Terms of Service

WinbackEngine by LTVplus

Last Updated: July 8, 2026 Effective Date: July 8, 2026

These Terms of Service ("Terms") govern your access to and use of the websites, landing pages, forms, funnels, services, content, and related online properties operated by WinbackEngine by LTVplus, including winbackengine.com, go.winbackengine.com, and any related pages that link to these Terms.

WinbackEngine is operated by LTVplus, LLC ("WinbackEngine," "LTVplus," "Company," "we," "us," or "our").

By accessing our websites, submitting information through our forms, booking a call, purchasing services, or otherwise using our services, you agree to these Terms. If you do not agree, do not use our websites or services..

1. Important Notices

Notice of Arbitration and Class Action Waiver

These Terms contain an arbitration agreement and class action waiver. Except for claims that may be brought in small claims court, claims for intellectual property infringement, or claims for injunctive relief, disputes between you and WinbackEngine will be resolved by binding individual arbitration. You agree not to bring or participate in any class, collective, consolidated, representative, or private attorney general action or arbitration.

Notice of Limitation of Liability

These Terms contain limitations on WinbackEngine's liability. To the fullest extent permitted by law, WinbackEngine's total monetary liability is limited as described in these Terms.

2. Definitions

For purposes of these Terms:

• "Customer," "Client," "you," or "your" means the person or business accessing our websites, submitting information, booking a call, or purchasing or using our services.

• "Company," "WinbackEngine," "LTVplus," "we," "us," or "our" means LTVplus, LLC and its WinbackEngine brand.

• "Services" means the websites, landing pages, forms, marketing funnels, customer reactivation services, winback services, recovery campaigns, consulting, reporting, related communications, and other services provided by WinbackEngine.

• "Customer Data" means data, records, lists, CRM exports, customer contact information, transaction history, booking history, customer status, lapsed customer records, and other information that a Client provides or makes available to WinbackEngine.

• "Recovered Revenue" means revenue attributable to customers contacted or reactivated through a WinbackEngine campaign, as determined by the applicable order form, service agreement, attribution rules, or written campaign terms.

  
  

3. Relationship to Other Agreements

These Terms apply generally to your use of our websites and services. If you enter into a separate written agreement, order form, statement of work, service agreement, data processing agreement, or similar document with WinbackEngine or LTVplus, that separate agreement will control if there is a conflict with these Terms. Our Privacy Policy & Cookie Policy explains how we collect, use, and protect personal information collected through our websites and services.

If WinbackEngine processes personal information on behalf of a business client, our processing may also be governed by a separate Data Processing Agreement.

4. Services

WinbackEngine provides customer reactivation, lapsed customer winback, outreach, recovery campaign support, and related services for businesses.

Depending on the applicable agreement, our services may include:

• Importing or reviewing customer, CRM, booking, subscription, or transaction data

• Identifying lapsed or inactive customers

• Segmenting customers for reactivation campaigns

• Developing outreach scripts, messaging, and campaign playbooks

• Providing trained human recovery agents

• Calling, messaging, or otherwise contacting customers, where legally permitted

• Using prioritization, analytics, automation, or machine-learning tools to support campaign performance

• Tracking, reporting, and attributing recovered revenue

• Providing campaign strategy, management, quality assurance, and performance reporting

  
  

WinbackEngine does not guarantee that every campaign will generate revenue unless a specific written guarantee applies under an order form, service agreement, or other written campaign terms.

5. Website Use

You may use our websites only for lawful purposes and in accordance with these Terms.

You agree not to:

• Use our websites or services in violation of any law, regulation, or third-party right

• Submit false, misleading, inaccurate, or deceptive information

• Attempt to interfere with or disrupt our websites or systems

• Attempt to gain unauthorized access to our systems, accounts, databases, or networks

• Scrape, crawl, harvest, copy, or extract data from our websites without written permission

• Use automated tools, bots, spiders, or similar technologies to access our websites without authorization

• Reverse engineer, decompile, disassemble, or attempt to derive source code from any software, system, or technology used by WinbackEngine

• Use our websites, content, or services to train artificial intelligence models, machine learning systems, or neural networks without written permission

• Copy, frame, mirror, reproduce, distribute, sell, lease, sublicense, modify, or create derivative works from our websites or services

• Use our websites or services to send spam, unlawful marketing, or unauthorized communications

• Upload or transmit malware, viruses, harmful code, or other destructive materials

• Assist anyone else in doing any of the above

We may suspend or terminate access to our websites or services if we believe you have violated these Terms.

6. Lead Forms, Applications, and Bookings

When you submit a form, application, booking request, survey, or other information through our websites, you agree that the information you provide is accurate, current, and complete.

You authorize WinbackEngine and LTVplus to contact you about your inquiry, your business, our services, and related opportunities by email, phone, SMS, or other communication channels, where permitted by law.

Submitting a form or booking a call does not create a client relationship unless and until WinbackEngine or LTVplus accepts you as a client through a written agreement, order form, payment, or other onboarding process.

7. Communications Consent

By providing your contact information, including your phone number, you authorize WinbackEngine and LTVplus to contact you regarding your inquiry, our services, scheduling, onboarding, and related business matters.

Where required by law, marketing text messages will be sent only with appropriate consent. You may opt out of SMS messages by replying STOP. You may unsubscribe from marketing emails using the unsubscribe link in the email or by contacting us.

Message and data rates may apply. Consent to receive marketing text messages is not required as a condition of purchasing services.

8. Client Responsibilities

If you become a WinbackEngine client, you are responsible for:

• Providing accurate, lawful, and complete Customer Data

• Ensuring you have the legal right to provide Customer Data to WinbackEngine

• Ensuring you have any required consents, notices, permissions, or legal bases to contact customers

• Ensuring your customer lists are accurate and properly segmented

• Honoring opt-outs, unsubscribe requests, do-not-call requests, suppression lists, and other customer communication preferences

• Providing accurate information about your offers, pricing, refund policies, services, products, locations, and operating procedures

• Providing timely access to relevant systems, data, tools, staff, and information

• Reviewing and approving scripts, campaigns, offers, and compliance requirements where applicable

• Complying with all applicable laws and regulations, including privacy, consumer protection, telemarketing, SMS, email marketing, call recording, and do-not-call laws

You acknowledge that WinbackEngine relies on the accuracy and lawfulness of the information, data, and instructions you provide.

9. Customer Data and Compliance

You represent and warrant that:

• You have collected Customer Data lawfully

• You have the right to disclose Customer Data to WinbackEngine

• WinbackEngine may process Customer Data for the purpose of providing the Services

• The use of Customer Data for outreach, reactivation, winback, or recovery campaigns will not violate applicable law or third-party rights

• You will provide WinbackEngine with all applicable suppression lists, opt-out lists, do-not-call lists, and communication restrictions

• You will promptly notify WinbackEngine of any customer request, complaint, opt-out, or legal issue related to a campaign

WinbackEngine may refuse, pause, modify, or terminate any campaign if we believe the campaign, data, instructions, or outreach may violate applicable law, platform rules, customer rights, or our internal compliance standards.

10. TCPA, DNC, SMS, Email, and Outreach Compliance

Because WinbackEngine may contact lapsed customers on behalf of clients, outreach compliance is a shared responsibility.

Unless otherwise stated in a written agreement:

• You are responsible for ensuring that the customers you provide may be legally contacted

• You are responsible for confirming whether consent is required for calls, texts, emails, or other outreach

• You are responsible for providing suppression lists and honoring opt-outs

• You are responsible for confirming whether any telephone numbers are on internal, state, federal, or other do-not-call lists

• You are responsible for ensuring that your offers, promotions, pricing, and customer-facing claims are accurate and legally compliant

WinbackEngine will use commercially reasonable efforts to follow campaign instructions, approved scripts, opt-out handling, and applicable compliance procedures. However, WinbackEngine is not responsible for the lawfulness of Customer Data supplied by you or for outreach instructions that you provide.

11. Fees, Billing, and Payment

Fees, billing schedules, payment terms, commitments, deposits, setup fees, performance fees, recovered revenue percentages, subscription fees, cancellation terms, refund terms, and other commercial terms will be stated in the applicable order form, proposal, checkout page, invoice, statement of work, service agreement, or written campaign terms.

Unless otherwise stated in writing:

• Fees are billed in advance or according to the applicable billing cycle.

• You authorize WinbackEngine or LTVplus to charge the payment method you provide.

• You must keep payment information accurate and current.

• Payments are due when invoiced.

• Late payments may result in suspension or termination of services.

• Taxes, payment processing fees, bank fees, chargeback fees, and similar amounts may be your responsibility.

• Prepaid amounts are non-refundable except where expressly stated in writing.

• Recurring services may automatically renew unless canceled according to the applicable written terms.

• If there is a minimum engagement term, pilot term, campaign term, or notice period stated in a written agreement, that term must be fulfilled unless WinbackEngine agrees otherwise in writing.

12. Performance Fees and Recovered Revenue

If your agreement includes performance fees, revenue-share fees, recovered revenue fees, or similar outcome-based fees, the applicable percentage, attribution rules, billing schedule, revenue categories, exclusions, reporting requirements, and payment obligations will be stated in the applicable order form, proposal, statement of work, service agreement, or written campaign terms.

Unless otherwise stated in writing, you agree to provide reasonable access to records, CRM data, booking data, payment data, revenue reports, attendance records, transaction records, and other information necessary to calculate campaign performance, attribution, and applicable fees.

If there is a dispute over attribution, recovered revenue, or performance fees, the parties will work in good faith to review the relevant records and resolve the issue.

13. Guarantee and Refund Terms

Any guarantee, pilot guarantee, ROI guarantee, refundable commitment, performance promise, or money-back offer applies only if expressly stated in writing by WinbackEngine.

If a written guarantee applies, the guarantee is subject to all conditions, exclusions, timelines, attribution rules, data access requirements, payment requirements, reporting requirements, and client cooperation requirements stated in the applicable order form, checkout page, proposal, statement of work, service agreement, or written campaign terms.

Unless otherwise stated in writing, a guarantee may be void if:

• You fail to provide accurate or complete Customer Data.

• You delay onboarding, approvals, access, or campaign launch.

• You materially change the offer, pricing, services, locations, availability, or customer experience during the campaign.

• You fail to honor appointments, bookings, offers, or customer requests.

• You fail to provide required reporting or attribution access.

• Customer Data is inaccurate, outdated, restricted, incomplete, or not legally contactable.

• You pause, cancel, restrict, or materially alter the campaign before the guarantee period ends.

• Your business cannot fulfill recovered demand due to staffing, capacity, scheduling, inventory, operational, or other constraints.

Refunds, credits, or fee adjustments, if any, will be limited to the amount expressly covered by the written guarantee.

14. No Guarantee of Results

Except for any express written guarantee, WinbackEngine does not guarantee:

• Any specific revenue amount

• Any specific ROI

• Any specific number of recovered customers

• Any specific booking, attendance, renewal, subscription, or purchase rate

• Any specific campaign response rate

• Any specific business outcome

Campaign performance depends on many factors outside WinbackEngine's control, including data quality, customer history, offer strength, brand reputation, pricing, staffing, fulfillment, seasonality, location performance, customer demand, and client cooperation.

15. Third-Party Platforms and Tools

WinbackEngine may use third-party tools, platforms, software, CRMs, dialers, analytics tools, advertising platforms, scheduling tools, data processors, hosting providers, payment processors, communication tools, or other vendors to provide the Services.

You acknowledge that third-party platforms may have their own terms, policies, privacy notices, fees, restrictions, and availability limitations.

WinbackEngine is not responsible for outages, errors, data loss, policy changes, account suspensions, integrations, platform restrictions, or failures caused by third-party platforms.

16. Intellectual Property

WinbackEngine and LTVplus retain all rights, title, and interest in and to their websites, content, designs, trademarks, service marks, logos, systems, processes, methods, scripts, templates, playbooks, training materials, software, workflows, analytics, reporting formats, prioritization models, know-how, and other intellectual property.

You may not copy, reproduce, distribute, modify, publicly display, publicly perform, sell, sublicense, lease, reverse engineer, or create derivative works from WinbackEngine intellectual property without written permission.

Your business name, trademarks, customer records, product information, and Customer Data remain your property.

Subject to these Terms and any applicable agreement, you grant WinbackEngine a limited right to use your Customer Data, business information, brand materials, logos, offers, scripts, and related materials solely as necessary to provide the Services, conduct campaigns, communicate with customers, create reports, and fulfill our obligations.

17. User-Generated Content and Materials

If you upload, submit, transmit, or provide materials to WinbackEngine, including text, images, videos, URLs, documents, customer lists, scripts, offers, brand guidelines, or other content, you represent that you have the right to provide those materials and that they do not violate any law or third-party rights.

You grant WinbackEngine a non-exclusive, worldwide, royalty-free license to use those materials for the purpose of providing the Services.

You are responsible for ensuring that all materials you provide are accurate, lawful, non-deceptive, and complete.

18. Confidentiality

Each party may receive confidential or proprietary information from the other party.

"Confidential Information" includes non-public business, technical, financial, customer, operational, marketing, pricing, strategy, process, software, data, and other information that a reasonable person would understand to be confidential.

Each party agrees to:

• Use Confidential Information only to perform obligations or exercise rights under these Terms or an applicable agreement

• Protect Confidential Information using reasonable care

• Not disclose Confidential Information to third parties except as necessary to perform the Services, comply with law, or as otherwise permitted in writing

• Return or delete Confidential Information upon reasonable request, subject to legal, accounting, backup, and operational retention requirements

Confidential Information does not include information that is publicly available, already known without restriction, independently developed, lawfully received from a third party, or required to be disclosed by law.

Confidentiality obligations survive termination for five years, or longer for trade secrets and highly sensitive information to the extent permitted by law.

19. Privacy and Data Protection

Our collection and use of personal information through our websites is described in our Privacy Policy & Cookie Policy.

If WinbackEngine processes personal information on behalf of a client, the client is generally the controller or business responsible for determining the purposes and means of processing, and WinbackEngine acts as a service provider or processor.

Where required by law or requested by the parties, data processing terms may be governed by a separate Data Processing Agreement.

20. Security

WinbackEngine uses reasonable administrative, technical, and organizational safeguards designed to protect information processed through the Services.

However, no system, website, communication method, or data transmission is completely secure. You are responsible for using secure systems, limiting access, maintaining appropriate permissions, and protecting credentials used to access shared tools or systems.

21. Website Analytics and Log Files

We may collect website log data and usage data, including IP address, browser type, device type, referral URL, pages visited, access times, and similar information.

We may use this information to analyze trends, administer the site, improve user experience, detect errors, troubleshoot issues, measure marketing performance, and protect our systems.

Use of cookies and similar technologies is described in our Privacy Policy & Cookie Policy.

22. Testimonials, Case Studies, and Publicity

Unless otherwise agreed in writing, WinbackEngine may publicly identify your company as a client and may use your company name and logo in client lists, websites, presentations, and marketing materials.

WinbackEngine will not publicly disclose confidential campaign results, financial terms, or sensitive customer information without permission.

Detailed case studies, testimonials, press releases, or public performance claims require written approval from both parties.

23. Non-Hire and Non-Solicitation

During the term of services and for two years after termination, you agree not to directly or indirectly solicit, hire, contract with, or engage any employee, contractor, agent, candidate, or team member introduced, endorsed, assigned, screened, or made available by WinbackEngine or LTVplus in connection with the Services without prior written consent.

This restriction includes attempts to bypass WinbackEngine or LTVplus by hiring, contracting with, or engaging such individuals directly or through another company.

If you violate this section, WinbackEngine may seek injunctive relief, damages, and any other remedies available under law or equity.

24. Warranties

Each party represents and warrants that:

• It has the authority to enter into these Terms and any applicable agreement

• It will comply with applicable laws in performing its obligations

• It will obtain any permits, licenses, consents, or approvals required for its obligations

• It will not knowingly provide materials, data, or instructions that violate applicable law or third-party rights

25. Disclaimer of Warranties

Except as expressly stated in these Terms or a separate written agreement, the websites and Services are provided on an "as is" and "as available" basis.

To the fullest extent permitted by law, WinbackEngine, LTVplus, and their affiliates, employees, contractors, agents, service providers, and licensors disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, uninterrupted operation, error-free performance, and results.

WinbackEngine does not warrant that the websites or Services will be uninterrupted, timely, secure, error-free, or free of harmful components.

26. Limitation of Liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, lost business, loss of goodwill, loss of data, or business interruption, even if advised of the possibility of such damages.

To the fullest extent permitted by law, WinbackEngine's total liability for all claims arising out of or relating to these Terms, the websites, or the Services will not exceed the amounts paid by you to WinbackEngine for the Services during the twelve months immediately before the event giving rise to the claim.

If no amounts were paid, WinbackEngine's total liability will not exceed $100.

These limitations apply to all claims in the aggregate, whether based in contract, tort, negligence, strict liability, statute, or any other legal theory.

27. Indemnification

You agree to indemnify, defend, and hold harmless WinbackEngine, LTVplus, their affiliates, officers, directors, employees, contractors, agents, service providers, and representatives from and against any claims, damages, liabilities, losses, costs, expenses, fines, penalties, and fees, including reasonable attorneys' fees, arising out of or related to:

• Your use of the websites or Services

• Customer Data or materials you provide

• Your products, services, offers, pricing, promotions, or customer experience

• Your instructions to WinbackEngine

• Your breach of these Terms or any applicable agreement

• Your violation of applicable law

• Your violation of privacy, telemarketing, SMS, email, do-not-call, consumer protection, or similar laws

• Your violation of third-party rights

• Claims by your customers, former customers, employees, contractors, vendors, or business partners

WinbackEngine agrees to indemnify you against third-party claims arising from WinbackEngine's gross negligence, willful misconduct, or infringement of third-party intellectual property rights by WinbackEngine-owned materials, except to the extent the claim arises from your materials, instructions, Customer Data, or modifications.

28. Termination

Either party may terminate services according to the applicable order form, proposal, service agreement, or written campaign terms.

Unless otherwise stated in writing:

• Either party may terminate ongoing services with 30 days' written notice

• Any minimum commitment period must be fulfilled

• Any unpaid fees remain due through the end of the current billing cycle or commitment period

• Prepaid fees are non-refundable except where expressly stated in writing

• WinbackEngine may suspend or terminate services immediately for non-payment, legal risk, compliance concerns, misuse, abuse, fraud, unlawful activity, or breach of these Terms

Upon termination, WinbackEngine's obligation to provide Services will end, but provisions that by their nature should survive will survive, including payment obligations, confidentiality, intellectual property, non-hire, indemnification, limitation of liability, dispute resolution, and governing law.

29. Effect of Termination on Data

Upon termination, WinbackEngine may retain, delete, archive, or return Customer Data according to the applicable agreement, Data Processing Agreement, legal requirements, backup procedures, and operational retention policies.

WinbackEngine may retain deidentified, aggregated, or anonymized data for analytics, reporting, compliance, security, and business purposes.

30. Third-Party Links

Our websites may contain links to third-party websites, tools, resources, or services.

We do not control third-party websites and are not responsible for their content, privacy practices, terms, security, availability, or accuracy.

You access third-party websites and services at your own risk.

31. Force Majeure

Neither party will be liable for failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, government action, civil unrest, internet outages, power outages, third-party platform failures, telecommunications failures, epidemics, pandemics, or other events outside the affected party's reasonable control.

The affected party will use reasonable efforts to resume performance as soon as practical.

32. Governing Law

These Terms and any dispute arising out of or relating to these Terms, the websites, or the Services will be construed and enforced in accordance with the laws of the State of Delaware, excluding Delaware conflict-of-law principles that would require the application of the laws of another jurisdiction.

33. Arbitration

Except for claims that may be brought in small claims court, claims for intellectual property infringement, or claims for injunctive relief by either party, you and WinbackEngine agree that any dispute, claim, or controversy arising out of or relating to these Terms, the websites, or the Services will be resolved by final and binding arbitration under the Federal Arbitration Act.

For consistency with LTVplus's Terms of Service, you and WinbackEngine agree that disputes subject to arbitration will be governed by the laws of the State of California, without regard to California conflict-of-law rules.

The arbitration will be conducted through the platform provided by New Era ADR, Inc., in accordance with its rules and procedures for virtual expedited arbitrations, by a professional neutral with substantial experience resolving commercial disputes.

The arbitration will be conducted in English. The neutral's decision will be final and binding on the parties, and judgment on any award may be entered in any court having jurisdiction.

Nothing in this section prevents either party from seeking immediate injunctive relief from a court of competent jurisdiction. A request for injunctive relief will not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.

The parties agree to keep confidential all arbitration awards, confidential information, materials created for the arbitration, and documents produced in the arbitration, except to the extent disclosure is required by law, necessary to protect or pursue a legal right, or necessary to enforce or challenge an award.

The neutral may award fees and expenses, including reasonable attorneys' fees, to the prevailing party.

34. Class Action Waiver

You and WinbackEngine agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, class member, or representative in any class, collective, consolidated, representative, or private attorney general proceeding.

Any dispute resolution proceeding arising out of or relating to these Terms, the websites, or the Services, whether in arbitration or otherwise, must be conducted only on an individual basis and not in a class, consolidated, collective, or representative action.

35. Judicial Dispute Resolution

In each instance where arbitration is unavailable, where a claim is excluded from arbitration, or where injunctive relief is sought, the following provisions apply.

The parties irrevocably and unconditionally submit to the jurisdiction of the state and federal courts located in Los Angeles, California, for any suit, action, or proceeding arising out of or based upon these Terms, the websites, or the Services.

The parties agree not to commence any such suit, action, or proceeding except in those courts, and waive any objection that those courts are an inconvenient forum or improper venue.

The parties acknowledge that any violation of these Terms may cause irreparable harm for which monetary damages may be inadequate. The aggrieved party may seek injunctive relief from a court of competent jurisdiction without the necessity of posting a bond, or where a bond is required, the parties agree that a $1,000 bond will be adequate.

36. Equitable Relief

You acknowledge that a breach of confidentiality, intellectual property, data protection, or non-hire obligations may cause irreparable harm for which monetary damages may be inadequate.

WinbackEngine may seek injunctive relief, specific performance, or other equitable remedies without posting bond, in addition to any other remedies available at law or equity.

37. Assignment

You may not assign or transfer your rights or obligations under these Terms without WinbackEngine's prior written consent.

WinbackEngine may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, sale of assets, reorganization, financing, corporate transaction, or transfer of services.

38. Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment relationship, agency relationship, or franchise relationship.

Neither party has authority to bind the other unless expressly authorized in writing.

39. No Third-Party Beneficiaries

These Terms do not create rights for any third party except as expressly stated.

40. Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted on this page with a revised "Last Updated" date.

Your continued use of our websites or Services after updated Terms are posted means you accept the updated Terms.

For active clients, material changes to commercial terms will apply only as permitted by the applicable agreement or upon renewal, unless otherwise agreed in writing.

41. Severability

If any provision of these Terms is found invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions will remain in full force and effect.

42. No Waiver

Failure to enforce any provision of these Terms does not waive our right to enforce that provision or any other provision in the future.

43. Entire Agreement

These Terms, together with any applicable order form, proposal, service agreement, Data Processing Agreement, Privacy Policy, and other written terms incorporated by reference, constitute the entire agreement between you and WinbackEngine regarding the websites and Services.

They supersede all prior or contemporaneous understandings, statements, proposals, advertisements, or communications regarding the subject matter.

44. Electronic Signatures and Counterparts

Any agreement related to the Services may be executed electronically and in counterparts. Electronic signatures and electronic records will have the same legal effect as originals.

45. Contact Information

Questions, notices, complaints, and inquiries may be sent to:

LTVplus, LLC
Attn: WinbackEngine Legal / Privacy
1032 E Brandon Blvd, Number 1003
Brandon, FL 33511

Email: info@winbackengine.com
Privacy inquiries: privacy@ltvplus.com