Last updated: 2026-05-18
These Terms of Service ("Terms") govern your access to and use of the website at winacontract.com (the "Site") and any related services, including the WinAContract pre-launch waitlist and Founding Member program (collectively, the "Services") provided by eSourcing Data Ltd. Please read these Terms carefully. By using the Site, joining the waitlist, or purchasing a Founding Member membership, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing the Site, submitting any information through the Site (including a waitlist registration), or completing a purchase of a Founding Member membership, you confirm that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" and "your" refers to that entity.
2. About Us
The Services are operated by eSourcing Data Ltd, a private limited company incorporated in England and Wales (Company Number 15234891), with its registered office in the United Kingdom ("we", "us", "our"). You can contact us at info@winacontract.com.
3. Description of the Services
The Site presently operates as a pre-launch marketing and waitlist page for a U.S. government contract intelligence and AI bid-writing platform under the WinAContract brand (the "Platform"), and as the storefront for the Founding Member program described in Section 4. The Platform itself is in active development and is scheduled to launch in Q3 2026 (the "US Launch Date"). The US Launch Date is defined as the first date on which a paying customer can access the production Platform. Until the US Launch Date, the Platform does not exist as a live, generally available service, and any descriptions of features, coverage, integrations, or performance characteristics on the Site or in marketing materials are aspirational and forward-looking. The full software-as-a-service relationship will, at launch, be governed by the WinAContract SaaS Subscription Agreement, which will supplement (but not replace) Sections 4 and 6 of these Terms with respect to Founding Members.
4. Founding Member Membership
The Founding Member program offers, to the first 200 purchasers, a one-time payment of $999 (USD) in exchange for: (a) a credit equal to year 1 of a Professional tier license, which activates on the US Launch Date; and (b) a contractual right to a lifetime fifty percent (50%) discount off the then-current list price of the WinAContract Professional tier, applied each renewal year from year 2 onward, for so long as the Platform is offered (the "Founding Membership").
The Founding Membership additionally includes the non-monetary benefits advertised on the founding-members page at time of purchase (e.g., founder strategy calls during year 1, a direct product Slack channel, beta access, priority feature voting, listing on the public Founding 200 wall). These non-monetary benefits are provided on commercially reasonable efforts; we may modify their exact delivery (for example, by substituting an equivalent communication channel for Slack) so long as the substance is preserved.
The Founding Membership is a contractual right to a discount and access to the Platform. It is not a security, equity interest, debt instrument, profit-sharing arrangement, revenue share, partnership interest, or investment of any kind. Founding Members acquire no ownership of, control over, or financial interest in eSourcing Data Ltd, and have no entitlement to dividends, distributions, voting rights, or proceeds on sale of the company beyond the contractual benefits set out in this Section 4 and Section 6.
The Founding Membership is personal to the purchasing entity but is transferable in connection with a bona fide sale, merger, restructure, rebrand, or other genuine business transition of that entity, on written notice to us and subject to our verification of the transferee.
5. Pricing and Payment
All Founding Member payments are made in U.S. dollars (USD), via Stripe, at the time of checkout. Prices are exclusive of applicable taxes, levies, or duties, which will be calculated and added at checkout where required by law. Payment is taken in full at the point of purchase; the Founding Membership becomes effective immediately, although the year-1 license credit only activates on the US Launch Date.
From the start of year 2 of each Founding Member's relationship (i.e., the first anniversary of the US Launch Date for that member), the lifetime 50%-off Professional tier rate becomes payable on an annual basis. We will provide each Founding Member with at least 30 days' written notice before the first such annual charge, including the calculated amount, the payment method on file, and instructions to update payment details or cancel. Founding Members may cancel the year-2-onward subscription at any time with effect from the next renewal date; cancellation terminates the right to access the Platform from the end of the paid term but does not entitle the Founding Member to a refund of fees already paid for any active subscription year, except as set out in Section 6.
If the Platform's list price for the Professional tier changes, the Founding Member's 50% rate continues to be calculated against the then-current list price. We will not introduce a separate "founding tier" with a different price ladder for the purpose of avoiding this discount.
6. Refund Policy
You may request a full refund of your $999 Founding Member payment, for any reason or no reason, at any time before the US Launch Date, by emailing info@winacontract.com with your order ID. We will process the refund within 14 calendar days of receipt to the original payment method.
From the US Launch Date forward, the $999 payment is non-refundable, having converted into the year-1 Professional tier license credit. Termination of your subscription, transfer of the Founding Membership, or non-use of the Platform does not entitle you to a refund of the $999. The lifetime 50%-off rate, however, remains attached to the Founding Membership and is transferable as set out in Section 4.
Founding Member payments received before the US Launch Date are held by us as ringfenced funds, segregated from operating capital, sufficient at all times to refund every Founding Member in full. If we fail to launch the Platform, wind down the business, or cease offering the Platform before the US Launch Date, every then-current Founding Member is entitled to a full refund from those ringfenced funds. This commitment is a binding contractual obligation.
7. Beta and Pre-Launch Acknowledgments
You acknowledge and agree that, at the time of your Founding Member purchase, the Platform is in pre-launch development and does not yet exist as a generally available service. Feature descriptions, coverage lists, integration claims, performance metrics, and timelines on the Site are forward-looking aspirations and may change before the US Launch Date. We make no service-level commitment, uptime guarantee, or warranty of any kind in respect of pre-launch beta access. Beta access, where offered, is provided on an "AS IS" basis and may include incomplete features, defects, or interruptions; any feedback you provide may be used by us without restriction or compensation.
8. Acceptable Use
You may not, and may not permit any third party to: (a) scrape, crawl, harvest, or otherwise programmatically extract data from the Site or the Platform except via interfaces we expressly authorize; (b) reverse engineer, decompile, or disassemble any part of the Services; (c) resell, sublicense, rent, lease, or otherwise commercially exploit access to the Services without our prior written consent; (d) use the Services to build, train, or improve a competing product or service; (e) use the Services in violation of any applicable law, regulation, sanction regime, or third-party right, including without limitation U.S. federal procurement laws, the False Claims Act, or anti-corruption laws; (f) interfere with or attempt to compromise the integrity or security of the Services; or (g) use any automated means to access the Services in a manner that imposes an unreasonable load on our infrastructure.
9. Intellectual Property
As between you and us, all right, title, and interest in and to the Services, including all software, code, models, data compilations, content, designs, trademarks, and documentation, are and remain the exclusive property of eSourcing Data Ltd and its licensors. We grant you a limited, non-exclusive, non-transferable (except as expressly permitted in Section 4), revocable license to access and use the Services for your internal business purposes, subject to these Terms. No other rights are granted, whether by implication, estoppel, or otherwise. All rights not expressly granted are reserved.
10. User Content
You retain all right, title, and interest in any content you upload to or generate through the Services, including without limitation request-for-proposal (RFP) documents, bid drafts, capability statements, and pricing information ("User Content"). You grant us a worldwide, royalty-free, non-exclusive license to host, copy, transmit, display, and process your User Content solely as necessary to provide and improve the Services for you. We do not use User Content to train or fine-tune AI models without your explicit, opt-in consent.
You represent and warrant that you have all rights necessary to upload your User Content and that doing so does not violate any third-party right or applicable law.
11. Confidentiality
Each party (the "Recipient") agrees to maintain in confidence all non-public information of the other party (the "Discloser") that is marked confidential or that a reasonable person would understand to be confidential under the circumstances ("Confidential Information"), and not to use it except as necessary to exercise rights or perform obligations under these Terms. This obligation survives termination for five (5) years, except for trade secrets, which are protected for so long as they remain trade secrets under applicable law.
12. Disclaimers and Warranties
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF GOVERNMENT DATA SURFACED THROUGH THE SERVICES, AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND AS TO YOUR PROBABILITY OF WINNING ANY PARTICULAR CONTRACT, BID, RFP, OR PROCUREMENT. PROCUREMENT OUTCOMES DEPEND ON FACTORS OUTSIDE OUR CONTROL.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, IS CAPPED AT THE GREATER OF: (A) ONE HUNDRED POUNDS STERLING (£100); OR (B) THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing in these Terms limits or excludes liability for: (i) fraud or fraudulent misrepresentation; (ii) death or personal injury caused by our negligence; (iii) gross negligence or willful misconduct; or (iv) any other liability that cannot be limited or excluded under applicable law (including, where applicable, mandatory consumer law in your jurisdiction).
14. Indemnity
You agree to defend, indemnify, and hold harmless eSourcing Data Ltd and its officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your unlawful, unauthorized, or improper use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party right, including any intellectual property, privacy, or contractual right.
15. Termination
We may suspend or terminate your access to the Services immediately, without notice, if we believe in good faith that you have materially breached these Terms, including without limitation the Acceptable Use provisions in Section 8. You may stop using the Services and request a refund or cancellation in accordance with Section 6 at any time. Sections that by their nature should survive termination (including without limitation Sections 4 (Founding Membership transferability), 6 (refunds where pre-launch), 9–14, 17–21) survive termination.
16. Force Majeure
Neither party is liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including without limitation acts of God, war, terrorism, civil unrest, government action, pandemic, internet or telecommunications failure, cyber-attack on third-party infrastructure, or labor disputes. Refund obligations under Section 6 are not excused by force majeure.
17. Changes to These Terms
We may update these Terms from time to time. For non-material clarifications, the updated Terms take effect on posting to the Site. For material changes affecting active Founding Members or subscribers, we will provide at least thirty (30) days' advance notice by email to the address on file. Continued use of the Services following the effective date of the change constitutes acceptance of the updated Terms. If you do not accept a material change, your sole remedy is to cancel and (if applicable) request a refund under Section 6.
18. Governing Law and Jurisdiction
These Terms and any non-contractual obligations arising out of or in connection with them are governed by and construed in accordance with the laws of England and Wales, excluding conflict-of-laws principles. Subject to Section 18(b) below, the courts of England and Wales have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.
(b) U.S. consumers. If you are a consumer resident in the United States and a court of competent jurisdiction holds that the exclusive-jurisdiction clause in Section 18(a) is unenforceable as to you, then any dispute arising out of or relating to these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, before a single arbitrator, in the U.S. state where you reside. Judgment on the award may be entered in any court of competent jurisdiction. This arbitration agreement does not preclude either party from seeking provisional or injunctive relief in court to protect intellectual property or confidential information.
19. Class Action Waiver
To the maximum extent permitted by law, you agree that any dispute resolution under Section 18 shall proceed solely on an individual basis, and not as a class action, collective action, mass action, or representative action. You and we expressly waive any right to bring or participate in any class or representative proceeding. If a court or arbitrator finds this class-action waiver unenforceable as to any particular claim or remedy, that claim or remedy (and only that claim or remedy) shall be severed and proceed in court; the remainder of the dispute shall remain in arbitration on an individual basis.
20. Miscellaneous
(a) Entire Agreement. These Terms (together with the Privacy Policy and Refund Policy, and at and after the US Launch Date, the SaaS Subscription Agreement) constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous agreements and understandings.
(b) Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited to the minimum extent necessary and the remaining provisions will remain in full force.
(c) No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
(d) Assignment. You may not assign these Terms without our prior written consent, except as expressly permitted in Section 4. We may assign these Terms in connection with a merger, acquisition, restructuring, or sale of all or substantially all of our assets.
(e) No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights, and the Contracts (Rights of Third Parties) Act 1999 does not apply.
(f) Electronic Signatures and Notices. You consent to receive communications and notices from us electronically. Our checkout flow and your click on a "Reserve" or equivalent button constitute your electronic signature and acceptance of these Terms.
21. Contact
Questions about these Terms? Email us at info@winacontract.com. See also our Privacy Policy and Refund Policy.