Terms of Service

1. Acceptance of Terms

By accessing or using Winzly's live call coaching platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Service.

These Terms constitute a legally binding agreement between you ("User", "you", or "your") and Winzly ("Company", "we", "us", or "our"). By creating an account or using any part of our Service, you acknowledge that you have read, understood, and agree to these Terms.

Important: You must be at least 18 years old to use Winzly. If you are using Winzly on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Service Description

2.1 Platform Overview

Winzly is an AI-powered live coaching platform that provides real-time guidance during:

• Phone Calls: Voice communication with live coaching
• Video Meetings: Zoom meeting participation with AI bot assistance
• Microsoft Teams: Teams meeting integration

2.2 Core Features

2.3 Service Limitations

Our Service is subject to certain limitations:

• Requires stable internet connection for optimal performance
• Third-party service dependencies may affect availability
• AI suggestions are assistive tools, not professional advice
• Transcription accuracy may vary based on audio quality

3. Account Registration

3.1 Account Creation

To use Winzly, you must create an account by providing:

• Valid email address
• Secure password meeting our requirements
• Accurate profile information
• Phone number for caller ID verification (optional)

3.2 Account Security

Your Responsibilities:

• Maintain confidentiality of your login credentials
• Notify us immediately of any unauthorized access
• Use strong, unique passwords
• Keep your account information current and accurate

3.3 Account Verification

Some features may require additional verification:

• Email verification for account activation
• Phone number verification for caller ID features
• Identity verification for certain enterprise features

4. Acceptable Use Policy

4.1 Permitted Uses

You may use Winzly for legitimate business and personal communication purposes, including:

• Sales calls and customer interactions
• Business meetings and consultations
• Training and coaching sessions
• Personal development activities

4.2 Prohibited Activities

You may NOT use Winzly for:

• Illegal activities or violation of applicable laws
• Harassment, abuse, or threatening behavior
• Recording calls without proper consent
• Spamming, phishing, or fraudulent activities
• Violating privacy or intellectual property rights
• Attempting to hack, disrupt, or damage our systems
• Sharing account credentials with unauthorized parties
• Using the service for competitive intelligence gathering

4.3 Content Standards

All content processed through Winzly must comply with:

• Applicable laws and regulations
• Professional and ethical standards
• Respect for participants' privacy and dignity
• Non-discrimination and inclusion principles

5. Consent Requirements

5.1 Recording Consent

Before using Winzly to record or transcribe any communication, you must:

• Obtain explicit consent from all call participants
• Comply with local, state, and federal recording laws
• Clearly inform participants about AI coaching features
• Provide notice about data processing and storage

5.2 Legal Compliance

Recording laws vary by jurisdiction. You are responsible for understanding and complying with:

• One-party consent jurisdictions (some US states)
• Two-party consent jurisdictions (California, Florida, etc.)
• All-party consent requirements (some countries)
• Business communication regulations
• Cross-border communication laws

5.3 Meeting Participation

When using Winzly with video meetings:

• Inform participants about AI bot presence
• Respect meeting host policies and permissions
• Obtain consent for coaching data collection
• Honor participant requests to opt out

6. Subscription & Billing

6.1 Subscription Plans

Winzly offers various subscription tiers with different features and usage limits. Current plans and pricing are available on our website.

6.2 Billing Terms

• Automatic Renewal: Subscriptions automatically renew unless cancelled
• Payment Due: Payment is due at the beginning of each billing cycle
• Price Changes: We may modify pricing with 30 days notice
• Taxes: You are responsible for applicable taxes
• Currency: All prices are in US Dollars unless otherwise specified

6.3 Cancellation & Refunds

• Cancellation: You may cancel your subscription at any time from your account settings
• Effective Date: Cancellation takes effect at the end of the current billing period
• Refunds: No refunds for partial billing periods, except as required by law
• Data Access: You retain access to your data for 30 days after cancellation

6.4 Usage Limits

Subscription plans include specific usage limits:

• Monthly call minutes and meeting hours
• Storage limits for recordings and transcripts
• Number of integrations and team members
• AI coaching suggestion limits

7. Intellectual Property

7.1 Winzly's Rights

Winzly and its licensors own all rights, title, and interest in:

• The Winzly platform, software, and technology
• All trademarks, logos, and brand elements
• AI models, algorithms, and coaching methodologies
• Documentation, user interfaces, and designs
• All improvements and enhancements to the Service

7.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to:

• Access and use the Winzly platform for its intended purposes
• Download and use our mobile applications
• Use our APIs in accordance with our documentation

7.3 Restrictions

You may NOT:

• Reverse engineer, decompile, or disassemble our software
• Create derivative works or competing services
• Remove or modify proprietary notices
• Use our trademarks without permission
• Access our systems through unauthorized means

8. Data Ownership & Usage Rights

8.1 Your Data

You retain ownership of all data you input into Winzly, including:

• Call recordings and audio content
• Transcripts and conversation data
• Contact information and CRM data
• Custom coaching prompts and settings

8.2 License to Process

By using Winzly, you grant us a license to:

• Process your data to provide coaching services
• Store and transmit data through our systems
• Use aggregated, anonymized data for service improvement
• Generate AI insights and coaching suggestions

8.3 Data Portability

You have the right to:

• Export your data in standard formats
• Request data deletion upon account termination
• Transfer data to other services
• Access all stored information about your account

9. Service Availability & Performance

9.1 Service Level

We strive to maintain high service availability, but cannot guarantee:

• 100% uptime or uninterrupted service
• Perfect transcription accuracy in all conditions
• Availability during maintenance windows
• Performance during third-party service outages

9.2 Maintenance & Updates

We may perform maintenance that temporarily affects service availability:

• Scheduled maintenance with advance notice
• Emergency maintenance for security or stability
• Software updates and feature enhancements
• Third-party service maintenance beyond our control

9.3 Performance Factors

Service performance may be affected by:

• Internet connection quality and speed
• Device capabilities and browser compatibility
• Audio quality and background noise
• Network congestion and latency

10. Third-Party Services & Integrations

10.1 Integrated Services

Winzly integrates with various third-party services:

10.2 Third-Party Terms

When using integrated services, you are also subject to their terms and policies. We recommend reviewing:

• Third-party service terms of service
• Privacy policies of integrated platforms
• Usage limitations and restrictions
• Support and service level agreements

10.3 Integration Limitations

Disclaimer: We are not responsible for third-party service availability, performance, or policy changes that may affect Winzly's functionality.

11. Termination

11.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Contacting our support team for assistance
• Following the account deletion process

11.2 Termination by Winzly

We may suspend or terminate your account for:

• Violation of these Terms of Service
• Non-payment of subscription fees
• Fraudulent or illegal activities
• Abuse of our systems or other users
• Extended period of inactivity

11.3 Effect of Termination

Upon termination:

• Your access to the Service will be discontinued
• Data will be retained for 30 days for recovery
• After 30 days, data may be permanently deleted
• Outstanding fees remain due and payable
• Certain provisions of these Terms will survive termination

12. Disclaimers

12.1 "AS IS" BASIS

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12.2 Specific Disclaimers

• AI Suggestions: Coaching suggestions are AI-generated and not professional advice
• Transcription Accuracy: Transcriptions may contain errors or omissions
• Legal Compliance: You are responsible for compliance with recording laws
• Third-Party Services: We don't warrant the reliability of integrated services
• Business Outcomes: We don't guarantee specific business results

12.3 Professional Advice

Important: Winzly is a tool for communication assistance. It does not provide legal, medical, financial, or professional advice. Consult qualified professionals for specialized guidance.

13. Limitation of Liability

13.1 Liability Cap

Our total liability for any claims arising from your use of Winzly shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

13.2 Exceptions

These limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Violations of applicable privacy laws
• Other liability that cannot be excluded by law

14. Indemnification

You agree to indemnify, defend, and hold harmless Winzly and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service in violation of these Terms
• Your violation of applicable laws or regulations
• Recording communications without proper consent
• Infringement of third-party intellectual property rights
• Your negligence or willful misconduct
• False or misleading information provided to us

15. Dispute Resolution

15.1 Informal Resolution

Before pursuing formal dispute resolution, please contact us at support@winzly.ai to attempt to resolve the issue informally. We commit to working in good faith to resolve disputes.

15.2 Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

15.3 Class Action Waiver

Important: You agree that disputes will be resolved on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

16. General Provisions

16.1 Governing Law

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles.

16.2 Severability

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

16.3 Entire Agreement

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

16.4 Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or platform notification at least 30 days in advance.

16.5 Contact Information

Questions about these Terms?

Email: support@winzly.ai