1. Agreement and operator
These Terms of Service (“Terms”) are between the customer identified in an accepted order, invoice, pilot confirmation, or account and the person or entity identified below, which operates WinBackOps. They apply when the customer accepts them in writing, signs an order that references them, or creates or uses an account after being presented with them.
If a signed order, data-processing agreement, or other written agreement expressly conflicts with these Terms, that written agreement controls for the conflict.
Nebojsa Bjedov WinBackOps zoma@getwinbackops.com Gandijeva 100, 11070 Novi Beograd, Serbia2. The service
WinBackOps helps service businesses import past opportunity data, apply rules-based eligibility and prioritization, prepare and approve email recovery campaigns, send approved messages through an email provider, receive and classify replies, create operational handoffs, and record outcomes. Features may be adjusted as the service develops.
WinBackOps supports the customer’s workflow but does not replace the customer’s judgment, sales process, legal review, or responsibility for customer relationships.
3. Accounts and authorized users
The customer must provide accurate account information, keep credentials confidential, limit access to authorized personnel, and promptly notify us of suspected unauthorized use. The customer is responsible for activity under its accounts and for its users’ compliance with these Terms.
4. Customer responsibilities
The customer is responsible for:
- having the rights, notices, permissions, and lawful basis required to upload information and direct its processing;
- reviewing imported data, eligibility results, recipients, templates, sender details, and campaign content before approval;
- complying with applicable privacy, marketing, consumer-protection, employment, industry, and communications laws;
- maintaining accurate sender identity and contact information and honoring opt-outs or other legally required preferences;
- following up on replies, appointments, estimates, jobs, disputes, and customer-service matters; and
- avoiding sensitive, regulated, unlawfully obtained, or unnecessary information in uploads and messages.
The customer remains responsible for deciding whether and how to contact each recipient. WinBackOps does not provide legal advice.
5. Founding Pilot
Unless a written pilot confirmation says otherwise, the Founding Pilot includes:
- a one-time price of $297;
- a 30-day pilot period;
- processing of up to 500 dormant or old leads / past opportunities supplied by the customer;
- one recovery campaign prepared and run through the WinBackOps workflow;
- no setup fee;
- no long-term contract; and
- no automatic subscription or renewal at the end of the pilot.
The pilot begins on the date stated in the written pilot confirmation or, if none is stated, when the customer’s usable import data and campaign approvals are available and work begins. Customer delay may affect the working schedule.
6. Optional continuation
After the Founding Pilot, the customer may be offered an optional continuation at $397 per month. Continuation begins only after the customer expressly agrees in writing to the continuation terms. The pilot does not automatically convert into a subscription.
An agreed continuation may be cancelled at any time in accordance with its written billing and cancellation terms. Prices or inclusions offered to future customers may change; changes do not alter an already accepted order unless the parties agree or the order permits the change.
7. Payment, cancellation, and refunds
Payment timing and method are stated in the applicable invoice, order, or written confirmation. WinBackOps currently does not offer an integrated public card checkout. No recurring charge is authorized unless the customer expressly accepts a written recurring arrangement.
Refund eligibility for the Founding Pilot is described in the Refund Policy, unless an applicable invoice, order, pilot confirmation, or other written agreement expressly provides different terms. These public Terms and the Refund Policy do not create an automatic recurring payment or a right to charge a payment method that the customer has not authorized. Mandatory rights under applicable law continue to apply.
8. No guarantee of results or deliverability
Revenue recovery, reply rates, appointments, closed jobs, and timing depend on factors outside WinBackOps’ control, including the customer’s data, audience, offer, reputation, approvals, follow-up, market, and third-party email systems. WinBackOps does not guarantee any particular response, revenue, conversion, placement, delivery, or business result.
Delivery events and attribution records are operational indicators, not audited financial statements. The customer should verify outcomes and financial figures.
9. Acceptable use
The customer must not use WinBackOps to:
- send unlawful, deceptive, harassing, discriminatory, fraudulent, or abusive communications;
- contact people without the authority, notices, or permissions required by applicable law;
- ignore suppressions, opt-outs, complaints, or known wrong-contact indicators;
- upload malware, infringe intellectual-property or privacy rights, impersonate others, or misrepresent sender identity;
- probe, disrupt, overload, reverse engineer, or bypass the security or access controls of the service, except where a restriction is prohibited by law; or
- resell, sublicense, or provide unauthorized third-party access to the service.
10. Automated features and human review
Opportunity scoring and eligibility use deterministic rules. Inbound replies may be classified with an AI provider to propose a category or next action. Automated results can be incomplete or wrong. The customer must apply appropriate human review before relying on a classification for consequential action, and authorized users may override classifications.
11. Third-party services
The service depends on third parties, including email delivery, AI classification, hosting, storage, and infrastructure providers. Their availability, limits, and policies may affect the service. We may replace providers with reasonably comparable services. The customer’s separate use of a third-party service remains subject to that provider’s terms.
12. Ownership and license
The customer retains its rights in data, content, templates, and materials it supplies. The customer grants WinBackOps and its providers a limited right to host, copy, transmit, transform, and otherwise process those materials as needed to provide, secure, and support the service and follow the customer’s instructions.
WinBackOps and its licensors retain their rights in the application, workflows, design, documentation, software, and service improvements. Except for the limited right to use the service during the agreed term, no intellectual-property rights are transferred.
13. Confidentiality and data protection
Each party must use reasonable care to protect non-public business information received from the other and use it only for the service relationship, except where disclosure is authorized or required by law. Information is not confidential if it was already lawfully known, becomes public without breach, is independently developed, or is lawfully received without a duty of confidence.
Our handling of personal information is described in the Privacy Policy. If required for a customer’s use, the parties may enter a separate data-processing agreement.
14. Security
We use reasonable safeguards appropriate to the service, but no service is completely secure or uninterrupted. The customer must use the service consistently with its own security obligations and must not rely on WinBackOps as the sole copy of information that it is legally or operationally required to retain.
15. Suspension and termination
We may limit or suspend access where reasonably necessary to address a security risk, unlawful or abusive use, material breach, provider restriction, or overdue amount under an accepted order. Where practical, we will give notice and an opportunity to cure.
Either party may end the service as provided in the applicable written order. Sections that by their nature should survive—including payment obligations already incurred, ownership, confidentiality, disclaimers, limitations of liability, and governing law—continue after termination.
16. Service disclaimer
To the maximum extent permitted by applicable law, the service is provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. This does not exclude a warranty or responsibility that cannot lawfully be excluded.
17. Limitation of liability
To the maximum extent permitted by applicable law, neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, or data, arising from the service, even if advised that such loss was possible.
Except for amounts that cannot lawfully be limited, each party’s aggregate direct liability arising from the service will not exceed the fees paid or payable for the affected pilot or, for a continuation service, the fees paid or payable during the six months before the event giving rise to the claim. These limits do not apply to fraud, willful misconduct, a customer’s unauthorized or unlawful use, infringement or misappropriation of the other party’s intellectual property, or payment obligations.
18. Governing law and disputes
Unless a signed written agreement states otherwise, these Terms are governed by the laws of the Republic of Serbia, without regard to conflict-of-law rules. The courts with territorial jurisdiction over the operator’s domicile in Serbia will have jurisdiction, subject to any mandatory rule that requires another forum.
Before filing a formal claim, each party should give the other written notice and a reasonable opportunity to resolve the dispute informally, unless urgent relief is reasonably necessary.
19. Changes to these Terms
We may update these Terms for future use of the service. The effective date above will be updated when revised Terms are published. Material changes will not retroactively change an already accepted fixed pilot or order unless the customer agrees or applicable law requires the change.
20. Contact
Questions or formal notices about these Terms can be sent to:
Nebojsa Bjedov WinBackOps zoma@getwinbackops.com Gandijeva 100, 11070 Novi Beograd, Serbia