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Terms

Terms and Conditions for WynnMetrics

Last Updated: 11/08/2025

Welcome to WynnMetrics! These Terms and Conditions (“Terms”) govern your access to and use of the WynnMetrics SaaS platform, including our website (app.wynnmetrics.com), and any related services (collectively, the “Service”). The Service is provided by WynnMetrics (“WynnMetrics,” “we,” “us,” or “our”).

By creating an account, clicking “I Agree,” or using the Service, you and the entity you represent (“You” or “Your Company”) agree to be bound by these Terms.

1. Your Account and Responsibilities

To access the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during the registration process.
  • Keep your password secure and confidential. You are responsible for all activities that occur under your account.
  • Notify us immediately of any unauthorized use of your account.
  • Be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • Be responsible for all users (“Team Members”) you invite to your account and their compliance with these Terms.

2. Subscriptions and Payments

Our Service is billed on a subscription basis.

  • Payments: We use a third-party payment processor (Stripe) to handle all payments. By providing your payment information, you agree to Stripe’s terms of service. We do not store your credit card details.
  • Billing Cycle: Subscription fees are billed in advance on a recurring monthly or annual basis (“Billing Cycle”).
  • Automatic Renewal: Your subscription will automatically renew at the end of each Billing Cycle unless you cancel it.
  • Cancellations: You may cancel your subscription at any time. The cancellation will take effect at the end of the current Billing Cycle, and you will not be charged again.
  • No Refunds: Payments are non-refundable. We do not provide refunds or credits for any partial subscription periods.
  • Fee Changes: We reserve the right to change our subscription fees at any time. We will provide you with reasonable prior notice (at least 30 days) of any fee changes.

3. Your Data and Content

Our Service allows you to create campaigns, collect survey responses, and generate AI-driven analysis.

  • Data Ownership: You retain all ownership rights to the data you provide to the Service, including your campaign details and the raw responses you collect (“Your Data”).
  • License to Us: To provide the Service, you grant WynnMetrics a worldwide, non-exclusive, royalty-free license to use, process, store, display, and transmit Your Data. This is solely for the purpose of operating, providing, and improving the Service for you.
  • Your Responsibilities: You are solely responsible for Your Data. You represent that you have all necessary rights to Your Data and that its use does not violate any laws or third-party rights. You will not use the Service to collect any “Protected Health Information” (as defined by HIPAA) or other sensitive, regulated data.

4. AI-Generated Content and Service Improvement

The Service uses generative artificial intelligence (AI) to generate survey questions and analyze responses.

  • AI-Generated Content: The AI-generated questions and analysis (“AI Content”) are provided to you as part of the Service. We make no guarantees as to the accuracy, completeness, or uniqueness of the AI Content. You are responsible for reviewing and validating all AI Content before use.
  • Data for Service Improvement: You acknowledge and agree that WynnMetrics may use Your Data (in an anonymized and aggregated form) to improve and fine-tune our AI models and the Service. This aggregated data will not be traceable back to you, Your Company, or any individual.
  • Human-in-the-Loop: As part of our “human-in-the-loop” quality control, you may be presented with AI-generated analysis to confirm or correct. You agree that any corrections or feedback you provide may be used by us to improve our AI models.

5. Acceptable Use

You agree not to use the Service to:

  • Violate any law, regulation, or third-party right.
  • Transmit any spam, viruses, or other harmful computer code.
  • Attempt to reverse-engineer, decompile, or otherwise discover the source code of the Service.
  • Use the Service to harass, abuse, or harm any person.
  • Attempt to gain unauthorized access to our systems or another user’s data.

6. Termination

  • Termination by You: You can stop using the Service and cancel your subscription at any time.
  • Termination by Us: We reserve the right to suspend or terminate your account and access to the Service, with or without cause, at any time. If we terminate your account without cause, we will provide a pro-rata refund for any prepaid, unused portion of your subscription. If we terminate your account for cause (i.e., you breached these Terms), you will not be entitled to any refund.

7. Disclaimers and Limitation of Liability

  • Disclaimer of Warranties: THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WYNNMETRICS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
  • Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WYNNMETRICS, ITS AFFILIATES, OFFICERS, OR DIRECTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR (B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
  • Cap on Liability: IN NO EVENT WILL WYNNMETRICS’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO WYNNMETRICS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8. General Terms

  • Governing Law: These Terms shall be governed by the laws of the State of Ohio, without regard to its conflict of law provisions.
  • Changes to Terms: We may modify these Terms at any time. We will notify you of changes by posting the new Terms on our site. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
  • Entire Agreement: These Terms constitute the entire agreement between you and WynnMetrics regarding the Service and supersede all prior agreements.