Terms of Service

Last Updated: January 11, 2026

1. Acceptance of Terms

By accessing or using the Lead Generation Strategist platform (the "Service"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and Winningly Media LLC ("Company," "we," "us," or "our").

2. Service Description

The Service is a subscription-based AI-powered lead generation platform that allows users to:

Lead Generation:

Generate leads using artificial intelligence (Google Vertex AI with Gemini) with real-time Google Search grounding
Find direct clients or strategic partners matching your ideal customer profile
Access verified, current information through live web search

AI Agents:

Lead Generation Agent: Find clients or partners with Google Search grounding
Engagement Agenda (6-Step): Account-based selling plans tailored to each lead
Audience Engagement (5-Step): Strategic partnership strategies
Outreach Generator: Personalized messages for authentic connection
Brand Field Optimizer: Enhance brand profiles for better lead matching
Nurture Diagnosis: Funnel bottleneck analysis
Scale with Ads: Paid visibility strategies

Pipeline Management:

Track leads through pipeline stages (New, Contacted, Assessment Completed, Call Booked, Client/Lost)
Store engagement agendas and outreach content
Export lead data to external CRM systems

Brand Management:

Create and manage brand profiles
Define ideal customer avatars and pain points
Store business information for AI context

3. Account Registration and Eligibility

3.1 Registration

To use the Service, you must:

Create an account by providing accurate and complete information
Provide a valid email address
Authenticate through Firebase Authentication (email/password or Google OAuth)
Maintain the confidentiality of your account credentials

3.2 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By registering, you represent and warrant that you meet these requirements.

3.3 Account Security

You are responsible for:

All activity that occurs under your account
Maintaining the security of your account credentials
Immediately notifying us of any unauthorized use of your account

4. Subscription Plans and Billing

4.1 Subscription Tiers

The Service offers multiple subscription tiers with varying limits:

Free: 3 lead generations per day
Starter: 10 lead generations per day
Pro: 25 lead generations per day
Enterprise: Unlimited lead generations

Current plan details and pricing are available on our pricing page.

4.2 Free Trial

We offer a 3-day free trial with full platform access. After the trial period:

Your payment method will be charged at the subscription rate you selected
You can cancel at any time during the trial to avoid charges
Credit card is required to start the free trial

4.3 Billing

Monthly Subscriptions: Billed monthly in advance on the date you subscribe
Annual Subscriptions: Billed annually in advance with a 15% discount
All fees are in U.S. Dollars (USD) unless otherwise stated
Payment is processed via Stripe, our third-party payment processor

4.4 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

4.5 Price Changes

We reserve the right to change subscription prices with at least 30 days' advance notice. Price changes will not affect your current billing period.

4.6 Refunds

We do not offer refunds for partial months or unused generations
Upon cancellation, you retain access until the end of your current billing period

5. Usage Limits and Restrictions

5.1 Daily Generation Limits

Your subscription plan includes a daily limit on lead generations. When you reach this limit:

You will not be able to generate additional leads until the next day
Your limit resets at midnight UTC
Unused generations do not roll over to subsequent days

5.2 Rate Limits

To ensure fair usage and system stability, the following rate limits apply:

Maximum 10 concurrent lead generation requests
Minimum 5-second interval between generation requests

We reserve the right to throttle or temporarily restrict access if you exceed these limits.

5.3 Prohibited Uses

You may not use the Service to:

Generate leads for illegal, harmful, or fraudulent purposes
Engage in spam, harassment, or unsolicited bulk messaging
Violate any applicable laws regarding data protection or privacy (including GDPR, CCPA, CAN-SPAM)
Impersonate others or misrepresent your identity or affiliation
Scrape, copy, or redistribute the Service's data or functionality
Attempt to reverse engineer, decompile, or extract the underlying AI models
Use automated systems to abuse the Service or exceed rate limits
Resell, redistribute, or commercially exploit the Service without authorization
Violate any third-party terms of service, including Google's usage policies

5.4 Outreach Responsibility

You acknowledge and agree that:

You are solely responsible for how you use the leads and outreach content generated by the Service
You must comply with all applicable laws when contacting leads (including CAN-SPAM, GDPR)
The Service provides suggestions for outreach; you must verify appropriateness before sending
We are not responsible for any consequences resulting from your outreach activities

6. Intellectual Property

6.1 Service Ownership

The Service, including all software, algorithms, designs, text, graphics, and other content (excluding User Content), is owned by the Company and protected by copyright, trademark, and other intellectual property laws.

6.2 User Content Ownership

You retain all ownership rights to:

Your brand information and profiles
Content you generate using the Service (leads, outreach messages, strategies)
Any other content you upload or create

6.3 License to Company

By using the Service, you grant us a limited, non-exclusive, worldwide license to:

Store and process your content to provide the Service
Send your brand information to AI services (Google Vertex AI) for generation
Use aggregated, anonymized data for service improvements and analytics
Display your content back to you within the Service

We will not:

Share your specific content with third parties without your consent
Use your content for purposes beyond operating and improving the Service
Claim ownership of your generated content

6.4 Generated Content Disclaimer

Content generated by AI should be reviewed and verified by you before use. While we strive to provide high-quality outputs:

Generated content may contain errors, inaccuracies, or inappropriate material
Lead information is sourced from public web data and may be outdated or incorrect
You are solely responsible for reviewing all content before use
We do not guarantee the accuracy, quality, or suitability of generated content

7. Data and Privacy

7.1 Data Collection

We collect and process data as described in our Privacy Policy. By using the Service, you consent to our collection, use, and disclosure of your information as described therein.

7.2 Lead Data

Lead information generated by the Service:

Is sourced from publicly available web data through Google Search
Is stored in your account for your use
Is not shared with other users
Can be deleted at your request

7.3 Data Retention

Lead Data: Stored indefinitely until you delete it or close your account
Brand Profiles: Stored indefinitely until you delete them or close your account
Account Data: Deleted within 30 days of account closure

8. Third-Party Services

The Service uses third-party services, including:

Google Cloud Platform (GCP) for cloud infrastructure and compute
Google Vertex AI (Gemini) for AI-powered lead generation and content creation
Google Search Grounding for real-time web data
Firebase Authentication for user authentication
Firebase Firestore for database storage
Stripe for payment processing

Your use of these third-party services through our platform is subject to their respective terms of service and privacy policies. We are not responsible for the practices of these third-party providers.

9. Disclaimers and Warranties

9.1 "AS IS" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability
Fitness for a particular purpose
Non-infringement
Accuracy, reliability, or completeness of content

9.2 No Guarantee of Results

We do not guarantee that:

The Service will generate leads that result in sales or business
Lead information will be accurate or current
Your outreach efforts will be successful
The Service will be uninterrupted, secure, or error-free

9.3 Third-Party AI Models

We rely on third-party AI models (Google Vertex AI with Gemini) which may:

Experience downtime or service interruptions
Change their capabilities or outputs over time
Be discontinued or modified by the provider

We are not liable for issues arising from third-party AI service availability or performance.

9.4 AI-Generated Content

Content generated by the Service is created by artificial intelligence. You acknowledge that:

AI-generated content may contain errors, inaccuracies, or inappropriate material
Lead quality may vary based on search terms and data availability
AI capabilities and outputs may change as underlying models are updated
You are solely responsible for reviewing all content before use

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

10.1 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or business opportunities
Loss of data or content
Cost of substitute services
Reputational harm from outreach activities
Any damages arising from use or inability to use the Service

10.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

10.3 Exceptions

Some jurisdictions do not allow certain warranty disclaimers or liability limitations. In such cases, these limitations will apply to the maximum extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any rights of third parties
Your outreach activities using leads or content from the Service
Your breach of any applicable laws or regulations

12. Termination

12.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

12.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without notice, if:

You violate these Terms
You engage in fraudulent or illegal activity
Your use poses a security risk to the Service or other users
You fail to pay subscription fees
We are required to do so by law

12.3 Effect of Termination

Upon termination:

Your right to access the Service immediately ceases
You remain responsible for all charges incurred before termination
Sections that by their nature should survive (including warranty disclaimers, liability limitations, and dispute resolution) will remain in effect

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes:

We will notify you by email or through the Service at least 30 days before the changes take effect
Your continued use of the Service after the effective date constitutes acceptance of the modified Terms
If you do not agree to the changes, you must cancel your subscription before they take effect

14. Dispute Resolution

14.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at minnieg@winninglymedia.com to attempt to resolve the issue informally for at least 30 days.

14.2 Binding Arbitration

If we cannot resolve the dispute informally, any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

14.3 Arbitration Terms

Arbitration will be conducted in Florida, United States
The arbitrator's decision is binding and may be entered as a judgment in any court
Each party bears its own costs and attorneys' fees unless the arbitrator awards them
You waive any right to a jury trial or to participate in a class action

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of Florida, United States, without regard to conflict of law principles.

15.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service.

15.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.5 Assignment

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

15.6 Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, labor disputes, or third-party service failures.

16. Contact Information

For questions about these Terms or the Service, contact us at:

Winningly Media LLC
Email: minnieg@winninglymedia.com