Version 1.1.1 — effective Oct 4, 2026 · Version history
Also see: Privacy Policy · Data Processing Addendum
Document version: 1.1.1 · Effective date: 2026-10-04 · Last updated: 2026-10-04
These Terms of Service ("Terms") are a binding agreement between True Wind Solutions, LLC ("True Wind," "Company," "we," "us," or "our") and the organization or individual agreeing to these Terms ("Customer," "you," or "your") governing access to and use of the Navigator platform, including the Capital Reserve Manager, Cash Flow Manager, and Membership Pipeline Manager applications and any other applications, features, or services we make available under Navigator (collectively, the "Service").
By clicking "I Agree" (or similar), creating an account, or otherwise accessing or using the Service, you accept these Terms on behalf of yourself and, if applicable, the organization you represent. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case "Customer" refers to that entity.
If you do not agree to these Terms, do not access or use the Service.
Navigator is a subscription software platform for private club operators. It is offered in tiers ("Starter," "Professional," and "Enterprise") and, depending on the tier and any applicable Order Form, may include modules such as Capital Reserve Manager (capital reserve study and funding planning), Cash Flow Manager (cash flow and financing projections), and Membership Pipeline Manager (candidate/membership intake and pipeline tracking). The specific applications, features, and usage limits available to Customer are as described on our website or in a mutually executed order form, statement of work, or similar ordering document (an "Order Form"), which is incorporated into these Terms by reference.
We may add, change, or discontinue features of the Service from time to time. We will not materially reduce the core functionality of a paid tier during a then-current subscription term without providing notice or a reasonable substitute.
3.1 Eligibility. You must be at least 18 years old and able to form a binding contract to use the Service. The Service is intended for business use by private clubs and similar organizations, not for personal, household, or consumer use.
3.2 Account registration. You must provide accurate, current information when creating an account and keep it up to date. You are responsible for safeguarding your login credentials and for all activity that occurs under your account, including activity by any staff, contractors, board members, or other individuals you authorize to access the Service on Customer's behalf ("Authorized Users"). You must notify us promptly at security@truewindsolutions.com of any unauthorized use of your account.
3.3 Administrator accounts. Customer is responsible for designating and managing its own administrator-level Authorized Users within Navigator's admin console, including granting, changing, and revoking access as personnel change.
4.1 Fees. Fees are as stated on an Order Form or as otherwise agreed in writing. Except as stated in an Order Form, fees are quoted and payable in U.S. dollars.
4.2 Billing. Subscriptions are billed in advance on the cycle stated in the Order Form (e.g., annually). Unless otherwise stated, fees are non-refundable except as required by law or as expressly stated in these Terms.
4.3 Renewal. Unless otherwise stated in an Order Form, subscriptions automatically renew for successive terms equal to the expiring term, at then-current rates, unless either party gives written notice of non-renewal at least 30 days before the end of the then-current term.
4.4 Late payment. We may suspend access to the Service for accounts with fees more than 15 days past due, after written notice, until payment is made current.
4.5 Taxes. Fees are exclusive of taxes. Customer is responsible for all applicable sales, use, VAT, or similar taxes other than taxes on our net income.
4.6 Free Trials. If Company makes a trial or evaluation period available, the Service is provided during that period "as is," without warranty, and Company may terminate the trial at any time.
5.1 Ownership. As between the parties, Customer owns all data, content, and information that Customer or its Authorized Users submit to or generate within the Service, including club financial data, asset inventories, and information about club members, membership candidates, sponsors, endorsers, and committee members entered into Membership Pipeline Manager ("Customer Data").
5.2 License to us. Customer grants True Wind a limited, non-exclusive, worldwide license to host, copy, transmit, display, and otherwise process Customer Data solely as necessary to provide, secure, support, and improve the Service, and as otherwise permitted under these Terms and our Privacy Policy and Data Processing Agreement.
5.3 Customer's responsibility for Customer Data. Customer represents that it has all rights and permissions necessary to submit Customer Data to the Service, including any personal data of club members, membership candidates, sponsors, endorsers, or other third parties, and that its collection and submission of such data to the Service complies with applicable law and Customer's own privacy notices and obligations to those individuals. Customer, not True Wind, is responsible for determining an appropriate legal basis for processing any personal data it submits to the Service and for providing any required notices to the individuals whose data it submits.
5.4 Data Processing Agreement. To the extent Customer Data includes personal data subject to applicable data protection law, the Data Processing Agreement made available to Customer (the "DPA") applies and is incorporated into these Terms. Where the DPA conflicts with these Terms regarding the processing of personal data, the DPA controls.
You will not, and will not permit any Authorized User or third party to:
We may suspend access to the Service if we reasonably believe a violation of this Section poses a security risk or legal liability to us, other customers, or third parties, and will use commercially reasonable efforts to notify Customer beforehand or promptly after, except where prohibited by law or where notice would compromise our ability to prevent harm.
The Service may allow Customer to connect third-party systems (for example, club management, accounting, or membership management platforms). True Wind is not responsible for the availability, accuracy, or security practices of third-party systems, and Customer's use of any such integration is subject to that third party's own terms. Customer authorizes us to exchange data with a third-party system Customer connects, solely to provide the integration Customer requests.
8.1 Our IP. True Wind and its licensors own all right, title, and interest in and to the Service, including all software, design, "Navigator," "Capital Reserve Manager," "Cash Flow Manager," "Membership Pipeline Manager," and all associated trademarks, and all improvements, enhancements, and derivative works, excluding Customer Data. These Terms do not grant Customer any rights to our trademarks or branding except as necessary to use the Service as permitted.
8.2 Feedback. If Customer or an Authorized User provides suggestions, ideas, or feedback about the Service, True Wind may use that feedback without restriction or obligation to Customer.
Each party may receive non-public information about the other ("Confidential Information"), which includes Customer Data (Customer's Confidential Information) and non-public information about the Service, including pricing, security practices, and product roadmap (True Wind's Confidential Information). Each party will use the other's Confidential Information only to perform under these Terms, protect it with at least the same care it uses for its own similarly sensitive information (and no less than reasonable care), and not disclose it except to personnel, contractors, or advisors with a need to know and who are bound to confidentiality obligations at least as protective as this Section, or as required by law (with notice to the other party where legally permitted).
10.1 Availability. We will use commercially reasonable efforts to make the Service available, but the Service may be unavailable during scheduled maintenance or due to circumstances beyond our reasonable control. We do not guarantee uninterrupted or error-free operation. We do not currently commit to a formal uptime SLA; one may be added for specific tiers or customers in the future.
10.2 Support. We provide support as described on our website or in an applicable Order Form.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DATA WILL NOT BE LOST. CAPITAL RESERVE MANAGER, CASH FLOW MANAGER, AND ANY FUNDING PROJECTIONS, SCENARIOS, OR CALCULATIONS PROVIDED THROUGH THE SERVICE ARE PLANNING TOOLS BASED ON DATA AND ASSUMPTIONS CUSTOMER PROVIDES OR CONFIRMS, ARE NOT FINANCIAL, ACCOUNTING, ENGINEERING, OR LEGAL ADVICE, AND CUSTOMER IS SOLELY RESPONSIBLE FOR VERIFYING THEIR ACCURACY AND SUITABILITY BEFORE RELYING ON THEM FOR BUDGETING, DUES-SETTING, OR OTHER DECISIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO TRUE WIND IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The cap above does not apply to: (i) either party's indemnification obligations, (ii) breach of confidentiality, (iii) Customer's payment obligations, or (iv) either party's gross negligence, willful misconduct, or fraud.
13.1 By True Wind. True Wind will defend Customer against any third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes that third party's U.S. intellectual property rights, and will indemnify Customer for damages finally awarded, subject to Customer promptly notifying us, giving us sole control of the defense, and reasonably cooperating.
13.2 By Customer. Customer will defend and indemnify True Wind against any third-party claim arising from (a) Customer Data, including any claim that Customer's collection or submission of personal data to the Service violated applicable law or a third party's rights, (b) Customer's or an Authorized User's use of the Service in violation of these Terms, or (c) Customer's breach of Section 5.3.
Indemnification obligations under this Section are not subject to a separate cap beyond the general limitation in Section 12.
14.1 Term. These Terms remain in effect for as long as Customer has an active subscription or account.
14.2 Termination for cause. Either party may terminate these Terms or an Order Form if the other party materially breaches these Terms and does not cure the breach within 30 days of written notice.
14.3 Termination for non-payment. We may suspend or terminate access for non-payment as described in Section 4.4.
14.4 Effect of termination. Upon termination or expiration, Customer's right to access the Service ends. For 30 days following termination, Customer may request export of Customer Data in a standard format (e.g., CSV/PDF export, consistent with the Service's existing Report Generator and export functionality). After that period, we will delete or de-identify Customer Data from active systems within 60 days, except as required to comply with law, resolve disputes, or as retained in routine backups until they are cycled out per our standard backup retention schedule.
These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia.
Disputes are resolved through litigation in the courts described above, not mandatory arbitration. Each party agrees to bring any dispute only in its individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. Disputes involving different Customers will not be consolidated without the written consent of all parties involved.
We may update these Terms from time to time. Each version will be assigned a version number and effective date. The current version is always available at a stable URL in Navigator; prior versions are maintained by True Wind and available on request. For material changes, we will provide at least 30 days' notice (e.g., by email to the account administrator or an in-app notice) before the change takes effect. Continued use of the Service after a change takes effect constitutes acceptance. If Customer does not agree to a material change, Customer's remedy is to stop using the Service and, if applicable, decline renewal. This Section 16 also governs amendments to the Data Processing Agreement incorporated by reference under Section 5.4: a new version becomes effective in the same manner as a change to these Terms, including the notice required above for a material change, except where the DPA provides its own specific notice mechanism for a particular type of change (such as Section 7.2's notice of new Subprocessors), which governs instead for that type of change.
17.1 Entire agreement. These Terms, together with any Order Form, the Privacy Policy, and the DPA, constitute the entire agreement between the parties regarding the Service and supersede prior agreements on the subject.
17.2 Assignment. Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition, or sale of substantially all assets, with notice to the other party.
17.3 Force majeure. Neither party is liable for delay or failure to perform due to causes beyond its reasonable control.
17.4 Severability. If any provision is found unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
17.5 No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
17.6 Notices. Legal notices to True Wind should be sent to legal@truewindsolutions.com or to True Wind Solutions, LLC, c/o Northwest Registered Agent Service, Inc., 8735 Dunwoody Place, Ste N, Atlanta, GA 30350. Notices to Customer will be sent to the contact information on the account.
17.7 Independent contractors. The parties are independent contractors; these Terms do not create a partnership, joint venture, or agency relationship.
Questions about these Terms: legal@truewindsolutions.com General support: sales@truewindsolutions.com