Terms of Service

1. Agreement to Terms

By accessing or using the winback.io platform operated by The Winback Company ("we", "us", "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our service.

2. Description of Service

winback.io is a direct mail marketing platform that enables businesses to create, manage, and send physical mail campaigns (postcards, greeting cards, and handwritten notes) to their customers. The service includes audience building, campaign design, print fulfillment, mailing, and post-campaign analytics.

3. Account Registration

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• You must be at least 18 years old to use this service.
• One person or legal entity may maintain no more than one organization account.
• You are responsible for all activity that occurs under your account.

4. Acceptable Use

You agree not to use winback.io to:

• Send unsolicited or spam mail in violation of applicable laws (including CAN-SPAM and similar regulations).
• Send mail containing threatening, harassing, defamatory, or obscene content.
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity.
• Violate any applicable local, state, national, or international law.
• Transmit any data you do not have the right to share, including confidential or proprietary information.
• Attempt to gain unauthorized access to any portion of the platform, other accounts, or connected systems.

5. Platform Connections

When you connect third-party platforms (Shopify, Commerce7, Klaviyo) to winback.io, you authorize us to access customer data as permitted by those platforms' APIs and your authorization. You represent that you have the right to share this data with us for the purpose of executing direct mail campaigns. You are responsible for complying with the terms of service of any connected platform.

6. Payments and Pricing

• Campaigns are paid at checkout via Stripe. Pricing is displayed before you confirm your order.
• Prices are based on campaign type, mail piece format, and quantity. Volume discounts may apply.
• All payments are final once a campaign has been submitted for printing. Refunds for campaigns not yet in production may be issued at our discretion.
• We reserve the right to change pricing at any time. Price changes do not affect campaigns already paid for.

7. Campaign Content

• You are solely responsible for the content of your mail campaigns, including text, images, and recipient lists.
• We reserve the right to refuse to print or mail any content that violates these terms or applicable law.
• AI-generated images are subject to OpenAI's content policies. We are not responsible for content generated by AI tools.
• You retain ownership of your campaign content. By using our service, you grant us a limited license to reproduce and distribute your content solely for the purpose of fulfilling your campaigns.

8. Data and Privacy

Your use of winback.io is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using our service, you consent to the practices described in our Privacy Policy.

9. Intellectual Property

The winback.io platform, including its design, code, and branding, is the property of UnDigital, LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the platform.

10. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the platform. We may perform maintenance, updates, or experience outages that temporarily affect service availability. We are not liable for any loss or damage resulting from service interruptions.

11. Limitation of Liability

To the maximum extent permitted by law, UnDigital, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the service. Our total liability for any claim arising from these terms shall not exceed the amount you paid us in the 12 months preceding the claim.

12. Termination

We may suspend or terminate your account at any time for violation of these terms. You may close your account at any time by contacting us. Upon termination, your right to use the service ceases immediately. Campaigns already paid for and in production will be completed.

13. Changes to Terms

We may update these Terms of Service from time to time. We will notify you of material changes by posting the updated terms on this page and updating the "Last updated" date. Continued use of the service after changes constitutes acceptance of the new terms.

14. Governing Law

These terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising from these terms shall be resolved in the state or federal courts located in California.

15. Contact Us

If you have questions about these Terms of Service, contact us at support@winback.io.