Terms of Service

1.Who we are

These terms are an agreement between you and [Winners LLC — confirm legal name], which does business as Winners (“Winners,” “we,” “us”). Our mailing address is [Address — confirm].

By using our website (withwinners.com), taking the 2-minute check, using a free tool, or signing up and paying for a plan, you agree to these terms. If you don’t agree, don’t use the site or the services.

If you sign up for a business, you’re confirming you’re allowed to agree to these terms for that business. “You” then means you and the business.

Our Privacy Policy explains what we do with your information. It’s part of these terms.

2.Who can use our services

Our paid services are for businesses: builders, contractors and trades. They’re not for personal or household use.

You must be at least 18 to use the site or sign up.

3.The free check and free tools

The 2-minute check, the pipeline report and our free tools (calculators, forecasts, text templates, bid scripts, the proposal maker and anything like them) are free to use.

• They’re for information only. The numbers are estimates based on what you type in and on general averages. They’re not a promise of jobs, leads or money.
• They’re not professional advice. Nothing on the site is legal, tax, financial or accounting advice.
• Your documents are yours to check. Proposals, scripts and texts you make with our tools go out under your name. Check that they fit your job, your contract and your state’s rules (licensing, lien notices, deposits and so on).
• They can change. We may change or stop a free tool at any time.

4.Our two plans

The page for each plan, and what you see at sign-up, describe what’s included. If something there and something here don’t match, these terms win unless we’ve agreed otherwise in writing.

Get Fully Booked: $2,500 a month

We run the work that brings you leads. It includes:

• A new website, or a fix-up of yours, with our qualifying quiz on it. Site and quiz go live in week 1, as long as we have your logo, photos and checklist.
• Google Business Profile and local SEO (search) work.
• Setting up and managing Google Ads and Facebook / Instagram ads. Ad spend is not included (see Ad spend).
• A social post every day of the month, made from your job photos.
• 60-second text-back: new leads get an automatic text from your business within about a minute (see Text messages).
• Lead alerts to your phone with the lead’s name, number and quiz answers.
• A one-page report every month.

Fix my website: $1,500 one time

We build you a new site, or fix up the one you have, and add the qualifying quiz. It includes the site, the quiz, lead alerts to your phone and Google basics (so Google can find and list your site). It does not include ads, Google Business Profile work, local SEO, social posts, text-back or monthly reports.

Most sites go live in about 14 days. That depends on you sending your logo, photos and checklist in the first few days and getting back to us on the preview.

Timelines

Timelines are our honest best guess, not a guarantee. If we’re waiting on you, or on Google, Meta or another platform to approve something, things can take longer.

5.Paying us

• Card payments through Stripe. We take card payments only, through Stripe. We never see or store your full card number. Stripe’s own terms also apply to the payment.
• Get Fully Booked is billed $2,500 a month, in advance. Your first charge is on the day you sign up, then on the same date each month. It’s month to month. There’s no long contract and the setup fee is $0.
• Fix my website is $1,500. Pay it all at sign-up, or $750 at sign-up and $750 when your site goes live. If your site has been ready and waiting on you for 30 days, the second $750 is due then. [CONFIRM]
• You authorize recurring charges. By signing up for a monthly plan, you let us charge your card each month until your cancellation takes effect.
• Failed payments. If a payment fails, we’ll text or email you and Stripe may try the card again. If it’s still unpaid after 10 days, we may pause the work (including ads management, text-back and posting) until it’s paid. If it’s unpaid after 30 days, we may end your service. [CONFIRM]
• Price changes. We can change our prices with at least 30 days’ notice by email or text. The new price starts on your first billing date after the notice ends. If you don’t want the new price, you can cancel.
• Taxes. Prices don’t include sales tax or similar taxes. If tax applies, it’s added to your bill and you pay it.

6.Ad spend

Ad spend is not part of our fee. You pay it straight to Google and Meta (Facebook / Instagram), on your own ad accounts and your own card. We recommend starting at $1,000 a month. You choose the number and can change it any time.

We manage the ads, but Google and Meta set the prices, charge your card, and make the rules. We don’t control what they charge, when they charge it, or whether they approve, limit or turn off an ad or an account. We’re not responsible for ad charges, even if a platform charges more than the budget you set.

7.Cancelling and refunds

Get Fully Booked

Cancel any time with 30 days’ written notice. A text or an email to us counts as written notice. We keep doing the work during the notice period, and your cancellation takes effect at the end of it.

Any monthly charge that falls inside the notice period is billed as normal. We don’t give refunds for partial months. [CONFIRM]

Fix my website

• Cancel before your kickoff call, or before we start work, and we refund everything you paid. [CONFIRM]
• Cancel after we start work, and the first $750 isn’t refundable. It covers the work we’ve done. If you paid the full $1,500, we refund the second $750 as long as your site hasn’t gone live. [CONFIRM]
• Once your site is live, there are no refunds.

Upgrade credit

If you move from Fix my website to Get Fully Booked within 90 days of your site going live, we credit $750 to your first month of Get Fully Booked. It’s a credit, not cash. One credit per business. [CONFIRM]

8.Your part

We do the work, but we need a few things from you. You agree to:

• Give us accurate information about your business, your work, your prices and your service area, and tell us when it changes.
• Send things on time: your logo, job photos, the checklist, logins or access we ask for, and your approvals and changes. If you’re slow, we’re slow.
• Hold the licenses, permits and insurance your trade and your state require. We don’t check them.
• Keep your claims true. Anything you tell us to say about you (prices, licenses, awards, warranties, “best in town”) must be true and legal to say. You approve your site and ads before they go live, and you’re responsible for them.
• Only send us things you have the right to use. Logos, photos, reviews, testimonials and text you give us must be yours, or you must have permission to use them (for example, permission from the homeowner to show their house, or from the customer to post their review).
• Do your own work properly. The jobs you win are between you and your customer. We’re not part of those contracts and we’re not responsible for your work.

9.Who owns what

Your stuff stays yours

You own your business name, logo, photos, reviews and content, your domain name, your Google Business Profile, your ad accounts and your social media pages. Your leads are your customers, not ours.

Where we set something up for you (a domain, a Google profile, an ad account), we set it up in your business’s name, or move it into your name when you ask.

Your website

• Fix my website: once you’ve paid in full, the finished site is yours.
• Get Fully Booked: keep your site if you leave. When you cancel and you’ve paid everything you owe, we hand over your site files or move the site to your own hosting or account, and help you point your domain at it.

Some things run on our systems and stop when your service ends: the 60-second text-back, lead alerts and monthly reports. The quiz stays on your site, and we’ll help you send its answers to your own email instead. [CONFIRM]

What we keep

We keep our own tools, software, templates, quiz engine, designs we use for many clients, processes and know-how, and anything we made before or outside your project. Where those pieces are built into your site, you get a permanent, free right to keep using and changing them as part of your site. You can’t resell them on their own.

What you let us do with your stuff

You let us use your logo, photos, content and business details to deliver the service: building your site, posting on your pages, running your ads and writing your reports. That permission ends when your service ends, except for things already published that you keep.

With your permission, we may also show your site, ads or results as an example of our work (on our website, in ads, or to other builders). You can take that permission back any time by text or email. We’ll then stop using it in anything new and take it off our website.

10.Hosting

Fix my website: after your site goes live, we host it (keep it online, fast and secure) for [TBC] a month, billed monthly by card through Stripe. Stop any time by text or email and we’ll hand over your site files so you can host it somewhere else. If hosting goes unpaid for 30 days, we may take the site offline until it’s paid.

Get Fully Booked: hosting is included while you’re a client.

11.Text messages

Texts we send to your leads, for you

With Get Fully Booked, our 60-second text-back sends automatic text messages, in your business’s name, to people who contact you through your site, quiz, ads or calls. We send them for you and on your behalf.

• Consent is on you. You confirm that you, and the people we text for you, have the consent the law requires. You’re responsible for following the texting laws that apply to you (like the Telephone Consumer Protection Act and state laws) and carrier rules.
• Carrier registration. US carriers require business texting to be registered (called “A2P 10DLC”). You agree to give us accurate business details for that registration. Any registration or carrier fees are [CONFIRM].
• Opt-outs. If someone replies STOP, we stop texting them and you must not text them again from our system.
• We can stop risky messages. We may change, pause or stop any texting that we think could break the law or carrier rules, or get your number or ours blocked.

Texts we send to you

When you give us your mobile number (in the 2-minute check, at sign-up, or by texting us), you agree to receive texts from Winners about your report, your account and our services. Message frequency varies. Msg & data rates may apply. Reply STOP to opt out, or HELP for help. Consent isn’t a condition of purchase. Carriers aren’t liable for delayed or undelivered messages. More in our Privacy Policy.

12.No guarantee of results

We work hard to get you leads and jobs, but nobody can promise them. We don’t guarantee any number of calls, leads, jobs, sales, revenue, search rankings, ad results or response from the public. Example results on our site are examples, not promises. Results depend on your market, your prices, your reviews, your ad budget, the season, how fast you call leads back, and things we don’t control.

13.Other companies’ platforms

Our services depend on other companies, including Google, Meta (Facebook / Instagram), Twilio (texting), Stripe (payments) and Cloudflare (hosting). They can go down, change their rules, change their prices, or suspend an account. We’re not responsible for what they do, but we’ll tell you when something affects you and work around it where we can. Their own terms apply when you use their services.

14.Keeping things private

We keep your non-public business information private: your numbers, your leads, your logins, your plans. We only use it to do the work, and we only share it with the providers we use to do that work.

If you give us access to an account (Google, Meta, your website), we use it only for your work. Give us access as a user or manager where you can, rather than sharing your password. You can remove our access any time.

You agree to keep our non-public information private too, like our processes, internal reports and anything we mark as confidential.

None of this covers information that’s already public, that someone gets legally from somewhere else, or that the law requires us to share.

15.Acceptable use

Don’t use our site, tools or services to:

• break the law, or advertise anything illegal, false or misleading;
• send spam, or text or call people who haven’t agreed to it;
• run ads that break platform rules, including Google’s and Meta’s special rules for housing and home-related ads, or that discriminate against anyone;
• use someone else’s photos, reviews, trademarks or content without permission;
• hack, overload, scrape or copy the site or our tools, or get around how they work;
• give us false information, or take the check pretending to be someone else.

16.Pausing or ending service

• You can end your service as set out in Cancelling and refunds.
• We can pause or end your service if you don’t pay, if you break these terms, or if your use puts us, our texting or our ad accounts at legal or platform risk. Where it’s fixable, we’ll tell you first and give you a fair chance to fix it.
• We can also end your service for any reason with 30 days’ notice. If we do, we refund any part of a month you’ve paid for and won’t get.

When service ends: anything you owe becomes due; we hand over your site as set out in Who owns what; we remove our access from your accounts; texting, alerts and reports stop; and we keep or delete your information as our Privacy Policy says. The sections that should last after the end (like ownership, payment, liability, indemnity and disputes) still apply.

17.Disclaimers

We do our work with care and skill. Apart from that, and as far as the law allows, the site, the free tools and the services are provided “as is.” We don’t make any other promises, written or implied, including that the site will always be up, error-free or fit for a particular purpose.

18.Limits on our liability

As far as the law allows:

• We’re not liable for indirect or knock-on losses, including lost jobs, lost profits, lost revenue, lost data or harm to your reputation, even if we knew they could happen.
• Our total liability for everything to do with these terms and our services is capped at the fees you paid us in the 3 months before the event that caused the claim. Ad spend you paid to Google or Meta doesn’t count toward that amount.

Some places don’t allow some of these limits. Where that’s the case, they apply as far as the law allows.

19.Indemnity

If someone makes a claim against us because of something on your side, you’ll cover us. That means you’ll defend Winners and pay the costs, damages and reasonable legal fees that come from:

• the content, photos, reviews or claims you gave us or approved;
• texts sent to your leads without the consent the law requires;
• your work, your jobs and your contracts with your customers;
• you breaking these terms or the law.

20.Things outside our control

Neither of us is responsible for delays or failures caused by things outside our reasonable control, like natural disasters, severe weather, power or internet outages, platform outages, cyber attacks, strikes, war, pandemics or new laws. This doesn’t excuse paying what you owe.

21.Disputes and governing law

Talk to us first. If something goes wrong, text or email us. Both sides agree to try in good faith to sort it out within 30 days before going to court.

Law and courts. These terms are governed by the laws of [State — confirm], without regard to its conflict-of-law rules. If we can’t sort it out, any lawsuit goes to the state or federal courts in [County — confirm], [State — confirm], and both sides agree to those courts. Either side can still use small claims court if the claim qualifies.

22.Changes to these terms

We may update these terms. When we do, we change the “Last updated” date at the top. If you’re a paying client and the change matters, we’ll tell you by email or text at least 30 days before it applies to you. If you keep using the service after that, you accept the new terms. If you don’t, you can cancel.

23.The rest of the legal bits

• Whole agreement. These terms, your sign-up details and our Privacy Policy are the whole agreement between us. If we sign a separate written agreement with you, it wins where the two don’t match.
• Notices. Notices between us can be by email or text. For us, use the contact details below.
• If one part doesn’t hold up. If a court says part of these terms can’t be enforced, the rest still applies.
• No waiver. If we don’t enforce something once, we can still enforce it later.
• Passing it on. You can’t transfer this agreement to someone else without our OK. We can transfer it if we sell or reorganize our business.
• Independent businesses. We’re an independent contractor. Nothing here makes us partners, employees or agents of each other, except that we send texts and run ads on your behalf as described above.

24.Contact us

Questions about these terms, or need to cancel?

• Company: [Winners LLC — confirm legal name], doing business as Winners
• Mail: [Address — confirm]
• Email: [legal@withwinners.com — confirm]
• Text or call: (000) 000-0000