Terms of service

Last updated: April 27, 2026

These are the Terms of Service for Tradewindstack ("we," "us," "our") operated by Renan Hernandez. By purchasing any service or using this website, you ("you," "your," "client") agree to these terms.

1. The services we offer

Tradewindstack sells three productized services:

  • The Audit ($497, one-time) — a 90-minute call plus a written report covering your storefront, paid ads, email, and automation. Delivered within ~7 days of purchase.
  • The Setup ($3,500, 30-day sprint) — full implementation including a custom Shopify build, paid ads launch on one channel, Klaviyo welcome flow, two SEO landing pages, schema markup, one content automation pipeline, and brand voice documentation.
  • The Retainer ($1,500/month, 3-month minimum) — ongoing monthly ad management, content engine, Klaviyo campaigns, and quarterly automation audits. Capped at three concurrent clients.

Each service has a fixed scope. Out-of-scope work requires a separate written agreement.

2. Payment terms

  • The Audit: 100% upfront via the website at the time of purchase.
  • The Setup: 50% on signed scope (after the discovery call), 50% on Day 30 delivery. Both via invoice.
  • The Retainer: Monthly via Shopify subscription billing or invoice. First three months are non-cancellable. After month three, cancel anytime with 30 days written notice.

All amounts in USD. Payment via Shopify Payments (Stripe). We are not currently registered to charge sales tax in any jurisdiction; you are responsible for any tax obligations on your end.

3. What we deliver, and what we don't

We deliver the specific deliverables listed for each service. We do not deliver:

  • Custom photography or video production (outside the agreed scope)
  • Logo design or brand identity from scratch (we work within your existing brand voice)
  • Multi-channel paid ads simultaneously in The Setup (one channel per Setup; multiple channels via Retainer add-on)
  • Performance guarantees. We do good work backed by real receipts. We don't promise specific revenue, ROAS, or growth outcomes — anyone who does is selling theater.

4. Your responsibilities

To deliver our work, we need:

  • Account access within 48 hours of starting the engagement — Shopify, Klaviyo, ad accounts, analytics, search console (full list shared at intake).
  • Reasonable response time on questions and approvals during active engagements (~2 business days).
  • Honest information about your business, current performance, and goals.

If access or approvals are delayed, the timeline shifts proportionally. The 30-day Setup sprint includes a 7-day grace period for client review delays.

5. Intellectual property

  • What you own: All deliverables produced specifically for your business (your custom Liquid templates, your brand voice doc, your campaign creative, your written audit report). On full payment, these become yours unconditionally. No watermarks, no licensing fees, no "hosted by us."
  • What we own: The methodology, frameworks, and reusable patterns we apply across all clients. We may reference engagements as case studies (with anonymization if you request it). You retain veto rights on identifying details — tell us at intake.
  • Third-party tools: Anything you license from third parties (Shopify themes, Klaviyo templates, stock photography, etc.) is governed by those licenses, not ours.

6. Confidentiality

We treat all client business information as confidential. We do not disclose financial figures, strategies, or unreleased product information to anyone outside the engagement. This obligation continues indefinitely after the engagement ends.

If you require a separate signed NDA, mention it at intake — we sign reasonable mutual NDAs at no additional charge.

7. Refund and cancellation policy

The full refund policy is at /policies/refund-policy. Summary:

  • The Audit: Full refund if cancelled within 24 hours of purchase, before the Day 0 intake email is sent. After that, no refund.
  • The Setup: Pro-rated refund if cancelled mid-sprint — you keep all completed deliverables, we keep payment for the work completed to date.
  • The Retainer: No refund on the 3-month minimum. After that, cancel anytime with 30 days notice; no refund for the notice period.

8. Limitation of liability

To the maximum extent permitted by law:

  • Our total liability to you for any claim arising from the services is capped at the total amount you have paid us in the 12 months preceding the claim.
  • We are not liable for indirect, incidental, consequential, or punitive damages — including lost revenue, lost profits, lost data, or reputational harm.
  • We are not liable for outcomes that depend on third-party platforms (Shopify, Google, Meta, Klaviyo) changing their policies, algorithms, or pricing.

This limitation does not apply to liability arising from gross negligence or willful misconduct.

9. Indemnification

You agree to indemnify and hold us harmless from claims arising from: (a) content you provide to us that infringes third-party rights, (b) your use of our deliverables in ways that violate applicable laws, (c) your business operations generally.

10. Termination

Either party may terminate an engagement for material breach with 7 days written notice and an opportunity to cure. We reserve the right to terminate immediately for non-payment, abusive behavior, or requests that violate these terms.

On termination, you owe payment for work completed through the termination date. We deliver work-in-progress in its current state.

11. Governing law

These terms are governed by the laws of the State of Hawaii, USA. Any dispute will be resolved in the courts of the County of Kaua'i, State of Hawaii. Both parties agree to attempt good-faith mediation before initiating legal proceedings.

12. Changes to these terms

We may update these terms occasionally. The "Last updated" date reflects the most recent change. Material changes will be communicated to active clients in advance. Your continued use of the services after changes constitutes acceptance.

13. Contact

Questions about these terms or any engagement: hello@tradewindstack.com.

Tradewindstack · Operated by Renan Hernandez · Kaua'i, Hawaii, USA