WinnerCloser – Terms of Service

These Terms of Service ("Terms") govern your access to and use of WinnerCloser's websites, applications, and services (collectively, the "Service"). By creating an account, clicking "I agree," or using the Service, you agree to these Terms.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes both you and that organization.

1. The Service

WinnerCloser is a sales productivity and sales intelligence service that can process meeting notes, documents, and audio recordings, and can generate AI-assisted outputs such as summaries, insights, suggestions, account plans, forecasts, and action recommendations ("AI Outputs").

Important: The Service is a tool that helps you work faster and better. It does not provide legal, compliance, HR, or professional advice.

2. Eligibility and Account Security

You must be at least the age of majority in your jurisdiction to use the Service.

You are responsible for maintaining the confidentiality of your account credentials, all activity that occurs under your account, and ensuring your devices and access are secure. Notify us immediately if you suspect unauthorized access.

3. Plans, Trials, Billing, and Taxes

Your plan, trial terms, pricing, and included usage limits (e.g., accounts, audio hours, features) are described on our pricing page or in-product plan details.

Trials: If offered, trials may convert to paid plans unless canceled before the end of the trial period (unless stated otherwise).

Usage limits: We may enforce plan limits and quotas (e.g., audio processing time). If you exceed limits, features may be restricted or you may be prompted to upgrade.

Payments: You authorize us (and our payment processors) to charge your payment method for fees and applicable taxes.

Taxes: Fees are exclusive of taxes unless explicitly stated. You are responsible for all taxes (excluding taxes on our income).

Refunds: Except where required by law, payments are non-refundable.

Beta / Promotional pricing: We may offer beta pricing or discounts for limited time. Beta features may change or be removed.

4. User Content and Your Responsibilities (Critical)

"User Content" means any data, text, audio, images, recordings, transcripts, documents, prompts, files, notes, CRM data, personal data, or other content you upload, import, submit, integrate, or generate within the Service (including content from third-party tools).

You represent and warrant that:

• You have all necessary rights, permissions, and consents to collect, upload, use, and process User Content in the Service, including (where applicable): consent to record and share audio/video, consent to process personal data, permission from your employer and/or customers, authority to disclose confidential or proprietary information, compliance with laws on recording communications and workplace monitoring.
• Your use of the Service and User Content does not violate any law, regulation, court order, contract, confidentiality obligation, or third-party rights.

You are solely responsible for User Content and for ensuring it is lawful to record, upload, store, and process it.

WinnerCloser is not responsible or liable for any unauthorized recording or sharing, any unlawful processing of personal data, any breach of confidentiality, NDA, or company policy, or any claims arising from User Content you provide.

5. Recording Consent and Third-Party Permissions (Explicit)

If you use the Service to record meetings, upload meeting audio, or process transcripts/notes, you agree that:

• You must obtain all required consents and permissions from participants and any relevant stakeholders before recording or uploading any third-party audio, communications, or personal data.
• Laws regarding recording vary by jurisdiction (e.g., one-party vs. all-party consent). You are responsible for determining what is required and complying with it.
• You must not use the Service to secretly record people where prohibited, or to violate workplace, client, or platform policies.

6. AI Features, Limitations, and Your Duty to Review

AI Outputs may be incomplete, inaccurate, or inappropriate for your situation. You agree that:

• AI Outputs are provided "as is" and may contain errors or hallucinations.
• You must review and validate AI Outputs before relying on them, sharing them, using them in outreach, forecasting, contractual discussions, or decision-making.
• You remain responsible for all actions you take based on AI Outputs, including emails, messages, forecasts, and internal reporting.

We do not guarantee any specific sales outcomes, revenue impact, win rate, or performance improvements.

7. Acceptable Use Policy (No Abuse)

You agree not to use the Service to:

• Violate laws or regulations
• Infringe intellectual property or privacy rights
• Upload malware, attempt unauthorized access, or disrupt systems
• Harvest or scrape data unlawfully
• Create or distribute spam at scale in violation of platform policies
• Process highly sensitive data where prohibited by law or contract (e.g., regulated categories) unless you have explicit authorization and legal basis
• Attempt to reverse engineer, extract system prompts, or reproduce the Service's proprietary models, logic, or internal scoring/engines

We may suspend or terminate accounts that violate these Terms.

8. Ownership, Licenses, and Feedback

Your Content: You retain ownership of your User Content.

Our Service: We own the Service and all related intellectual property, including product design, software, workflows, prompts/templates, and internal methodologies.

License you grant us: You grant WinnerCloser a worldwide, non-exclusive, limited license to host, store, reproduce, process, and display User Content solely to provide and improve the Service, including generating AI Outputs, running background jobs, and maintaining logs for security and debugging.

Feedback: If you provide suggestions or feedback, you grant us the right to use it without restriction or compensation.

9. Data Security and Confidentiality

We implement reasonable administrative, technical, and organizational measures designed to protect User Content. However, no system is perfectly secure, and you accept that residual risk exists.

You are responsible for controlling what you upload, ensuring you have the right to share confidential information, and configuring integrations appropriately.

We may access User Content only as needed to provide support at your request, maintain and secure the Service, comply with law, prevent abuse and enforce these Terms.

10. Integrations and Third-Party Services

The Service may integrate with third-party products (e.g., email, calendars, storage, CRMs). Your use of third-party services is governed by their terms. We are not responsible for third-party services, including outages, data loss, pricing changes, or policy changes.

11. Service Changes, Availability, and Support

We may update, modify, or discontinue features, including AI capabilities, models, and plan limits. We strive for availability but do not guarantee uninterrupted operation. Support levels may vary by plan.

12. Suspension and Termination

You may stop using the Service at any time.

We may suspend or terminate access if you violate these Terms, your use creates security, legal, or operational risk, or you fail to pay required fees (paid plans).

Upon termination, your right to use the Service ends immediately, and we may delete or anonymize User Content after a reasonable retention period, unless legally required to retain it.

13. Disclaimers

THE SERVICE, INCLUDING AI OUTPUTS, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that AI Outputs are correct or complete, the Service will meet your requirements, any errors will be corrected, or any particular sales results will occur.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: WINNERCLOSER WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO WINNERCLOSER FOR THE SERVICE IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (OR EUR 100 IF YOU ARE ON A FREE PLAN), WHICHEVER IS GREATER, UNLESS REQUIRED OTHERWISE BY LAW.

Some jurisdictions do not allow certain limitations, so these limits may not apply to you in full.

15. Indemnification (User Responsibility)

You agree to defend, indemnify, and hold harmless WinnerCloser and its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising from your User Content, your failure to obtain required consents/permissions, your violation of law, company policy, or third-party rights, or your use of AI Outputs without appropriate review.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of France, without regard to conflict of laws rules. Any dispute will be brought in the courts located in France, unless mandatory consumer protection laws require otherwise.

17. Changes to These Terms

We may update these Terms from time to time. We will post updates with a new "Last updated" date. Material changes may be communicated in-product or by email. Continued use after changes means you accept the updated Terms.

18. Contact

Questions about these Terms: reach us through our contact form.