Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, applications, and services operated by Second Wind AI, Inc. ("Second Wind," "we," "us," or "our"). By accessing or using our services, you agree to these Terms. If you do not agree, do not use our services.

Second Wind provides The Control Layer for Agent-led Buying: a platform that helps companies improve how they are understood, compared, cited, and recommended in buyer-facing AI systems. Our services may include, among other components:

• Reference Layer: structured, AI-readable representation deployed alongside your web presence (including the AI Surface)
• Diagnostic Engine: analysis of AI representation, positioning, and citation patterns
• Monitoring & Attribution: ongoing observability across major answer engines and related workflows
• Agent-to-Agent Sales: infrastructure for agent-mediated discovery and evaluation scenarios
• Reporting, recommendations, and customer-controlled content management for deployed surfaces

Specific features, scope, and service levels are defined in your order form, statement of work, or other written agreement with Second Wind.

You must provide accurate registration information and keep account credentials secure. You are responsible for activity under your account. You represent that you have authority to bind your organization to these Terms where applicable.

You agree not to:

• Use the services in violation of applicable law or third-party rights
• Attempt unauthorized access to systems, accounts, or data
• Interfere with or disrupt the integrity or performance of the services
• Reverse engineer or extract source code except where permitted by law
• Use the services to transmit malware, spam, or deceptive content
• Misrepresent your identity or affiliation

You retain ownership of content and data you submit. You grant Second Wind a limited license to host, process, display, and analyze that content solely to provide and improve the services, including monitoring, diagnostics, and optimization workflows you authorize.

You represent that you have the rights necessary to provide customer content and that its use through the services will not violate law or third-party rights.

Second Wind and its licensors retain all rights in the platform, software, documentation, branding, and related intellectual property, except for rights expressly granted to you. Feedback you provide may be used to improve our services without obligation to you.

The services may integrate with third-party tools, AI providers, analytics, hosting, or customer systems. Third-party terms and privacy practices apply to those services. Second Wind is not responsible for third-party products we do not control.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SECOND WIND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AI systems evolve quickly. We do not guarantee specific rankings, citations, recommendations, revenue outcomes, or model behavior. Results depend on many factors outside our control, including third-party model changes and market conditions.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SECOND WIND AI, INC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO SECOND WIND FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100) IF YOU HAVE NOT PAID FEES.

You will defend and indemnify Second Wind against claims arising from your content, your use of the services in violation of these Terms, or your violation of law or third-party rights, except to the extent caused by our gross negligence or willful misconduct.

We may suspend or terminate access for breach of these Terms or where required for security or legal reasons. You may stop using the services at any time. Provisions that by nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, and indemnification.

These Terms are governed by the laws of the Commonwealth of Massachusetts, United States, without regard to conflict-of-law principles. Exclusive venue for disputes arising from these Terms will be the state or federal courts located in Massachusetts, unless otherwise required by applicable law.

We may modify these Terms from time to time. Continued use after changes become effective constitutes acceptance of the revised Terms. Material changes will be indicated by updating the date on this page.