Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Winback Labs website located at winbacklabs.com and any related subdomains (collectively, the “Site”). The Site is operated by Winback Labs Inc., a Canadian corporation with its registered office at 107 Balliol Street, Toronto, Ontario M4S 1C2, Canada (“Winback Labs,” “we,” “us,” or “our”).

By accessing or using the Site, you (“you” or “User”) agree to be bound by these Terms. If you do not agree, please do not use the Site.

1. The Site and Its Purpose

The Site is an informational and marketing website. Through the Site you can:

• Read content about customer winback, including articles, case studies, and research
• Learn about the services Winback Labs offers
• Book a discovery or consultation call (e.g., via our Calendly link)
• Submit a contact form to get in touch with us
• Download or request resources such as the benchmark study or book information

The Site is not a platform for purchasing services online. If you engage Winback Labs to deliver services, the commercial and delivery terms of that engagement are governed by a separate, signed engagement agreement between you and Winback Labs. Nothing on the Site constitutes an offer to form a services contract. Any statements on the Site about pricing, outcomes, guarantees, or deliverables are marketing descriptions and are binding only when and to the extent they are incorporated into a signed engagement agreement.

2. Eligibility

You must be at least 18 years old and capable of entering into a binding contract in your jurisdiction to use the Site. If you are using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Booking Calls and Contact Forms

If you book a call via Calendly or submit our contact form, you agree to provide accurate information. Submissions are sent to our Gmail-hosted business email. By submitting your name, email address, and message, you consent to us using that information to respond to your inquiry and communicate with you about our services. Our handling of personal information is described in our Privacy Policy.

We reserve the right to decline any call request or inquiry at our discretion, including where we believe the request is spam, abusive, or not made in good faith.

4. Payments

The Site itself does not accept payments. Any payments for Winback Labs services are processed separately under the terms of the signed engagement agreement, using third-party payment processors such as Wise and (potentially) Stripe. Use of those processors is subject to their respective terms. Winback Labs is not responsible for the operation of third-party payment processors.

5. Intellectual Property

All content on the Site — including text, graphics, logos, images, benchmark data, frameworks, methodologies, and the structure and arrangement of the Site — is owned by Winback Labs or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

You may view and share the Site's content for personal, non-commercial purposes. You may not:

• Copy, reproduce, republish, or redistribute substantial portions of the Site's content for commercial purposes without our written permission
• Use our trademarks, logos, or brand elements without written permission
• Use any automated means (scrapers, bots, crawlers) to extract content from the Site, except where permitted by our robots.txt
• Remove or alter any copyright, trademark, or other proprietary notices

“Winback Labs,” “The Winback Revenue Engine,” “Lost Customer Journey Mapping,” and related product names are trademarks of Winback Labs Inc. The book Million Dollar Winback and The Customer Winback Benchmark Study are copyrighted works.

Excerpts of quotes from third parties appearing on the Site (e.g., book endorsements) are used with permission and remain the intellectual property of their respective authors.

6. Acceptable Use

When using the Site, you agree not to:

• Use the Site for any unlawful purpose or in violation of these Terms
• Attempt to interfere with, disrupt, or gain unauthorized access to the Site or its infrastructure
• Transmit any viruses, malware, or other harmful code
• Harass, threaten, or impersonate others via any Site functionality
• Use contact forms or booking tools to send spam, phishing attempts, or commercial solicitations unrelated to a legitimate inquiry
• Collect or harvest information about other users

7. Third-Party Services and Links

The Site uses and links to third-party services that have their own terms and privacy policies, including:

• Google Analytics — for understanding how the Site is used
• Calendly — for booking calls
• Google Workspace (Gmail) — for receiving email from forms
• Wise and, potentially, Stripe — for processing payments under separate engagement agreements

Your use of these services is governed by their respective terms. We are not responsible for the content, practices, or availability of third-party websites or services.

8. Informational Content — No Professional Advice

The content on the Site — including articles, benchmark figures, recovery rate statistics, and methodology descriptions — is provided for general informational purposes only. It is not business, legal, tax, or financial advice for your specific situation. Results described on the Site (including average recovery rates, revenue figures, and case examples) reflect outcomes from specific campaigns and engagements and are not a promise or guarantee of the results you will achieve.

Any performance guarantee offered by Winback Labs applies only under the terms of a separate, signed engagement agreement between you and Winback Labs. Marketing descriptions of the guarantee on the Site are summaries only, and the operative terms are those written into the signed agreement.

9. Disclaimers

To the fullest extent permitted by law, the Site and all content on it are provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or availability.

We do not warrant that:

• The Site will be uninterrupted, error-free, or secure
• Any content on the Site is accurate, complete, or current
• Any outcomes described on the Site will be replicated in your business

Nothing in this section limits any express warranties or guarantees made in a separate signed engagement agreement with us.

10. Limitation of Liability

To the fullest extent permitted by law, in no event will Winback Labs Inc., its directors, officers, employees, contractors, or agents be liable to you for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with your use of the Site — including lost profits, lost revenue, lost data, or business interruption — even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for any and all claims arising out of or relating to your use of the Site (excluding claims under a signed engagement agreement, which are governed by that agreement) is limited to CAD $100.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the greatest extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Winback Labs Inc. and its directors, officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to (a) your breach of these Terms, (b) your misuse of the Site, or (c) your violation of any applicable law or the rights of any third party.

12. Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the practices described in the Privacy Policy.

13. Changes to the Site and These Terms

We may modify, suspend, or discontinue any part of the Site at any time, with or without notice.

We may also update these Terms from time to time. When we do, we will update the “Last updated” date at the top of this page. Material changes will be flagged on the Site where appropriate. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or your use of the Site will be resolved exclusively in the courts of the Province of Ontario, located in Toronto, Ontario, and you consent to the personal jurisdiction of those courts.

This section does not affect any separate dispute resolution provisions that may apply under a signed engagement agreement between you and Winback Labs.

15. Miscellaneous

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Winback Labs regarding your use of the Site, and supersede any prior agreements on that subject.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without notice.

16. Contact Us

If you have questions about these Terms, contact us at:

Winback Labs Inc.
107 Balliol Street
Toronto, Ontario M4S 1C2
Canada

Email: dan@winbacklabs.com
Website: https://winbacklabs.com