Winalytics

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Terms of Use

The mission of Winalytics LLC is to help revenue leaders, sales and customer success professionals to drive sales revenue faster and more predictably by leading buyer conversations around buyer-defined goals and payoffs.

You agree that by registering or accepting registration into the use Winalytics Revenue Velocity Platform for Winalytics Service (the “Service”) as a Winalytics user (“User’) or that by initiating registration of your members as a Winalytics client (“Client”), you are entering into a legally binding agreement with Winalytics, Inc., a Massachusetts Corporation with its principal place of business at 4 Emerson Place, TH-1, Boston, MA 02114, based on these Terms of Service (the “Agreement”).

General Terms

All Users agree to the following general terms and all Clients agree to abide by and support these general terms in registering their members as Users.

  • Users must be 16 years or older to use the Service.
  • Users must not abuse, harass, threaten, impersonate or intimidate other Users.
  • Users must not conduct or promote any illegal activities while using the Services.
  • Users are solely responsible for their conduct and any information that they submit, post, or display through the Service.
  • Users or Partners must not transmit any worms or viruses or any code of a destructive nature.
  • Users or Partners must not, in the use of the Service, violate any laws in their jurisdiction (including but not limited to copyright laws).
  • Users or Partners must not submit any material that violates or infringes the intellectual property rights of any third party.

Violation of any of these conditions may result in the termination of your Winalytics account.

Description of Services

There are the three main ways Winalytics’ Revenue Velocity Platform helps Users and Clients drive sales revenue faster and more predictably by leading buyer conversations with buyer defined goals, including:

1. Guided Prospecting: We give User tools to manage prospecting outreach with more consistency and targeted messaging by buyer persona and market set. Pre-tailored email templates for key buyer phases (e.g. prospecting, discovery calls, proposal call, upsell calls) allows sales, account management or customer success team members to well-written, crafted messages with embedded links and attachments to support buyer engagement. Guided prospecting touch cadences and prospecting task lists encourage completion of up to 10-touch prospecting campaigns and support execution of high volume but tailored prospecting. Prospecting insights automatically track first discovery call counts and initial discovery call progression to a second follow-on meeting through a calendar integration. Discovery call counts and discovery call progression are linked to specific campaigns to identify the market segments, value proposition, and buyer personas that lead to the highest number of quality first discovery calls.

2. Guided Buyer Conversations: We give User tools to quickly and easily access tools to structure buyer conversations at all stages of the buyer journey from initial discovery calls, to decision group calls, proposal calls, upsell and account expansion calls. Sales, account management, and customer success team members can dynamically search playbooks to quickly find the right tools and content assets. Team members can prepare and run each buyer conversation with a meeting widget that lets them embed selected tools and assets into their meeting calendar invite. Team members also have access to a holistic view of each buyer contact that shows all past emails, meetings, and documents shared with each individual buyer. Sales execution insights tracks the volume of buyer meetings and buyer activities that produce higher levels of sales revenue generation.

3. Guided Skills Coaching. We give User tools to support guided skills coaching within and across their sales, account management and customer success team. A skills coaching widget gives the Users or the User’s manager that ability to embed skills coaching activities into their existing buyer appointments. The skills coaching widget lets a Users or the User’s manager pick playbook tools or content assets to use and practice that are aligned to a buyer phase, value prop and market segment. Skills tracking analytics create a single place to track the frequency and type of coaching interactions.

Proprietary Rights and Licenses

1. Reservation of Rights. Subject to the limited rights expressly granted hereunder, we and our licensors reserve all of Our/their right, title and interest in and to the Services, including all of Our/their related intellectual property rights. No rights are granted to User hereunder other than the right to receive and use Services as expressly set forth herein.

2. License by User to Host Your Data and Applications. User grants us and our Affiliates a worldwide, limited-term license to host, copy, transmit and display your data as necessary for us to provide the Services in accordance with this Agreement. Subject to the limited licenses granted herein, We acquire no right, title or interest from You or Your licensors under this Agreement in or to Your Data or any Non-Winalytics Application.

3. License by User to Use Feedback; Marketing. User grants to us and Our affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by Users relating to the operation of the Services. Notwithstanding the foregoing, We may, during Term of Agreement, reference User or Clients as a customer of the Services subject to any trademark or logo usage guidelines that User may provide to us.

4. Use of Data. We shall have the right to (and to retain third parties to) collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies. We will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and Our other offerings, and (ii) use third party service providers, contractors and subcontractors (“Our Providers”) to assist in providing, supporting and improving the Service. We may share all such information and data with Our providers, who may store and use it solely to provide, support and improve the Service. We shall be responsible for the compliance of Our providers with the Confidentiality and other provisions of this Agreement as they relate to the collection, storage and use of PII submitted to the Services and otherwise disclose such information and data solely in aggregate or other de-identified form in connection with Our business.

Fees and Payments for Services

1. Fees. A User or Client will pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form, (i) fees are based on Services purchased and not actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term.

2. Invoicing and Payment. A User or Client will provide ss with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to Us. If a User or Client provides credit card information to us, User or Client authorizes us to charge such credit card for all Services listed in the Order Form for the initial subscription term and any renewal subscription term(s) as set forth in Section 11.2 (Term of Subscriptions). Such charges shall be made in advance, either annually or in accordance with any different billing frequency stated in the applicable Order Form. If the Order Form specifies that payment will be by a method other than a credit card, we will invoice the User or Client in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, invoiced charges are due net 30 days from the invoice date. User is responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.

3. Suspension of Service and Acceleration. If any amount owing by User or Client under this or any other agreement for the Services is 60 or more days overdue (or 20 or more days overdue in the case of amounts User or Client has authorized us to charge to User credit card), We may, without limiting Our other rights and remedies, accelerate User or Client unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full. We will give the User or Client at least 20 days’ prior notice that the User account is overdue, in accordance with Section 12.2 (Manner of Giving Notice), before suspending services to User.

Disclaimer of Warranties

We provide our Services “as is”, “with all faults” and “as available.” We and our suppliers make no express warranties or guarantees about the Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH OUR SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OUR SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY OF OUR REPRESENTATIVES SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.

Limitations of Liability

USERS AND CLIENTs ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT WILL WINALYTIC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, NOR LOST PROFITS, ARISING IN CONNECTION WITH THE SITE, SERVICES OR THIS AGREEMENT, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS THE SERVICE. IN ADDITION, IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES
THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Winalytics IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination of Service

Users and Clients agree that Winalytics, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and/or destroy any information within the Site or Service, for any reason, including, without limitation, if Winalytics believes that you have acted inconsistently with the terms of this Agreement. Further, Users and Clients agree that Winalytics shall not be liable to you or any third party for any termination of your access to the Site or Service. Further, Users and Clients agree not to attempt to use the Service after said termination.

Indemnification

Users and Clients indemnifies us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Winalytics.

Changes to this Agreement

Winalytics may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is the User’s sole responsibility to check the Site from time to time to view any such changes in the Agreement. If the User or Client does not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Service. Use of the Service after any modifications to the Agreement indicates that you agree to such modified Agreement.

Entire Agreement

Users and Clients agree that this Agreement constitutes the entire, complete and exclusive agreement with Winalytics regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.