Terms of Service (Winthrex Digital)

Effective Date: [January 15, 2026]
Last Updated: [January 15, 2026]

These Terms of Service (“Terms”) govern your access to and use of the Winthrex Digital website, forms, and any related online features or communications (collectively, the “Site”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

Important: If you become a paying client of Winthrex Digital, your signed Service Agreement, Statement of Work, or other written contract with us will govern the services we deliver. If there is a conflict between those agreements and these Terms, the written client agreement controls.

1) Who We Are

“Winthrex Digital,” “we,” “our,” or “us” refers to Winthrex Digital.

2) Changes to These Terms

We may update these Terms from time to time. Changes are effective when posted on the Site, unless stated otherwise. Your continued use of the Site after changes means you accept the updated Terms.

3) Privacy

Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and share information (including through forms, automations, and analytics/advertising tools). By using the Site, you consent to our collection and use of information as described in the Privacy Policy.

4) Eligibility

You must be at least 18 years old (or the age of majority where you live) to use the Site. By using the Site, you represent that you meet this requirement.

5) Permitted Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. You will not:

Use the Site in a way that violates any law or regulation

Attempt to gain unauthorized access to the Site, accounts, systems, or networks

Interfere with the Site’s operation (including through scraping, bots, malware, or attacks)

Upload or submit malicious code, harmful data, or anything designed to disrupt the Site

Misrepresent your identity, submit false information, or impersonate others

Use the Site to send spam or unsolicited communications

We may suspend or restrict access if we believe you are misusing the Site.

6) Submissions, Forms, and User Content

When you submit information through our forms, chat widgets, scheduling tools, or other Site features (including name, phone number, email, business details, and messages), you agree that:

The information you submit is accurate to the best of your knowledge

You have the right to share it (including any third-party details you provide)

We may use it to respond to your inquiry, provide requested information, and communicate about services, consistent with our Privacy Policy

Testimonials / Reviews / Media: If you voluntarily provide testimonials, reviews, logos, images, or other materials, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and publish them for legitimate business purposes (e.g., case studies, portfolio, marketing), unless you explicitly revoke permission in writing.

7) SMS and Email Communication Consent

By submitting a contact form, requesting information, scheduling a call, or otherwise interacting with us through the Site, you consent to receive communications from Winthrex Digital by email and/or SMS/text message for informational, scheduling, and marketing purposes (where permitted by law).

Opt-out: You can opt out of SMS at any time by replying STOP. You can unsubscribe from marketing emails via the unsubscribe link (if included) or by contacting us.

Carrier notices: Message and data rates may apply. Message frequency varies. Carriers are not liable for delayed or undelivered messages.

Your responsibility: You represent that the phone number you provide belongs to you or that you are authorized to provide it.

8) Third-Party Services and Links

We may use third-party tools to operate, analyze, and improve our Site and communications. These may include (for example):

Analytics tools (e.g., Google Analytics)

Advertising platforms (e.g., Google Ads, Meta Ads)

CRM and automation tools (e.g., GoHighLevel)

Scheduling tools (e.g., Calendly or similar booking tools)

Your use of third-party services may be governed by their own terms and privacy policies. We are not responsible for third-party websites, platforms, outages, policy changes, or actions.

9) No Guarantee of Results

Marketing performance and business outcomes depend on many factors outside our control (market conditions, competition, budget, offer quality, sales operations, website performance, seasonality, and platform policies, among others). We do not guarantee specific results (including leads, revenue, rankings, or ROI) from your use of the Site or any information you receive through it.

10) Intellectual Property

All content on the Site—such as text, graphics, logos, icons, designs, videos, and other materials—is owned by Winthrex Digital or licensed to us and is protected by intellectual property laws.

You may not copy, modify, reproduce, distribute, or create derivative works from Site content without our prior written permission, except for normal viewing and personal/business reference use.

11) Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

The Site will be uninterrupted, secure, or error-free

Any information provided through the Site is complete, accurate, or up to date

Any defects will be corrected immediately

12) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINTHREX DIGITAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE.

IN ALL CASES, OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU PAID US (IF ANY) TO ACCESS THE SITE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

13) Indemnification

You agree to defend, indemnify, and hold harmless Winthrex Digital and its owners, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to:

Your use of the Site

Your violation of these Terms

Your submission of content or information that infringes or violates third-party rights

Your unlawful conduct

14) Termination

We may suspend or terminate your access to the Site at any time if we believe you violated these Terms, misused the Site, or created risk for us or others. Sections that should naturally survive termination (e.g., Intellectual Property, Disclaimers, Limitation of Liability, Indemnification) will survive.

15) Governing Law and Venue

These Terms are governed by the laws of [State of Illinois], without regard to conflict-of-law principles. You agree that any dispute arising out of or related to these Terms or the Site will be brought in the state or federal courts located in [County/City, Illinois], and you consent to their jurisdiction.

Replace the bracketed items above if you prefer a different state/county.

16) Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

17) Entire Agreement

These Terms (together with the Privacy Policy and any posted notices) constitute the entire agreement between you and Winthrex Digital regarding your use of the Site, unless you have a separate signed client agreement with us.

18) Contact Us

If you have questions about these Terms, contact:

Sebastian Espinoza
Email: [email protected]
Website: winthrex.com

Business Address: 25545 W Old Grass Lake Rd, Antioch IL 60002