Terms of Service

Last updated: May 29, 2026

These Terms of Service ("Terms") govern your use of the Downwind platform ("Downwind," "Service," "we," "us," or "our"), operated by Downwind Software LLC, a Massachusetts limited liability company.

By creating an account or using Downwind, you agree to these Terms. If you do not agree, do not use the Service.

1. What Downwind Is

Downwind is a booking management tool for independent vacation rental owners. It helps you create bookings, collect payments from guests, sync with your calendar, and send automated emails. Downwind is a software tool — we are not a party to the rental agreement between you and your guests, and we do not own, manage, or control any vacation rental property.

2. Your Account

You must provide accurate information when creating your account. You are responsible for maintaining the security of your login credentials and for all activity that occurs under your account. You must notify us promptly if you suspect unauthorized access.

You may not share your account credentials with others or allow multiple individuals to use a single account.

3. Owner Responsibilities

As a property owner using Downwind, you agree to:

Provide accurate property information, rental terms, and guest details, and keep them current
Comply with all applicable federal, state, and local laws related to your vacation rental, including but not limited to zoning, licensing, tax collection, occupancy limits, and short-term rental regulations
Ensure that any rental agreement presented to guests (whether using our platform template or your own uploaded lease) complies with applicable law and accurately reflects the terms of the rental
Comply with Stripe's terms of service and connected account agreement in connection with payment processing through your Stripe account
Handle guest disputes, complaints, property damage claims, and refund requests directly — Downwind is not a party to these matters
Comply with applicable data protection laws when collecting and providing guest personal information to Downwind for booking purposes

Rental agreement disclaimer: The platform-provided rental agreement template is offered as a convenience and does not constitute legal advice. We make no representation that the template complies with the laws of your jurisdiction. You are solely responsible for ensuring that any rental agreement used through the Service meets your legal requirements. We strongly recommend having your rental agreement reviewed by a licensed attorney in your jurisdiction.

4. Guest Interactions

When you create a booking, Downwind generates a private tokenized link for your guest. The guest uses this link to review the booking, accept the rental agreement, and pay the deposit. Downwind facilitates this interaction on your behalf, but we are not a party to the rental agreement and bear no responsibility for its terms or enforceability.

5. Payments

Owner Subscription

Your Downwind subscription is billed monthly or annually at the rate displayed at signup. You authorize us to charge your payment method on file at the applicable rate. You may cancel at any time from your dashboard — access continues through the end of the current billing period. No refunds are issued for partial billing periods.

Guest Payments via Stripe Connect

Guest payments (deposits and balances) are processed through Stripe and flow directly between your guests and your Stripe-connected account. Downwind never holds, stores, or has access to guest funds. You are responsible for your obligations under the Stripe Connected Account Agreement, including tax reporting (e.g., 1099-K) and compliance with Stripe's terms. Stripe's fees apply to all transactions processed through your connected account.

No Refund Obligations

Downwind does not process refunds on your behalf. Cancellation and refund policies are between you and your guest as set forth in your rental agreement. You are solely responsible for issuing any refunds through your Stripe account.

6. Analytics and Monitoring

By using Downwind, you agree that we may collect and analyze usage data — including page views, clicks, feature usage, and session data — using PostHog. This data is used to improve the product, diagnose issues, and ensure service quality. See our Privacy Policy for details.

7. AI-Assisted Features

Downwind uses third-party AI language models (currently Google Gemini and OpenAI) to power certain features, including email-to-booking parsing and pre-arrival email personalization. When you use these features, the content you provide (such as pasted email text or property details) is sent to the applicable AI provider for processing. You should not paste content into these features that you are not authorized to share. AI-generated output is provided as a draft for your review — you are responsible for verifying its accuracy before use.

8. Intellectual Property

Downwind and its original content, features, and functionality are owned by Downwind Software LLC and are protected by applicable intellectual property laws. You retain ownership of all content you provide to the Service (property descriptions, photos, rental agreements, etc.).

You grant us a limited, non-exclusive, royalty-free license to use, store, and process your content solely to provide the Service to you. This license terminates when you delete your account.

9. Acceptable Use

You may not use Downwind to:

Violate any applicable law or regulation
Facilitate fraudulent, deceptive, or illegal rental transactions
Upload malicious code, attempt to access other users' data, or interfere with the Service
Use the Service for any purpose other than managing vacation rental bookings

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

10. Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOWNWIND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOST BOOKINGS, LOST PROFITS, OR DATA LOSS, ARISING FROM YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

DOWNWIND' TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE IS LIMITED TO THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Downwind Software LLC, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

Your use of the Service
Your rental operations, including disputes with guests, property damage, or personal injury
Your violation of these Terms or any applicable law
Content you provide through the Service, including rental agreements, property descriptions, and guest communications
Your use of Stripe Connect and any disputes related to payment processing through your connected account

12. Account Termination

You may delete your account at any time from your dashboard. We may suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or that we reasonably determine pose a risk to the Service or other users. Upon termination, your data will be retained for up to 30 days to allow for export, then permanently deleted unless retention is required by law.

Active guest booking links and pending payment invoices will cease to function upon account termination. You are responsible for resolving any outstanding bookings or payments before deleting your account.

13. Dispute Resolution

Any disputes arising from these Terms or your use of Downwind will be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in the Commonwealth of Massachusetts. You agree to resolve disputes on an individual basis and waive any right to participate in a class action.

Small claims exception: Either party may bring an individual action in small claims court in the Commonwealth of Massachusetts if the claim falls within the court's jurisdiction.

14. Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.

15. Changes to These Terms

We may update these Terms from time to time. For material changes, we will notify you via the email address associated with your account at least 14 days before the changes take effect. Continued use of Downwind after the effective date constitutes acceptance of the updated Terms. If you do not agree to the changes, you may close your account before they take effect.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17. Force Majeure

Downwind shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure outages, or third-party service failures (including Stripe, Google, and hosting providers).

18. Contact

Questions about these Terms? Reach us at support@downwinddirect.com.