These Terms of Service ("Terms") are a legally binding agreement between you and Windofy ("Windofy," "we," "us," or "our"). They govern your access to and use of our website located at https://windofy.net and any related pages, forms, and online services we make available through that website (collectively, the "Site").
Important: The Site allows you to submit requests for quotes and to contact us. Any installation services, product purchases, warranties, or construction work are subject to separate written agreements and are not completed or finalized solely through the Site.
Acceptance of these Terms
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.
If we provide a checkbox or similar mechanism stating "I agree to the Terms of Service and Privacy Policy" at the point where you submit a form, then checking that box (or otherwise affirmatively indicating assent) constitutes your electronic signature and acceptance of these Terms.
If you are using the Site on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity, and "you" includes that entity.
Definitions
- "Site" means our website and related web pages and features operated by us.
- "Services" means the online functionality available through the Site, including quote request submission, contact submission, and informational content.
- "User Content" means information and materials you submit through the Site, including text, photos, images, and files.
- "Quote Request" means a request you submit to obtain preliminary pricing or information.
Scope of the Site and Services
The Site is intended to provide information about our offerings and to enable you to request that we contact you or provide an estimate.
No binding estimate through the Site. Any estimate, quote, or preliminary pricing provided via the Site or through subsequent communications is non-binding and may change based on additional details, measurements, site inspection, product selection, availability, and other factors. Final pricing and terms, if any, require a separate written agreement.
Informational content only. Content on the Site (including educational or product information) is provided for general informational purposes and may not reflect your specific property or circumstances.
Services Offered
Windofy provides window and door replacement services in New Jersey and New York. We offer two primary service options:
- Full Service: Window supply and professional installation by our certified team
- Windows Only (Supply): Window supply for customer self-installation or installation by customer's contractor
Services are subject to availability and may vary based on location, project scope, and other factors.
User Accounts and Registration
We do not currently require users to create an account to use the Site. If we introduce account features in the future, we may require registration and additional terms may apply.
Eligibility
You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract to use the Site. The Site is not directed to children.
If a minor (person under 18, or under the age of majority where they live) assists an adult in using the Site or submitting information on behalf of an adult, the adult remains fully responsible for all actions, submissions, and agreements made through the Site. By allowing a minor to assist you, you acknowledge that you are supervising their use and accept full responsibility for any information submitted.
Permitted and Prohibited Uses
Permitted use. You may use the Site for lawful purposes, including to review information and submit Quote Requests or contact messages.
Prohibited use. You may not:
- Use the Site in violation of applicable law or regulations.
- Submit false, misleading, or deceptive information, including impersonating any person or entity.
- Transmit spam, unsolicited promotional messages, or automated submissions through our forms.
- Probe, scan, or test the vulnerability of the Site or any related systems, or breach security or authentication measures.
- Interfere with or disrupt the Site, including by introducing malware, viruses, or harmful code.
- Scrape, crawl, harvest, or use automated means to access the Site in a manner that imposes an unreasonable load, bypasses protective measures, or copies substantial portions of Site content without permission.
- Upload User Content that infringes intellectual property rights, privacy rights, or other rights of any third party.
- Upload content that is unlawful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
- Submit passwords, payment card numbers, or other highly sensitive information through the Site.
User Content Rights, Licenses, and Submission Rules
Your ownership. As between you and Windofy, you retain your rights in your User Content.
License to Windofy (evaluation and communication only). By submitting User Content through the Site, you grant Windofy a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, store, transmit, and display your User Content solely as reasonably necessary to: (a) review and evaluate your inquiry; (b) communicate with you; (c) prepare and refine estimates; and (d) coordinate potential services or product options.
No marketing use without permission. We will not use your submitted photos or files for marketing, advertising, or public display without your prior permission.
Your promises. You represent and warrant that: (a) you have the rights and permissions needed to submit your User Content; (b) your submission does not violate any law or third-party rights; and (c) any photos you submit do not include sensitive or confidential information, and do not unreasonably expose the privacy of others.
Accuracy of Information
You are responsible for providing accurate, complete, and truthful information when requesting quotes or services. This includes:
- Accurate measurements (if self-provided)
- Clear and representative photographs
- Complete disclosure of property conditions
- Accurate contact information
Windofy is not responsible for delays, additional costs, or project complications resulting from inaccurate or incomplete information provided by the customer.
Intellectual Property
The Site and its content (excluding User Content) are owned by Windofy or its licensors and are protected by intellectual property laws. Windofy and related logos/marks are our trademarks or trade dress.
Subject to your compliance with these Terms, Windofy grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for its intended purposes.
Open-Source Software and Third-Party Components
The Site may include third-party software components, including open-source software, that are subject to separate license terms. To the extent required by applicable licenses, those license terms will apply to your use of the relevant components. In case of conflict between these Terms and an open-source license, the open-source license governs for that component.
We may provide notices and attributions for third-party components on an "Open Source Notices" page or within our repository documentation.
Payment and Billing
No payments processed on the Site. We do not currently accept payments through the Site.
Purchases of products (e.g., windows) and/or installation services, if any, are handled separately and are governed by separate written agreements, invoices, and payment terms.
Free and Trial Terms
Quote Requests submitted through the Site are currently offered free of charge and without obligation unless and until you enter into a separate written agreement with Windofy.
Warranties and Guarantees
Full Service Warranty
For full-service installations (windows + installation), Windofy provides warranty coverage on both product and labor as specified in the written contract.
Warranty terms, duration, and coverage will be detailed in the formal agreement.
Windows Only (Supply)
For windows-only purchases, manufacturer warranties apply to the products. Windofy is not responsible for installation performed by the customer or third-party contractors.
No labor warranty is provided for windows-only purchases.
Warranty Limitations
Warranties do not cover:
- Damage caused by improper use, maintenance, or care
- Normal wear and tear
- Damage from accidents, natural disasters, acts of God, or whomever or whatever created everything
- Modifications or repairs performed by unauthorized parties
- Issues resulting from customer-provided incorrect measurements or information
Privacy and Data Handling
Our Privacy Policy explains how we collect, use, and share information. Please review it here: Privacy Policy.
By using the Site or submitting any form, you acknowledge that you have read and understand the Privacy Policy.
Security
No method of transmission over the internet or electronic storage is completely secure. You are responsible for using the Site in a secure manner and for not submitting sensitive information through the Site.
Third-Party Services and Links
The Site may rely on third-party service providers (for example, hosting providers, form-processing, email delivery services, analytics providers, or customer communication tools) to operate. We are not responsible for third-party services that we do not control.
The Site may also include links to third-party websites. Links are provided for convenience and do not imply endorsement. Your use of third-party sites is subject to their terms and policies.
Service Limitations
Service Area
Windofy currently operates in New Jersey and New York. Services outside these areas are not guaranteed and are subject to evaluation on a case-by-case basis.
Project Acceptance
Windofy reserves the right to decline any project or service request at our discretion, including but not limited to:
- Projects outside our service capabilities
- Projects requiring specialized permits or certifications we do not hold
- Projects in areas we do not service
- Situations where safety or legal concerns exist
Website Availability
While we strive to maintain continuous website availability, Windofy does not guarantee uninterrupted access. The website may be temporarily unavailable due to maintenance, technical issues, or other factors beyond our control.
Disclaimers
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINDOFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limiting the foregoing, Windofy does not warrant that the Site will be uninterrupted, error-free, or secure, or that content will be accurate or complete. Any reliance on information on the Site is at your own risk.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WINDOFY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINDOFY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF (A) US $100 OR (B) THE AMOUNT YOU PAID TO WINDOFY THROUGH THE SITE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (IF ANY).
Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless Windofy and its officers, directors, employees, contractors, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site; (b) your User Content; or (c) your violation of these Terms or applicable law.
Termination and Suspension
We may suspend or terminate your access to the Site at any time if we believe you have violated these Terms, if we are investigating suspected misconduct, or to protect the Site, us, or others.
You may stop using the Site at any time.
Dispute Resolution and Governing Law
Informal resolution first. Before filing a claim, you agree to contact us at contact@windofy.net and provide a brief description of the dispute and your contact information. The parties will attempt to resolve the dispute informally within 30 days.
Governing law. These Terms are governed by the laws of the State of New Jersey, without regard to conflict of laws principles.
Venue. Except where prohibited by law, you agree that any dispute not resolved informally will be brought exclusively in the state or federal courts located in New Jersey, and you consent to personal jurisdiction and venue in those courts.
Changes to these Terms
We may update these Terms from time to time. Your continued use of the Site after the updated Terms are posted constitutes acceptance of the updated Terms.
Contact Information
Windofy
Email: contact@windofy.net
Miscellaneous
- Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
- No waiver. A failure to enforce any provision is not a waiver.
- Assignment. You may not assign these Terms without our consent; we may assign them as part of a merger or sale of assets.
- Entire agreement. These Terms and the Privacy Policy form the entire agreement regarding the Site.