Terms of Service

Agreement to Terms

These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and WinBack Inc d/b/a BuyerExperience ("Company," "BuyerExperience," "we," "us," or "our"), governing your access to and use of buyerexperience.io and any related media, channels, or applications (collectively, the "Site"). We are incorporated in Delaware, with our principal place of business at 1621 Central Ave, Cheyenne, Wyoming 82001.

By accessing the Site, you confirm that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, you must discontinue use of the Site immediately.

We reserve the right to modify these Terms at any time. Changes take effect upon posting, indicated by an updated "Last Updated" date. Your continued use of the Site following any changes constitutes acceptance of the revised Terms.

The Site is intended for users who are at least 18 years old.

Intellectual Property

The Site and all of its content — including source code, software, designs, text, graphics, logos, and trademarks (collectively, "Content") — are owned by or licensed to BuyerExperience and protected under U.S. and international intellectual property law. "Rebound Funnel" is a trademark of WinBack Inc.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for lawful business evaluation and commercial purposes consistent with these Terms. You may not copy, reproduce, distribute, sell, reverse engineer, or exploit any Content without our prior written permission.

User Representations

By using the Site, you represent and warrant that:

1. Any information you provide is true, accurate, current, and complete.
2. You have the legal authority to agree to these Terms on behalf of yourself or your organization.
3. You will not access the Site through automated or non-human means unless expressly authorized.
4. Your use of the Site will not violate any applicable law or regulation.

Prohibited Activities

You agree not to use the Site to:

1. Violate any applicable law or regulation.
2. Infringe upon the intellectual property rights of BuyerExperience or any third party.
3. Systematically scrape, harvest, or collect data from the Site without written permission.
4. Upload or transmit malicious code, viruses, or any software that disrupts the Site.
5. Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
6. Engage in any automated use of the Site, including bots, scrapers, or data mining tools.
7. Compete with BuyerExperience by using Site content for a competing product or service.
8. Submit false, misleading, or fraudulent information.
9. Interfere with or disrupt the integrity or performance of the Site.
10. Attempt to gain unauthorized access to any portion of the Site or its related systems.

Privacy and Data

We care about data privacy and security. Please review our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you agree to our data practices as described in the Privacy Policy.

The Site is hosted in the United States. If you access the Site from outside the United States, you consent to your data being transferred to and processed in the United States.

Enterprise data processing is governed by BuyerExperience’s Data Processing Agreement (DPA), available upon request.

Third-Party Services and Links

The Site may contain links to third-party websites or services. We do not control and are not responsible for the content, privacy practices, or terms of any third-party sites. Linking does not imply endorsement.

Certain features of the Site may use automated systems or artificial intelligence. These are provided for informational purposes only, and BuyerExperience makes no warranty as to their accuracy or completeness.

Submissions and Feedback

Any feedback, suggestions, or ideas you submit to us ("Submissions") become the sole property of BuyerExperience. We may use Submissions for any lawful purpose without compensation or attribution to you.

Disclaimer of Warranties

THE SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BUYEREXPERIENCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BUYEREXPERIENCE AND ITS DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT SUCH LAWS APPLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless BuyerExperience and its affiliates, officers, agents, and employees from any claim, loss, liability, or expense (including reasonable attorneys’ fees) arising from: (1) your use of the Site; (2) your breach of these Terms; (3) your violation of any third-party rights; or (4) any misrepresentation you make.

Term and Termination

These Terms remain in effect while you use the Site. We reserve the right, in our sole discretion, to suspend or terminate your access to the Site at any time and for any reason, without notice or liability. If your account is terminated, you may not register a new account without our consent.

Modifications and Availability

We reserve the right to modify, suspend, or discontinue the Site at any time without notice. We are not liable for any loss resulting from Site unavailability, modifications, or discontinuation.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Dispute Resolution

Informal Negotiation. Before initiating any formal proceeding, the parties agree to attempt to resolve any dispute informally for at least thirty (30) days following written notice from one party to the other.

Binding Arbitration. If informal resolution fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English. The arbitrator’s decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

Class Action Waiver. All disputes must be brought in the parties’ individual capacities. Neither party may participate in a class action or class-wide arbitration.

Exceptions. The following are not subject to arbitration: (a) disputes involving intellectual property rights; (b) claims of theft, piracy, or unauthorized access; and (c) claims for injunctive relief.

Statute of Limitations. Any claim must be brought within one (1) year of the cause of action arising.

Miscellaneous

These Terms, together with our Privacy Policy and any other policies posted on the Site, constitute the entire agreement between you and BuyerExperience regarding the Site. If any provision is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce any right or provision does not constitute a waiver. We may assign our rights and obligations without restriction.

Contact

If you have questions about these Terms, please contact us at:

WinBack Inc d/b/a BuyerExperience
1621 Central Ave
Cheyenne, Wyoming 82001
Email: brian@buyerexperience.io