlook account to your leads and clients
• Read emails in your designated "New Lead" Outlook folder
• Read and create events on your Microsoft Calendar
• Access files in your OneDrive for transcription import and document sharing

You can disconnect your Microsoft 365 at any time from the Settings page, which immediately revokes Tailwind's access and deletes your stored tokens.

You agree not to:

• Use the Service for spam, unsolicited bulk email, or any unlawful purpose
• Attempt to access other users' data or accounts
• Interfere with or disrupt the Service or its infrastructure
• Reverse-engineer, decompile, or attempt to extract the source code of the Service
• Use the Service in violation of any applicable laws or regulations
• Upload or transmit malicious code, viruses, or harmful content

We reserve the right to suspend or terminate accounts that violate these terms.

All intellectual property rights in the Service, including software, design, trademarks, logos, and documentation, are owned by Tailwind Growth or its licensors. Nothing in these Terms grants you any rights to our intellectual property other than the limited right to use the Service in accordance with these Terms.

You must not reproduce, modify, distribute, or create derivative works based on any part of the Service without our prior written consent.

You retain ownership of all data you enter into Tailwind (for example leads, clients, notes, settings). We do not claim any intellectual property rights over your content.

You are responsible for the accuracy and legality of the data you provide, including ensuring you have the right to store and process your leads' contact information under applicable privacy laws.

For details on how we handle your data, see our Privacy Policy.

We aim to provide a reliable service consistent with industry standards but do not guarantee uptime. The Service may be temporarily unavailable for maintenance, updates, or circumstances beyond our control.

We are not liable for any loss or damage resulting from service interruptions.

The billing cycle is monthly unless otherwise stated in your Order. Subscription payments are processed automatically on a recurring basis via Stripe, our third-party payment processor.

By subscribing, you authorise us to charge your nominated payment method (credit or debit card) for all fees payable during the Term. Your card details are stored and processed securely by Stripe and are not held by Tailwind Growth.

You will keep your business information up to date, including your company name, address and primary contact. You will also keep your payment method up to date to ensure uninterrupted access to the Service.

Your subscription fees are inclusive of GST (10%) unless otherwise specified. All prices are in Australian dollars.

If a payment fails, Stripe will automatically retry your payment up to 4 times over 7 days. You will receive automated email notifications during this period. If all retry attempts fail, your subscription will be automatically cancelled and your access to the Service will be suspended. To reactivate your subscription, please contact support@tailwindgrowth.ai.

We reserve the right to change pricing with at least 30 days' written notice. If you do not agree with a price change, you may cancel your account before the new pricing takes effect.

You can cancel your subscription at any time by contacting us at support@tailwindgrowth.ai. No self-service cancellation is available in the platform. Upon cancellation, you will retain access to the Service until the end of your current billing period.

No refund will be issued for the remainder of a billing period following cancellation, unless otherwise required by Australian Consumer Law.

Payments for additional retainer (consulting/ fractional) services are currently managed via invoice. Invoices are due within 14 days of issue.

No Order is binding until Tailwind Growth provides its acceptance, including by sending a confirmation email or providing access to the Service. No terms of any purchase order or other business form used by the Customer will supersede, supplement, or otherwise modify this Agreement.

Tailwind Growth will deliver login credentials or access to the Service electronically, to the Customer's registered email address or account, promptly upon receiving payment of the applicable fees. The Customer is responsible for configuring the Service for their use, including connecting their workspace (Google Workspace or Microsoft 365) and completing the setup wizard.

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or right under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded, restricted, or modified by agreement.

To the maximum extent permitted by law, Tailwind Growth is not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, arising from your use of the Service.

Our total liability for any claim arising from these Terms or your use of the Service shall not exceed the amount you paid us in the 1 month immediately preceding the claim.

You agree to indemnify and hold harmless Tailwind Growth, its officers, and employees from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your use of the Service, your breach of these Terms, or your violation of any applicable law — including any claims arising from emails sent through the Service on your behalf.

Term. Your Initial Term will be specified in your Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the same duration as your prior term or one year.

Termination. You may close your account at any time by contacting support@tailwindgrowth.ai. We may suspend or terminate your access if you breach these Terms, with or without notice depending on the severity of the breach.

Upon termination, your data will be deleted in accordance with our Privacy Policy.

We may update these Terms from time to time. For material changes, we will provide at least 14 days' notice via email before the changes take effect. Your continued use of the Service after that period constitutes acceptance of the updated Terms. If you do not agree with the changes, you may close your account.

These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of New South Wales.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining provisions will continue in full force and effect.

These Terms of Service, together with our Privacy Policy, and your Order, constitute the entire agreement between you and Tailwind Growth Holdings Pty Ltd in relation to your use of the Service. They supersede all prior or contemporaneous communications, proposals, representations, understandings, or agreements, whether written or oral, relating to the subject matter of these Terms.

For questions about these Terms, contact us at:

Tailwind Growth Holdings Pty Ltd
Email: support@tailwindgrowth.ai
Website: buddy.tailwindgrowth.ai