General Provisions

Terms of Use and Agreement
This Terms of Use Agreement ("Agreement") governs your access to and use of the Windfalls website and application ("Service"), provided by EAI Solutions Inc. ("we", "us", or "our"). This Agreement includes any associated content, technology, and applications offered by Windfalls and outlines the legal obligations between you and Windfalls.
The Service is exclusively available for users within the United States and is subject to United States law. The term "Service" encompasses the Windfalls website, any associated pages, applications, technologies, or any other services offered by Windfalls that link to this Agreement.
By registering, accessing, or using the Service, you accept and agree to be bound by this Agreement, which may be updated periodically (refer to "Modifications to Services and Agreement" section). If you disagree with any part of this Agreement, you should discontinue use of the Service immediately.
Acceptance of Terms
Please review this Agreement carefully, particularly the section on arbitration, as it affects your legal rights, including your right to file a lawsuit in court.
Important Legal Rights
By engaging with the Service provided by Windfalls, including browsing the website or registering as a member, you are bound by this Agreement. "User" refers to both visitors and registered members. Windfalls is referred to as "we" or "us". To use the Service, acknowledge this Agreement during the sign-up process.
You must be at least 18 years old or of legal contractual age in your jurisdiction to use the Service. Accepting this Agreement implies that you are legally capable of entering into binding contracts. If acting on behalf of an entity, you confirm having the authority to bind that entity. It is recommended to keep a copy of this Agreement for your records.
Privacy and Personal Information
Your personal information will be processed as described in the Windfalls Privacy Policy. We are committed to protecting your privacy and handling your data in accordance with legal requirements and our Privacy Policy.

Services Description and Fees

Service Overview
Windfalls is dedicated to helping you manage and reduce your recurring expenses by negotiating with providers of various services, including but not limited to telecommunications, internet, TV services, fitness memberships, and home security companies ("Providers"). Our services encompass bill reduction negotiations and subscription cancellations, aimed at lowering the monthly charges you incur from these Providers. Additionally, we offer related services to assist you in saving money on these recurring expenses. We reserve the exclusive right to modify or discontinue any service based on our discretion.
Bill Reduction and Subscription Cancellation
You have the option to authorize Windfalls to negotiate on your behalf for a reduction in your bills ("Bill Reduction") or to cancel certain subscriptions or memberships ("Subscription Cancellation") with Providers. Our goal through these negotiations is to achieve a noticeable decrease in your monthly expenses for services provided by these Providers.
Fees for Service
Windfalls operates on a performance-based fee structure. Our compensation is directly tied to the savings we successfully negotiate on your behalf. If we are able to reduce your bills, our fee will be calculated as a percentage of the total savings achieved for the first year of the reduced rate. This approach ensures our service is risk-free for you: if you don't save, you don't pay. The exact percentage and payment details will be clearly outlined after any successful negotiation, ensuring transparency and alignment of interests between you and Windfalls.

Account Information from Third-Party Services

Accessing Third-Party Account Information
As part of our services, Windfalls enables users to instruct us to gather their personal information maintained by third-party entities with whom the users have existing relationships, hold accounts, or perform financial transactions ("Account Information"). To facilitate this, Windfalls collaborates with various online service providers to access such Account Information. It is important to note that Windfalls does not review this Account Information for accuracy, legality, or for ensuring it does not infringe on any rights. The responsibility for the products and services provided by these third-party sites rests solely with the respective third-party entities.
Limitation of Liability for Third-Party Services
Windfalls acknowledges that there may be unforeseen technical or other challenges that could impact our ability to access data, potentially leading to data loss, inaccuracies, or interruptions in service. Such difficulties may affect the retrieval of data, maintenance of user settings, or result in the loss of personalization features or other disruptions.
Disclaimer
Windfalls disclaims any responsibility for ensuring the timeliness, accuracy, or preservation of any user data, communications, or customized settings. We are not liable for any issues related to the delivery, deletion, failure to store, or maintenance of any information or personal settings provided by or associated with third-party sites.

Your Authorization and Use of Services

Authorization for Bill Reduction and Subscription Cancellation
By enrolling in Windfalls' Bill Reduction or Subscription Cancellation services and providing your personal details, you grant us permission to negotiate with your service providers ("Providers") on your behalf. This authorization allows us to communicate with Providers, alter your account(s), and adjust or terminate the services/features you receive, in line with this Agreement. Specifically, for Bill Reduction services, you consent to any account modifications that achieve cost savings, provided these do not diminish the service quality or extend your contract terms without your consent. We may apply discounts or improve your service quality without further permission, as long as these actions reduce your bill. For any changes that might extend your contract or alter your service significantly, we'll seek your consent through verbal, SMS, or email communication. Post-service, be aware that Providers may restrict reverting to previous plans.
To ensure ongoing savings, you also authorize us to monitor rates and renew Bill Reduction efforts when current savings are due to expire, with the option to opt-out provided via email. Your explicit consent will be required for actions necessitating verbal confirmation or additional information as per Provider requirements. In certain cases, our agents may need to represent themselves as the account holder to execute services, which you consent to solely for service fulfilment.
You must possess the authority to make account changes and authorize us to do so on your behalf. If acting as an authorized representative, both you and the account holder assume joint liability for service fees. Unauthorized service requests will result in personal liability for incurred fees and damages, including indemnity obligations towards us for any resulting damages.
Conditions for Service Use
Your access to and use of Windfalls services is strictly individual and non-transferable. Services are intended for lawful use only. Maintaining accurate and current account information is crucial for service effectiveness. You affirm the legality and authorization to provide all information necessary for service usage.
Service interruptions may occur due to various factors, including equipment malfunctions and maintenance. Windfalls disclaims liability for losses due to service downtime. Your remedy for service dissatisfaction is limited to reasonable repair efforts by Windfalls.
Sneak Preview Features
Windfalls may offer early access to new features ("Sneak Preview") for testing and feedback purposes. Participation is voluntary, and these features are provided without commitment to permanency or support. Use of Sneak Preview features may prevent reverting to previous versions and result in data loss or corruption. Usage is at your own risk, acknowledging the experimental nature of these features.

Registration and Identity Verification

Registration and Identity Verification
To access Windfalls's services, signing up for an account is required. We take steps to verify your identity, which may include requesting additional information, such as your full address, Social Security number, and verification of email address or financial accounts. This process may involve credit checks or comparisons against third-party databases. Failure to provide necessary information or if we're unable to verify your identity, we reserve the right to deny service access.
Registration Information and Electronic Notices
Upon registering, your primary identifiers will be your cell number and email address. Authentication for service access involves a One-Time Password (OTP) sent to these details. By providing your contact information, you consent to receive electronic notices through email or direct links on our website, which are compatible with standard internet browsers. It's crucial to keep your registration information up-to-date to ensure you receive all communications.
Unauthorized Use and Security
Immediately report any unauthorized use of your account or security breaches to Windfalls at support@windfallsai.com. Our passwordless login system, which uses OTP sent to your registered contact, enhances security. Prompt notification is required if your registration or account information is compromised.
Provision of Your Information for Services
For Bill Reduction and Subscription Cancellation services, you must supply necessary information, including account holder details, contact information, Provider name, account number, and access credentials. Accuracy and completeness of the information you provide are essential, as it's used to negotiate with Providers and manage your services. We may refuse service based on the information you provide at our discretion.
Accuracy and Reliance on Your Information
You warrant that all information provided to us is accurate and complete. We rely on this information for negotiations and service provision, sharing it with agents, referral partners, and Providers as needed. Your personal information will be used in accordance with our Privacy Policy, ensuring confidentiality and appropriate use.
By engaging with Windfalls's services, you accept these terms, acknowledging the importance of accurate information provision and the security measures in place to protect your account. Prompt updates to your registration details and vigilant reporting of unauthorized access are vital to maintaining the integrity and effectiveness of the services provided.

Negotiated Savings and Payment Terms

Negotiated Savings Calculation
Windfalls calculates your savings ("Negotiated Savings") by comparing your new rate, obtained through negotiations with your Provider, against your current rate for the duration the new rate is effective. For monthly-billed services, Negotiated Savings equals the monthly reduction multiplied by the months of reduction, up to 24 months ("Savings Period"). We'll inform you about the negotiation outcome, including your new rate, Savings Period, and total Negotiated Savings. While we strive for successful negotiations, if no savings are achieved, no charge will apply.
The baseline for calculating savings will be the rate confirmed with the Provider, which might differ from your provided billing statement. Savings calculations exclude price increases post-negotiation due to one-time purchases, scheduled increases, product additions, or the expiration of unrelated discounts.
Payment for Services
If negotiations lead to savings, you'll owe a fee of 50% of the Negotiated Savings. For example, a $80 monthly reduction over 24 months results in $1920 savings, making the service fee $960. Subscription Cancellation Services incur a flat $8 fee per cancellation. Service fees are communicated upfront for any other services offered.
Billing and Payment Process
You're obligated to pay for all services rendered under this agreement. Notification of service completion and invoicing will be through email/SMS, detailing service fees and payment due dates. Payment methods will be indicated on the invoice, excluding checks or cash payments. Advance payment information collection and processing by a third party are part of our rights.
Payment Disputes and Responsibilities
For disputes or dissatisfaction, written communication is required for resolution attempts before any chargeback or claims. Failure to notify disputes within 30 days of invoice receipt will deem the invoice valid. You must also confirm that Negotiated Savings reflect on your next bill and report any discrepancies within 30 days of our invoice.
Cancellation and Adjustments
Service cancellation requests must be communicated before negotiation completion to avoid fees. In cases of service termination before the end of the Savings Period, you may request a pro-rata credit for unused services within 30 days post-cancellation.
Taxes and Additional Charges
All fees are exclusive of taxes and duties, which are your responsibility, except for taxes on our net income.
Bill Negotiation Service
For Bill Negotiation, accurate and complete information provision is crucial, including account details and billing statements. We act as your limited agent for negotiations, requiring your consent for representation if necessary. The Negotiation Fee is based on a percentage of the savings period and charged upon negotiation completion. This fee is non-refundable except for specific circumstances outlined by law.
Service Cancellation Credits
For service cancellations post-negotiation, written notification within 30 days allows for a pro-rata credit for the remaining service period. Documented proof of service termination is required for invoice adjustments.
General Service Terms
Negotiated savings typically appear within 1 to 2 billing cycles. Consent is given for service quality improvements that do not increase costs, with responsibility for all fees incurred through negotiations conducted via your Windfalls account.

Cancellation of Services and Agreement Termination

Service Cancellation by You
You have the right to cancel your service request by contacting Windfalls prior to the commencement of services. Given our commitment to begin negotiations quickly, we advise cancelling within 24 hours of your service request to avoid any charges. If you decide to cancel after service initiation but before completion, you may be responsible for covering reasonable costs incurred by Windfalls up to the point of cancellation.
Platform Access and Service Requests
Windfalls reserves the right to restrict or terminate your access to the platform, content, or any features at any time. We may also refuse service requests or cease ongoing services at our discretion without obligation.
Terminating the Agreement
You can terminate this agreement at any time without needing a specific reason. Termination requires ceasing all platform use and, if applicable, cancelling any pending services. Written notice of termination should be sent to Windfalls's provided address. Upon termination, all outstanding fees for services rendered become immediately due. Windfalls may also terminate the agreement at any time, discontinuing services without penalty and seeking all available remedies for any breach of agreement by you.
Survival of Provisions
Certain sections of this agreement will remain in effect post-termination, including but not limited to obligations, authorizations, payment terms, and liability clauses, ensuring ongoing compliance with respective terms.
Ending Your Relationship with Windfalls
To terminate your Windfalls account, you may follow these steps:
  • Log in to your GetWindfalls.com account
  • Navigate to “Manage account” and select “Delete Account” under “Danger”
  • Follow the prompts to confirm deletion.
Your account will be closed, and login deactivated immediately, with data removal within 48 hours.
Windfalls’s Right to Terminate
Windfalls reserves the right to suspend or terminate your account and legal agreement at any time for any reason, including but not limited to breaches of the agreement, legal requirements, or service unlawfulness. Suspension or termination will lead to immediate account deactivation and removal of related data, with Windfalls not liable for any consequences faced by you or any third party.

Platform and Social Media Conduct and Content Guidelines

Engagement on Social Media Platforms
Windfalls encourages interactive engagement on various social media platforms and manages specific social media accounts. While we reserve the right to monitor and manage the content on these platforms, we do not commit to doing so and are not responsible for the content posted by users. We may, at our discretion, remove or refuse content on our managed social media accounts. Content shared by users, including pictures, comments, and personal information, is governed by the terms and conditions and privacy policies of the respective social media platforms.
Content Usage Rights
Any content you share outside of personal data protected under our Privacy Policy, when transmitted or posted on our Platform or managed social media accounts, is considered non-confidential. You grant Windfalls a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, publish, and distribute such content globally in any media for commercial and non-commercial purposes. By sharing content, you affirm ownership or the necessary rights and permissions to authorize us to use the content as outlined.
Prohibited Content and Conduct
You agree not to engage in posting or transmitting to the Platform or our managed social media accounts any material that is:
  • Threatening, abusive, racist, defamatory, obscene, pornographic, discriminatory, likely to incite hate or dangerous actions, violates privacy, or is otherwise inappropriate.
  • Illegal to use, including content that encourages criminal offenses or civil liability.
  • Harmful to the Platform, our systems, or other users' systems, such as malware or data-corrupting elements.
Access and Interference Restrictions
You are prohibited from:
  • Employing robots, spiders, scrapers, or other automated means to access or collect data from the Services without our explicit consent.
  • Using unauthorized tools or mechanisms to navigate or search the Services, bypassing the search engines and agents provided through the
Services and generally available web browsers.
  • Uploading or transmitting files that contain harmful content or disrupt the Services' proper functioning.
  • Attempting to reverse engineer any part of the Services.
Social Media Site Interactions
Windfalls's involvement on social media platforms facilitates sharing and collaboration among registered users. Content you post is subject to the governing policies of these platforms. We encourage reviewing these policies to fully understand your rights and obligations regarding shared content.

Platform Use and Intellectual Property Guidelines

Limited License for Platform Use
You are granted a personal, limited, non-exclusive, and revocable license to access and make non-commercial use of the Windfalls platform, subject to specific conditions. This license is contingent on your acknowledgment that:
  • All intellectual property on the platform is owned or licensed by Windfalls or third parties, and this license does not transfer any ownership or rights to you.
  • You are prohibited from reproducing, selling, modifying, or distributing any platform content without express written permission, except for personal non-commercial use.
  • Attempts to bypass security measures, interfere with the platform's operations, or engage in data mining or reverse engineering are strictly forbidden.
  • Altering content or using hidden text to enclose intellectual property without permission is not allowed.
  • Your access is confined to the scope authorized by Windfalls, prohibiting any unauthorized commercial exploitation of the platform.
Account Confidentiality
You are responsible for maintaining the confidentiality of your account and password, agreeing to be accountable for all activities conducted under your account. Use of another's account without permission is prohibited.
Geographical Restrictions
The platform is designed for use within the United States, and accessing the services from jurisdictions that do not recognize these terms is unauthorized.
Cross-Device Accessibility
Windfalls's services are accessible across various devices, enabling bill management and service access anytime, provided you have compatible software and internet/network access. You are responsible for ensuring device compatibility and managing any associated costs with internet or network access, including adhering to the terms with your service providers.
Disclaimer on Telecommunication Services
Windfalls does not guarantee uninterrupted service access and is not liable for any telecommunications service issues, including data loss or security breaches.
Intellectual Property Rights
The content, appearance, and design of the Windfalls services are protected under copyright, trademark, and other laws, and are owned or licensed to Windfalls. Use of third-party trademarks is for identification purposes only and does not imply affiliation with Windfalls. You are granted the right to use the services for personal, internal, and non-commercial purposes only, with any other use requiring our express written consent.

Dispute Resolution and Arbitration Agreement

Initiating Dispute Resolution
  • Parties agree to attempt to resolve any disputes arising from this Agreement, including but not limited to breaches, interpretations, and performance issues, through direct negotiation within 60 days of written notice.
  • If negotiations fail, the dispute will proceed to binding arbitration under the American Arbitration Association (AAA) rules, modified as outlined in this Agreement.
Arbitration Process
  • Arbitration replaces the right to go to court and includes a waiver of any right to a jury trial.
  • Arbitrations will be based on written submissions unless a party requests an in-person, telephonic, or online arbitration.
  • For disputes under $5,000, arbitration occurs in the claimant's county; disputes over $5,000 will be arbitrated in Delaware.
  • The arbitration panel will consist of one arbitrator for disputes under $1,000,000 and three arbitrators for disputes over this amount.
Class Action and Jury Trial Waivers
  • Parties waive the right to participate in class actions, representative proceedings, or class arbitrations.
  • All disputes must be brought in an individual capacity, and the arbitration cannot combine claims or preside over any form of class or collective proceedings.
  • The agreement explicitly prohibits jury trials for any dispute arising under this Agreement.
Enforcement and Confidentiality
  • Arbitration outcomes are final, binding, and enforceable in any court with jurisdiction.
  • The arbitration process is confidential, barring disclosure except as required by law or for enforcing the award.
Right to Small Claims Court
  • Parties retain the right to pursue claims in small claims court if the dispute qualifies, notwithstanding the arbitration agreement.
Limitations and Waivers
  • The Class Action Waiver and Jury Trial Waiver are fundamental to the arbitration agreement and are non-severable. If found unenforceable, the entire arbitration agreement is void.
  • Claims must be filed within one year of the cause of action, except as allowed by law.

Disclaimer of Representations and Warranties

General Disclaimer
  • Windfalls provides its sites, services, and content on an "as-is" and "as available" basis without any warranties, express, implied, or statutory.
  • No warranties are made regarding the accuracy, reliability, completeness of the content, or the services' fitness for a particular purpose.
  • Windfalls and its suppliers expressly disclaim any warranties of non-infringement.
Liability and Risk
  • Windfall's total liability for any claims arising from or related to the service or agreement is capped at the total amount paid by the user, not exceeding $500.
  • Neither Windfalls nor its suppliers will be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or data.

Modifications to Services and Agreement

Service Changes and Discontinuation
Windfalls retains the authority to adjust or cease its Sites and Services at any discretion, with or without prior notice to users. This includes alterations to service features and associated fees. Windfalls will endeavor to notify paying Users of significant changes in a timely manner. If modifications are not acceptable to you, you have the option to discontinue using the Services. Continuation of use after such changes implies your acceptance and consent to the modifications. Windfalls is not accountable for any impact these changes may have on you or any third party due to service modification, suspension, or discontinuation.
Amendments to This Agreement
This Agreement is subject to updates and changes by Windfalls. Notifications of such amendments may be delivered electronically, via email, the application, or by posting updates on the Sites. The Agreement will highlight the date of the most recent update. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes. It's important to regularly review this Agreement to stay informed of your obligations and rights under the current terms.
By engaging with Windfalls's Services post-modification, you acknowledge and agree to be bound by the revised terms, ensuring a mutual understanding of the evolving nature of the services and the governing agreement.

Google User Data

Google Account Integration and Data Access
Windfalls may access certain Google user data through integration with your Google Account, specifically accessing Gmail messages related to bills and subscriptions. This data is utilized solely for the purpose of identifying and analyzing recurring expenses, negotiating better rates, and managing your subscriptions more effectively. Google Workspace APIs are not used to develop, improve, or train generalized AI and/or ML models.
Data Protection and Security
We employ robust security measures to safeguard your Google user data, including industry-standard encryption for data in transit and at rest, secure server infrastructure, and regular security audits. These measures align with our commitment to maintaining the confidentiality and integrity of your personal information, as outlined in Section 5 of this Agreement.
Data Retention and Deletion
Google user data is retained for the duration of your active account with Windfalls. You may request deletion of your data by following the account deletion process described in Section 7 of this Agreement. Upon receiving a deletion request, we will remove all Google user data associated with your account within 48 hours, in accordance with our data handling practices.
Data Sharing
Windfalls does not share Google user data with third parties, except as necessary to provide our services or as required by law. When third-party service providers are engaged, they are bound by strict confidentiality agreements and adhere to data protection standards consistent with this Agreement and our Privacy Policy.
User Control
You retain control over the permissions granted to Windfalls through your Google account. You may review or modify these permissions at any time by visiting your Google Account settings at Google Account Permissions. We encourage you to review these settings regularly to ensure they align with your preferences.
By using Windfalls's services in conjunction with your Google account, you acknowledge and agree to the data practices outlined in this section, in addition to the terms set forth in the rest of this Agreement.

Our Contact Information

For Inquiries and Notices
  • Email: You can reach us for any queries or provide written notices as required by this Agreement at support@windfallsai.com
  • Postal Mail: Correspondence can also be sent to us via USPS at the following address: 12 E 49th St, New York, NY 10017
Customer Support
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