We are so glad you're here. First, a bit of honesty, because you deserve it from the start. Tailwind is a new and evolving program. We are building it thoughtfully, but it is a work in progress, and we cannot promise or guarantee specific results. What we can promise is our full effort and a genuine partnership focused on your growth.
Thank you for being one of our very first. By stepping in early, you help shape what we are building, and it means a great deal that you would trust us at this stage. We are truly excited to be in this with you, because the way we see it, your success is our success.
Beta Participation Agreement & Disclaimer
This Agreement is between LUXX ELEGANT LLC, a Texas limited liability company doing business as Tailwind Business Intelligence ("Tailwind," "we," "us"), and the individual and business accepting these terms at sign-in ("you," "your").
1. What this is
Tailwind is an early-access (beta) program providing AI-assisted business strategy, marketing support, and intelligence tools. You participate as a complimentary test client; no fee is charged.
2. Work in progress, "as is"
Tailwind is new and evolving and is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or uninterrupted or error-free operation.
3. No guarantee of results
We give our genuine best effort, but outcomes depend on many factors outside our control. We do not promise or guarantee any specific result, including leads, inquiries, bookings, rankings, revenue, or growth.
4. Not professional advice
Our strategies, recommendations, drafts, and materials are informational only, and are not legal, financial, tax, or other licensed professional advice. Review and verify anything before relying on it. Your business decisions are your own.
5. Your responsibility
You are responsible for your business decisions and any action you take. We will not send communications, publish content, or spend money on your behalf without your direction and approval.
6. Confidentiality (mutual)
We keep your confidential business information private and use it only to serve you. You likewise keep our tools, methods, and non-public materials private. Neither discloses the other's confidential information except as needed to provide the service or as required by law.
7. Your data
We use the information you provide to operate and improve the program and to serve you. We do not sell your information. We may use anonymized or aggregated data to improve our tools, and take reasonable measures to protect your information.
8. Intellectual property
We own the Tailwind platform, tools, and methods. You own your business content and data. Deliverables we prepare specifically for your business are yours to use for your business.
9. No partnership
This is an independent test engagement only, and does not create a partnership, joint venture, employment, agency, or fiduciary relationship. "Your success is our success" reflects our sincere commitment and shared aspiration, and is not a legal obligation, guarantee, or promise of any outcome.
10. Limitation of liability
To the maximum extent permitted by law, and because your participation is free, the total combined liability of Tailwind and LUXX ELEGANT LLC for any claims arising out of or relating to the program is limited to one hundred U.S. dollars ($100). We are not liable for any indirect, incidental, special, consequential, or exemplary damages, or for lost profits, revenue, business, or data.
11. Term and termination
Either party may end participation at any time, for any reason, with no further obligation. Sections 3, 4, 6, 8, 9, and 10 survive termination.
12. Governing law
This Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws rules.