Terms and Conditions

WinFact Terms and Conditions

Last Updated: 5/23/25

WinFact, LLC (“we, us, our, ours, etc.”) is the owner and operator of www.winfactpicks.com and any affiliated websites and related mobile versions and all services provided thereon (“WinFact”). We are the owner or licensee of all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, content, information, or materials on WinFact (“Materials”).

These Terms and Conditions constitute a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to your access to and use of WinFact. By accessing or using WinFact, you accept and agree to our website policies, including these Terms and Conditions, and you certify to us that (a) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (b) you have the legal capacity to enter into and agree to these Terms and Conditions, (c) you are using WinFact freely, voluntarily, willingly, and for your own personal enjoyment, and (d) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness.

We reserve the right to revise these Terms and Conditions at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms and Conditions, we will change the “Last Updated” date at the top of these Terms and Conditions. You agree to re-visit this page on a frequent basis, and to use the “Refresh” or “Clear Cache” function on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms and Conditions, then you may presume that nothing in these Terms and Conditions has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms and Conditions in their entirety. You must agree to any updated Terms and Conditions or immediately cease use of WinFact. If you fail to review these Terms and Conditions as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights.

We are not a gambling service, we do not take or place illegal bets, and we do not recommend or encourage illegal gambling. Instead, we offer data-driven information and expert opinions about sporting events and sports betting. You understand that the insights and recommendations provided on WinFact (i) are based on machine learning models and the analysis of professional sports bettors, (ii) are not statements of fact or guarantees, and (iii) do not reflect the opinions of WinFact, LLC or its owners or operators. Further, you acknowledge that the opinions of our experts may differ from each other.

Gambling, whether in-person or online, is not legal in all areas. If you seek information regarding any illegal activity, you must leave WinFact immediately. You agree not to use WinFact if doing so would violate the laws of your state, province, or country. Please consult with your local authorities or legal advisors before participating in online gaming of any kind. It is your sole and absolute responsibility to comply with all applicable laws, and you assume all risk in using WinFact. Nothing published on WinFact shall be construed as legal advice on any issue. You assume all risk and responsibility for your access to and use of WinFact. We bear no responsibility for your access to or use of WinFact in connection with gambling activities, and we do not condone illegal gambling. You understand and agree that WinFact is for entertainment and informational purposes only. You specifically agree to hold WinFact harmless from any claims arising from your use of information found on WinFact for gambling purposes. We make no guarantee that WinFact is legal in your jurisdiction.

1. Accounts

1.1. Registration

All users may register for a single account on WinFact, provided they meet the requirements set forth herein and otherwise abide by these Terms and Conditions. To purchase a package of sports betting selections ("Package"), a valid payment method must also be provided.

1.2. Accuracy

If you fail to provide the required information, or if we reasonably believe you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information, or fail to promptly update your information to maintain its accuracy and completeness, we may reject, suspend, or terminate your account and pursue legal action. Acceptance of registration is at our sole discretion. We may require additional information to verify your identity and the accuracy of your details. You understand and agree that we do not sponsor or endorse any user.

1.3. No Account Sharing

You may not use or attempt to access another user's account, nor share your login credentials with others. You are solely responsible for safeguarding your credentials. We are not liable for any loss resulting from unauthorized access. You will be held accountable for any losses or damages resulting from unauthorized use of your account.

1.4. Termination by You

To terminate services and delete your account, contact us at winfactpicks@gmail.com. You may not assign, transfer, sell, or share your WinFact membership. Any such action will result in joint and several liability for all associated fees.

1.5. Termination by Us

We may suspend or terminate your account, membership, and any associated licenses at any time and for any reason, including violations of these Terms or account inactivity exceeding six months. All outstanding charges remain your responsibility upon termination. We are not obligated to retain account information post-termination and may delete such data at our discretion.

2. Grant of Rights

2.1. Materials

Access to WinFact includes only the use of our platform and its Materials as made available. You are responsible for internet access and any associated costs. All users are granted a limited, nonexclusive, revocable, nontransferable license to use free content for personal, non-commercial purposes. Purchase of a Package extends this license to include paid Materials as per your purchase. Redistribution or unauthorized use of Materials is strictly prohibited.

3. Acceptable Use Policy

3.1 Prohibited Uses for All Users

You agree to use WinFact only as permitted by these Terms and all applicable laws. Without express written consent, you will not:

Use WinFact for unlawful purposes, including illegal gambling.
Violate intellectual property rights.
Engage in defamation, libel, or the distribution of obscene content.
Infringe on privacy, publicity, or data protection rights.
Distribute or disclose Package content to third parties.
Use content for illegal purposes.
Disobey legal directives or court mandates.
Misrepresent association with WinFact.
Impersonate others or commit fraud.
Interfere with site functionality or user experience.
Upload malicious code or software.
Reverse engineer or decompile any site component.
Use automated tools to extract site data.
Modify, adapt, or replicate the site.
Overburden our systems.
Attempt or facilitate any of the above activities.

Violations may result in immediate account suspension or termination, and we may pursue all available legal remedies.

4. Law Enforcement

We will cooperate with lawful requests from authorities to identify users involved in legal violations. You agree to cover any legal costs we incur in compliance with such requests.

5. Billing

5.1. Purchases

By providing valid payment information, you may purchase Packages and other features. Prices are clearly displayed and subject to change. Past discounts may be withdrawn without notice. By purchasing, you consent to receiving email updates, including betting content unsuitable for minors. This consent remains until you unsubscribe. Packages may not offer daily picks. A day without picks still counts toward your subscription.

You are responsible for all charges related to your account. Payment is due immediately upon termination. You acknowledge that billing may appear under various names related to our company or payment processor.

5.2. Guarantees and Refunds

Packages and features are non-refundable. Some may include guarantees displayed at the time of purchase. A “guaranteed win” offer entitles you to a free upgrade on your next purchase if no winning picks are delivered. WinFact does not reimburse gambling losses under any circumstance.

5.3. Third-Party Payment Processing

We utilize various third-party payment processors and gateways, and reserve the right to add others at our discretion to manage all transactions with WinFact. These third parties may enforce their own terms, which you are responsible for complying with. We are not liable for any violations of such terms by you.

5.4. Changes to Your Payment Information
You agree to promptly update your payment information (including credit/debit card numbers, expiration dates, billing addresses, and bank account details) with our third-party payment processor. Maintaining accurate billing information is your sole responsibility. Any charges, penalties, or fees incurred by WinFact due to your failure to update this information—such as chargebacks, failed transactions, or bank fees—will be charged to you. We reserve the right to suspend or terminate your access to our services until such fees are resolved.

5.5. Chargebacks
Initiating a chargeback without first contacting us at winfactpicks@gmail.com to resolve a dispute is a violation of these terms and may result in immediate termination of your account and future service bans. We take chargebacks seriously and treat them as a potential act of fraud. You agree to cooperate fully in resolving any billing disputes in good faith before initiating any chargeback through your bank or card issuer. Repeated or bad-faith chargebacks may be pursued legally.

5.6. Changes to Billing Methods
We reserve the right to modify our pricing structure, payment methods, and billing procedures at any time, with or without notice. This may include changes such as adding new fees, adjusting existing subscription rates, or changing accepted payment methods. Any such changes will apply going forward from the date of implementation. Continued use of WinFact services after a billing update constitutes your acceptance of the new terms.

5.7. Refunds
All sales are final and nonrefundable. Due to the digital nature of our services and the real-time delivery of data-driven picks, refunds are not guaranteed and are issued solely at WinFact’s discretion. Any attempt to obtain a refund through fraudulent means (such as initiating a chargeback after receiving services) voids your eligibility for a refund altogether. If a refund is granted, it will be issued to the original payment method within a reasonable period of time.

5.8. Billing Errors
If you believe there has been a billing error, you must notify us within 30 calendar days of the charge date. Failure to do so will constitute a waiver of any right to dispute such charges, to the maximum extent permitted by law. This provision is in addition to and does not replace the terms imposed by our third-party payment processors, whose policies you also agree to follow. We are not liable for errors caused by third parties, banks, or other intermediaries.

5.9. Fraudulent Use of Credit Cards
Any instance of fraudulent payment activity—including the unauthorized use of a credit card or bank account—will be reported to law enforcement and may result in immediate account termination without notice. We will cooperate fully with financial institutions and legal authorities to prosecute cases of fraud. You are solely responsible for securing your payment credentials and for any unauthorized use of your payment methods.

6. Dispute Resolution and Damages

6.1. Governing Law and Venue

These Terms and your use of WinFact’s services are governed by the laws of the State of Florida and the United States of America, without regard to any conflicts of law principles. Any legal disputes, claims, or proceedings shall be exclusively brought in the courts located in Miami Dade County, Florida. You expressly agree to this jurisdiction and venue and waive any claim that such venue is inconvenient or improper.

7. Waivers

You waive any and all rights to participate in a class-action lawsuit, collective arbitration, or jury trial against WinFact. Any dispute must be resolved on an individual basis, and you agree not to combine your claim with others or seek relief on behalf of a group or class.

8. Injunctive Relief

If you breach these Terms—or threaten to do so—you acknowledge that such actions may cause irreparable harm to WinFact. Accordingly, we reserve the right to seek immediate injunctive or equitable relief (including temporary restraining orders or court injunctions), without the requirement to post a bond or prove actual damages, in addition to any other legal remedies available.

9. Additional Fees

In the event of your breach of these Terms or failure to fulfill payment obligations, you agree to reimburse us for all reasonable costs and expenses incurred, including but not limited to attorney’s fees, court costs, collection agency fees, and administrative expenses related to the enforcement of this agreement.

10. Disclaimers

10.1. No Warranties

WinFact and all related services, content, insights, data, tools, and picks are provided on an “as is,” “as available,” and “with all faults” basis. WinFact LLC makes no express or implied warranties or guarantees of any kind, including but not limited to warranties of accuracy, merchantability, fitness for a particular purpose, non-infringement, uptime, or reliability. We do not warrant that the Services will meet your expectations or produce any guaranteed results, financial or otherwise. Use of any data or content provided by WinFact is at your own discretion and risk.

10.2. Use at Your Own Risk

Your use of WinFact, including but not limited to reliance on statistical models, picks, or historical trends, is entirely at your own risk. While we implement security measures, we cannot and do not guarantee that the platform will be free from errors, bugs, viruses, or malicious code. You are solely responsible for any harm or loss resulting from your use of WinFact, including but not limited to financial losses, data loss, or system damage.

10.3. Third-Party Links

WinFact may provide access to third-party websites, tools, services, or content (collectively “Third-Party Resources”) solely as a convenience. These Third-Party Resources are not under our control, and we do not endorse, warrant, or assume any responsibility for their availability, content, privacy policies, practices, or accuracy. You acknowledge and agree that your interaction with any Third-Party Resource is at your own risk and governed by their terms.

10.4. Legal Violations

You agree not to use WinFact in violation of any applicable laws, regulations, or third-party rights. This includes, but is not limited to, laws related to gambling, data privacy, intellectual property, and consumer protection. Any use of the platform in breach of legal obligations is strictly prohibited and may result in immediate suspension or termination of your account. You further agree to indemnify and hold WinFact harmless from any claims, liabilities, damages, fines, or costs (including reasonable attorney’s fees) that arise from or relate to your violation of any laws or regulations in connection with your use of the platform.

10.5. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless WinFact LLC, its officers, directors, employees, affiliates, licensors, service providers, and agents, from and against any and all claims, actions, demands, liabilities, damages, judgments, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

your breach of these Terms;
your misuse or unauthorized use of the platform;
your violation of any applicable law or regulation; or
any content you submit, post, or share via WinFact.

11. Limitation of Liability

To the fullest extent permitted by applicable law, WinFact LLC, its owners, employees, contractors, affiliates, licensors, or agents (collectively, “WinFact”) shall not be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages (including but not limited to loss of profits, revenue, goodwill, data, or business opportunities) arising out of or in connection with your access to or use of the platform, any content provided therein, or your reliance on our sports betting picks, whether such damages were foreseeable or not, and even if we were advised of the possibility of such damages.

WinFact’s total cumulative liability for any and all claims relating to or arising from your use of the platform shall not exceed the greater of one hundred dollars ($100) or the total amount you paid to WinFact in subscription fees during the twelve (12) months immediately preceding the claim.

You acknowledge that all use of the platform, services, data, and picks is at your sole risk. You voluntarily assume all legal and financial risks associated with betting, wagering, and interpreting any of our content. You agree that WinFact shall not be liable for:

Poor performance of a pick
Missed opportunities due to platform outages
Misinterpretation of statistical data
Third-party manipulation of your account or data

You agree to release, waive, and hold harmless WinFact from any liability related to these and similar outcomes.

11.1. Exclusions of Liability Include:

Content Errors: Any inaccuracies, typographical mistakes, or factual errors in the materials or picks we provide.
Personal or Property Damages: Any harm or damage incurred while acting on or reacting to our picks or content, including emotional distress or financial harm.
Unauthorized Access: Damages resulting from hacking, phishing, or unauthorized third-party access to your account or data.
Downtime or Service Interruptions: Losses caused by outages, scheduled maintenance, server overloads, or technical errors.
Viruses or Malware: Any digital damage caused by malicious code introduced through or in connection with our site.
System Compatibility: Our platform’s failure to integrate or perform properly with your devices, operating systems, or third-party apps.

12. Intellectual Property

12.1. Trademarks

The name WinFact, its logo, slogans, and all other branding elements are protected trademarks under U.S. and international intellectual property laws. You may not use our trademarks in any manner likely to cause confusion or suggest endorsement or affiliation without express written permission.

12.2. Copyrights

All content on the platform—text, graphics, videos, data sets, betting models, and statistical tools—is the intellectual property of WinFact or its licensors and is protected by copyright law. Any copying, reproduction, distribution, republication, or adaptation of such content without written consent is strictly prohibited.

13. General Provisions

13.1. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Disclaimers, and any other legal or support documents explicitly incorporated by reference, represent the entire agreement between you and WinFact LLC. This agreement supersedes all prior oral or written understandings, communications, representations, negotiations, or agreements, whether express or implied, between the parties. Any prior versions of this agreement are null and void upon acceptance of the current version. No oral statements, guidance, or prior emails shall have legal effect unless confirmed in writing and incorporated herein.

13.2. Third-Party Policies

Certain functionalities of the WinFact platform, including but not limited to payment processing (e.g., Stripe, PayPal), communication platforms (e.g., Telegram), analytics, or login services, may be provided via integrations with third-party platforms. WinFact is not responsible for the availability, performance, policies, or practices of such third-party services. Your use of any third-party services is solely governed by the terms and privacy policies of those respective providers, and you agree to hold WinFact harmless from any liability arising from your interactions with them.

13.3. Assignment

You may not assign, transfer, delegate, sublicense, or otherwise dispose of any rights or obligations under these Terms without the prior written consent of WinFact. Any attempt to do so without such consent will be null and void. WinFact reserves the right to assign or transfer these Terms, including all rights, obligations, licenses, and data, to any affiliate, successor entity, or acquirer in the event of a merger, asset sale, or corporate restructuring, with or without notice to you.

13.4. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from the agreement and replaced with a valid provision that most closely approximates the original intent. The remainder of these Terms will continue to be valid and enforceable.

13.5. Cumulative Remedies

All rights and remedies of WinFact under these Terms, or provided by law or equity, are cumulative and may be exercised concurrently or separately. The exercise of any one remedy does not preclude the simultaneous or later exercise of another.

13.6. Successors and Assigns

These Terms and all obligations and rights hereunder shall be binding upon and shall inure to the benefit of both parties, including their respective legal representatives, heirs, successors, and permitted assigns.

13.7. Force Majeure

WinFact shall not be liable for any failure or delay in performance due to events or causes beyond its reasonable control. This includes but is not limited to acts of God, fire, floods, earthquakes, wars, terrorism, labor disputes, strikes, utility disruptions, internet failures, cyberattacks, governmental actions, pandemics, or acts of third parties beyond WinFact’s control.

13.8. Notices

All legal or official communications to WinFact must be delivered to winfactpicks@gmail.com or to a physical address if later provided and published. WinFact may provide you with required notices via the email associated with your account, through in-app notifications, or by posting to our website. Notices shall be deemed received immediately when delivered via electronic means and three (3) business days after mailing if sent by certified mail.

13.9. Confidentiality

You agree that any proprietary content shared through the WinFact platform—including but not limited to algorithms, betting models, statistical analyses, selection strategies, and other intellectual property—is confidential and constitutes proprietary trade secrets of WinFact LLC. You may not copy, disclose, sell, republish, or disseminate such materials, whether in part or in full. A breach of this provision will result in liquidated damages of $10,000 per incident, in addition to any injunctive relief or further legal action WinFact deems necessary.

13.10. Consideration

You acknowledge and agree that your access to and use of WinFact’s services, even if not paid for in full or partially, constitutes sufficient legal consideration for the enforceability of these Terms.

13.11. Electronic Signatures

By clicking “Accept,” checking a box, submitting payment, using the platform, or otherwise engaging with WinFact in a digital capacity, you consent to the use of electronic records and signatures under applicable U.S. and international e-signature laws. These actions constitute a legally binding agreement equivalent to a handwritten signature.

13.12. English Language

These Terms are written in English and shall be interpreted exclusively in the English language. Any translation of these Terms is provided for your convenience only and is not legally binding. In the event of conflict between the English version and any translation, the English version shall control.

13.13. Export Control

You agree not to use, distribute, or export WinFact’s services or content in violation of any applicable U.S. laws, including export control regulations administered by the Department of Commerce or sanctions enforced by the Office of Foreign Assets Control (OFAC). You further represent that you are not located in, under the control of, or a national or resident of any restricted country or listed on any U.S. government restricted party list.

13.14. No Agency

No provision of these Terms shall be construed to create an agency, partnership, fiduciary relationship, joint venture, or employer-employee relationship between you and WinFact. You have no authority to bind or obligate WinFact in any way.

13.15. Interpretation Rules

Unless expressly stated otherwise, references to the singular include the plural and vice versa. The words "include," "includes," or "including" shall be interpreted as non-exhaustive and mean "including, without limitation." Any ambiguities shall not be construed against the drafting party.

13.16. No Waiver

No waiver of any provision or breach of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Failure by WinFact to enforce any right or remedy under these Terms does not constitute a waiver of that right or remedy.

13.17. Headings

The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. They shall not affect the construction or interpretation of any provision of these Terms.

13.18. Jurisdiction Limitations

WinFact operates from Miami, Florida, and does not represent that its services are appropriate, permitted, or legal in all jurisdictions. If you access the platform from outside the United States or from a restricted jurisdiction, you do so at your own initiative and are solely responsible for compliance with local laws. WinFact reserves the right to restrict or terminate access to users in jurisdictions where its services are not lawful or cannot be supported.