The terms that govern your access to and use of Winnowfield, its applications, and APIs.
These Terms of Service ("Terms") govern your access to and use of Winnowfield (the "Service"), operated by Tru Performance ("Winnowfield," "we," "us," or "our"), available at winnowfield.ai and its associated applications and APIs.
By accessing or using the Service, creating an account, or joining a Workspace, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and "you" refers to that organization. If you do not agree, do not use the Service.
Winnowfield is a business-to-business (B2B) go-to-market and sales-outreach platform. It enables Users to identify target accounts and buyers, research and score prospects, generate and personalize outreach with AI assistance, connect their own sending mailboxes, and build, schedule, and send email campaigns from those mailboxes. The Service includes related features such as contact and list management, sender profiles, workspace collaboration with roles, a programmatic API and Model Context Protocol (MCP) integration, and optional enrichment and CRM sync. Features available to you may depend on your plan and configuration, and may change over time.
The Service is organized into Workspaces. Access within a Workspace is governed by roles:
A platform-level super-administrator role exists solely for operating and supporting the Service and is not available through ordinary Workspace roles.
The Workspace Owner and Admins are responsible for managing membership and for activity performed within the Workspace. You are responsible for the actions of Users in your Workspace and for ensuring that team members use the Service in accordance with these Terms. Campaign records may be private to their creator, shared with specific members, or visible to the whole Workspace, according to the settings chosen.
The Service offers tiered plans (for example, Starter, Pro, and Enterprise) that gate certain features, model tiers, and usage allowances (such as monthly reveal limits and enrichment spend ceilings). Plan gates are enforced within the Service.
Automated in-application payment processing is not part of the Service as currently implemented; paid plan arrangements, pricing, invoicing, and payment terms are handled separately (for example, by contacting us). We do not represent any specific pricing, billing cycle, or refund terms in these Terms; any such terms will be established in a separate order or agreement. Where the Service references credits or spend allowances, these are usage controls, not a statement of monetary billing terms.
Winnowfield lets you create and send automated and scheduled email campaigns from your own connected mailboxes. You are solely responsible for your outreach, including:
The Service provides tools that can help — such as one-click unsubscribe handling, suppression lists, sending throttles, and grounding checks — but Winnowfield does not guarantee that your use of the Service is compliant with any law, and does not act as your compliance authority. You must not use the Service to send unlawful, deceptive, or unsolicited bulk communications in violation of applicable law.
When you connect a Google, Microsoft, SMTP, or other supported mailbox, or a CRM such as HubSpot, you represent that you are authorized to connect and use that account and to grant the access requested. You are responsible for compliance with the connected provider's terms. The Service uses the access you grant to send email, read replies for campaign management, and perform the syncs you request (see the Privacy Policy for details). We do not claim ownership of your external accounts, and you may disconnect them at any time. You are responsible for the mailboxes you choose to send from and for the deliverability and reputation consequences of your sending.
You agree not to, and not to permit anyone to:
We may investigate suspected violations and take appropriate action, including the measures described in Section 14.
"User Content" means the campaigns, messages, contacts, lists, knowledge, configuration, and other content you or your Users provide to or create in the Service.
The Service includes AI-assisted features that generate content and insights (for example, research briefs, segments, drafts, and assistant suggestions), using an AI gateway that may route to third-party model providers.
The Service integrates with third-party services (for example, authentication, data storage, AI, B2B data and web research, email delivery, connected mailboxes, and CRM). Your use of those integrations may be subject to the third parties' own terms and privacy policies, and we are not responsible for third-party services. Availability of any integration may change.
We provide a programmatic REST API and a Model Context Protocol (MCP) interface, authenticated with API keys or an OAuth-issued token. Each key is scoped to a single Workspace. You are responsible for safeguarding keys and tokens, for all activity performed with them, and for using these interfaces within any applicable rate limits and only for authorized purposes. Certain sensitive operations (such as launching sends) are subject to approval controls; you remain responsible for all communications initiated via the API or MCP.
The Service, including its software, user interface, design, branding, name, logos, and documentation, is owned by Tru Performance and its licensors and is protected by intellectual-property laws. Except for the rights expressly granted to you to use the Service, we reserve all rights. You may not use our branding or trademarks without our prior written permission. You retain rights in your User Content as described in Section 9.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT AI-GENERATED OUTPUTS, ENRICHMENT DATA, DELIVERABILITY, OR RESEARCH RESULTS WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOU ARE RESPONSIBLE FOR YOUR USE OF THE SERVICE AND FOR YOUR OUTREACH.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WINNOWFIELD, TRU PERFORMANCE, OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED [Liability Cap — e.g. the amounts you paid to us for the Service in the [12] months preceding the claim, or a specified amount]. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You will defend, indemnify, and hold harmless Winnowfield, Tru Performance, and its affiliates and their respective personnel from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your User Content and the recipient data you process; (b) your outreach and campaigns, including any violation of anti-spam, marketing, or data-protection laws; (c) your use or misuse of the Service, including connected accounts and API/MCP access; or (d) your violation of these Terms or applicable law.
These Terms are governed by the laws of [Governing Law / Jurisdiction], without regard to conflict-of-laws principles, and the parties submit to the exclusive jurisdiction of the courts located in [Governing Law / Jurisdiction], except where applicable law provides otherwise. The specific governing law, venue, and any dispute-resolution or arbitration terms must be confirmed during legal review.
We may update these Terms from time to time. When we make material changes, we will update the Effective Date above and, where appropriate, provide additional notice. Your continued use of the Service after an update becomes effective constitutes acceptance of the revised Terms.