Terms of Service

Effective Date: March 6th, 2026  |  Last Updated: March 6th, 2026

These Terms of Service ("Terms") govern the relationship between Winbound.ai LLC, a Florida limited liability company ("Winbound," "we," "our," or "us"), and any individual or entity purchasing or using Winbound services ("Subscriber," "you," or "your").

By paying an invoice, activating a subscription, or otherwise purchasing services from Winbound.ai, you acknowledge that you have read, understood, and agreed to be bound by these Terms. These Terms are available at winbound.ai/terms and are incorporated by reference into all invoices, subscription payments, and service engagements.

1. Description of Services

Winbound provides fractional customer acquisition services including but not limited to:

  • Ideal Customer Profile definition
  • Prospect research and contact enrichment
  • Multi-channel outbound campaign execution
  • Opportunity qualification
  • Meeting participation and follow-up
  • Proof-of-value coordination
  • Customer acquisition strategy support

Winbound operates as a revenue-aligned outbound execution partner and does not guarantee specific revenue outcomes.

2. Subscription Fees

Subscribers subscribe to Winbound services under the following structure:

  • Monthly Subscription Fee: $2,500 per month
  • Billing Schedule: Monthly, in advance
  • Payment Due: Immediately upon invoice

Payments may be made by:

  • Credit card
  • ACH
  • Zelle

Credit card and ACH payments may be processed through any payment processor Winbound chooses to designate. All payments are non-refundable.

3. Minimum Term and Cancellation

The service includes a minimum commitment of three (3) months. After the initial three-month period, the subscription converts to a month-to-month agreement. Subscribers may request cancellation by providing at least seven (7) days written notice via email. The three-month minimum term remains enforceable regardless of cancellation notice. No refunds will be issued for partial billing periods.

4. Success-Based Revenue Share

In addition to the monthly subscription fee, Winbound receives a success fee equal to twenty-five percent (25%) of Booked Revenue generated during the engagement.

For purposes of this agreement: "Booked Revenue" includes, annual recurring revenue (ARR), one-time transaction revenue, any contractually committed revenue generated from opportunities sourced by Winbound. The monthly subscription fees paid by the Subscriber are credited against the success fee owed.

Example:

If Booked Revenue = $200,000

25% Success Fee = $50,000

Subscription Fees Paid = $15,000

Net Success Fee Due = $35,000

Success fees become payable upon either the execution of the relevant customer agreement or receipt of customer payment, whichever occurs first.

5. Attribution of Opportunities

Winbound shall be entitled to success fees for any revenue generated from opportunities involving contacts that were sourced, enriched, researched, or engaged by Winbound during the engagement. Attribution will be determined based on Winbound activity logs or CRM records maintained within the Subscriber's system. Winbound retains attribution rights for a period of six (6) months following the initial introduction or engagement with the prospect. Winbound does not need to participate in closing the transaction in order to receive attribution.

6. Subscriber Responsibilities

Subscriber agrees to provide reasonable cooperation necessary for service delivery, including:

  • CRM access or activity tracking
  • Email domain or subdomain access
  • Phone numbers or calling infrastructure
  • Messaging approval
  • Availability for meetings or demos
  • Participation in proof-of-value processes

Failure to provide timely cooperation may negatively impact results. Winbound shall not be responsible for outcomes affected by delays or lack of participation by the Subscriber.

7. Outreach Infrastructure

Outbound communication may be conducted using:

  • The Subscriber's email domain or subdomain
  • Alternate domains configured at Subscriber expense
  • Subscriber-provided phone numbers
  • Alternative calling infrastructure configured at Subscriber expense

Winbound will make commercially reasonable efforts to comply with applicable communication laws and regulations.

However, the Subscriber remains responsible for legal compliance with all marketing, communication, and data regulations, including but not limited to CAN-SPAM, TCPA, and applicable international messaging laws.

8. Data Ownership

All bespoke prospect lists, enriched contact data, and campaign content created specifically for the Subscriber are owned by the Subscriber. Winbound retains ownership of proprietary methods, systems, campaign frameworks, enrichment processes, internal data sources, operational workflows.

Winbound may reuse its methodologies and processes across multiple Subscriber engagements.

9. Confidentiality

Both parties agree to maintain the confidentiality of non-public business, financial, and operational information obtained during the course of the engagement. Confidential information shall not be disclosed to third parties except as necessary to perform services or as required by law.

10. Marketing Rights

Subscriber grants Winbound the right to reference the Subscriber as a customer and to use the Subscriber's name and logo in marketing materials, case studies, or promotional content unless otherwise agreed in writing.

11. Non-Solicitation

During the engagement and for a period of twelve (12) months following termination, the Subscriber agrees not to directly hire or solicit employment of any Winbound employee or contractor without prior written consent.

12. Independent Contractor Relationship

Winbound operates as an independent contractor. Nothing in this agreement shall be construed as creating a partnership, joint venture, or employment relationship.

13. Limitation of Liability

To the fullest extent permitted by law, Winbound's total liability under these Terms shall not exceed the total fees paid by Subscriber to Winbound under this agreement. Winbound shall not be liable for lost profits, indirect damages, incidental damages, or consequential damages.

14. Dispute Resolution

In the event of a dispute arising under these Terms:

  1. The parties agree to attempt to resolve the dispute through good-faith mediation.
  2. If mediation fails, the dispute shall be resolved through binding arbitration.

Arbitration shall be conducted in the State of Florida in accordance with applicable arbitration rules.

15. Governing Law

These Terms shall be governed by and interpreted under the laws of the State of Florida, without regard to conflict-of-law principles.

16. Termination for Cause

Winbound may terminate services immediately if the Subscriber fails to make payment, violates applicable laws, misuses outreach systems, breaches these Terms, or otherwise interferes with service delivery. Termination does not relieve the Subscriber of any outstanding payment obligations.

17. Acceptance of Terms

By paying an invoice, activating a subscription, or otherwise purchasing services from Winbound, the Subscriber acknowledges that they have read, understood, and agreed to these Terms of Service.

18. Modifications to Terms

Winbound may update these Terms from time to time. Updated Terms will be posted at winbound.ai/terms. Continued use of services or payment of invoices after updates constitutes acceptance of the revised Terms.

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