Terms of Service

1. Who we are and what this covers

Quiet Wins is operated by Flowformance LLC, a series of Balanced Company LLC (“Quiet Wins,” “we,” “us,” or “our”). These Terms of Service (the “Terms”) govern your use of quietwins.com (including the staffanalysis.com, threegauges.com, and whatsstuck.com domains that point to it), its pages, forms, tools, reports, emails, and related services (together, the “Services”).

“You” means the person using the Services and, when you use them for a business, that business. If you use the Services for a business, you confirm that you have authority to accept these Terms for it. The business is then the “Customer.”

By using the Services, starting a free check, placing an order, or answering questions you were invited to answer, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

If you were invited by your employer or another organization to answer questions (a “Respondent”), only Sections 1, 2, 4, 9, 11, 12, 17, 18, 20, 22, 23, 24, and 25 apply to you, and the organization that invited you is the Customer. Your answers are handled as described in our Privacy Policy.

2. Who may use Quiet Wins

The Services are built for businesses and the people who run them. They are not offered for personal, family, or household purposes. You must be at least 18 years old. The Services are not directed to children, and you must not invite anyone under 18 to answer questions.

You may not use the Services if you are barred from doing so under U.S. law, or if you are located in, or ordinarily resident in, a country or region subject to comprehensive U.S. sanctions.

3. The services

The Services currently include What's Stuck (a free check), The Three Gauges (paid self-serve tools), the Founder Read, the Staff Analysis (which can include questions answered by people you invite), With Ben (which adds personal review and a call with our founder), and custom work by separate agreement. Each product page describes what you get, how long it takes, and what it costs. Those descriptions are part of these Terms for the product you buy.

We may change, add, or retire features or products. If we retire a product you already paid for and have not received, we will deliver it or refund what you paid for it.

Custom or enterprise work may be covered by a separate written agreement or order form. If that agreement conflicts with these Terms, the separate agreement controls for that work.

4. Private links and access

We do not use passwords. Your reports, progress pages, and question forms are reached through private links and codes that we email to you. Anyone who has a link can open what it points to. Treat these links like passwords: don’t post or forward them, and tell us at once through our contact form or at legal@quietwins.com if you think one has been exposed. We will turn it off and, where we can, send you a new one.

You are responsible for activity through links we sent to you, and for keeping the email account that receives them secure. Respondent links are personal to the person invited and expire.

5. Orders, prices, and payment

• Prices. Prices are shown in U.S. dollars on the product page and at checkout. The price at checkout is the price you pay. We may change prices for future orders at any time.
• Payment. Payments are processed by Stripe. We do not receive or store your full card number. By paying, you also agree to the terms that apply to your payment method.
• One-time charges. Every purchase is a one-time charge. There are no subscriptions, and nothing renews or charges you again automatically.
• Taxes. Prices do not include taxes unless stated. You are responsible for taxes that apply to your purchase, other than taxes on our income. We collect sales tax where the law requires it.
• Promotion codes apply only to the products and periods they name, cannot be exchanged for cash, and may be withdrawn.
• Delivery. Work starts once payment clears and you have sent your answers. Delivery times on product pages are good-faith estimates, not guarantees. A Staff Analysis depends on your team answering; it closes on the stated date, or sooner if you close it. If nobody has answered by then, we give your team 7 more days, once. The report is then written from the answers we have, or from yours alone if nobody else answered. That report is the delivery.
• Capacity. With Ben is limited each month. If we accept a payment for a month that turns out to be full, we will offer the next opening or a full refund.
• Errors. If a price is clearly wrong because of an error, we may cancel the order and refund you in full.

6. Refunds

All sales are final. Fees are non-refundable once paid. That includes when a report has been delivered, when your team answers fewer questions than you hoped or none at all, when you don’t book or attend a call, and when you change your mind. On rare occasions we may choose to refund some or all of a payment. That choice is ours alone, and making it once does not oblige us to make it again.

This Section does not take away the following:

• If we don’t deliver. If we can’t deliver what you paid for, we refund what you paid for the part we didn’t deliver. If a report fails to finish, we fix it and deliver it, and if we can’t within a reasonable time, we refund it.
• If something is wrong. If a report has a material error, such as missing sections or content about the wrong company, tell us within 30 days of delivery. We will fix it and deliver it again. If we can’t fix it within a reasonable time, we refund what you paid for that report.
• Billing mistakes. If you were charged twice or charged the wrong amount, we refund the difference.
• The law. Any right to a refund that the law gives you and does not allow to be waived.

Reach us through our contact form. Refunds go back to the original payment method. Please talk to us before disputing a charge with your bank. If you dispute a charge, we may pause the related service while the dispute is open. Nothing in these Terms limits your right to dispute a charge with your card issuer.

7. Inviting your team

Some Services let you give us the names, email addresses, and roles of people in your organization so we can invite them to answer questions. If you do, you confirm and agree that:

• you have authority from the Customer to share this information, and every law, policy, and contract that applies to you allows it;
• you have given, or will give, invitees any notice the law requires about why their information is collected and how it is used, including notices required for employees and contractors under state privacy laws such as the California Consumer Privacy Act;
• everyone you invite is at least 18 years old and is your employee, contractor, owner, or other member of your organization;
• you will tell invitees that taking part is voluntary, and you will not punish, retaliate against, or reward anyone for taking part, declining, or what they said;
• you will not ask us to collect sensitive information, such as health, medical, genetic, biometric, immigration, union, or criminal history information, Social Security or other government ID numbers, or financial account numbers; and
• you are responsible for complying with the employment, labor, and privacy laws that apply to you and your workforce, including laws on surveying employees, monitoring, and protected concerted activity.

We send invitations and reminders on your behalf. Invitations name your company and the person who started the Staff Analysis.

8. How you may use reports

Reports describe how work, roles, structure, and systems function across your organization. They are written about roles, not people. You may use reports for internal planning and decision-making about your organization’s structure, roles, processes, systems, and priorities.

You must not use any report, score, or other output of the Services:

• as the basis, or as a substantial factor, in any decision about a specific person’s hiring, firing, promotion, demotion, discipline, pay, benefits, scheduling, or other terms of employment or engagement;
• to determine any person’s eligibility for employment, credit, insurance, housing, or any other purpose covered by the Fair Credit Reporting Act or similar state laws. Quiet Wins is not a consumer reporting agency, and reports are not consumer reports;
• to identify, or try to identify, which person gave which answer, or to pressure anyone about what they said; or
• in any way that discriminates against a person or group on a basis protected by law.

Our reports are not designed or offered as automated decision-making technology or as a high-risk artificial intelligence system for employment decisions. If you use them that way despite these Terms, you are solely responsible for doing so and for complying with every law that then applies. You must not present a report as an assessment of any individual.

Keep your own copy. We delete reports 24 months after your last purchase, or after delivery if that is later. We email you 30 days before, with a way to keep them longer. Once a report is deleted, we can’t restore it, so save or print any report you want to keep.

9. AI-generated content

We use artificial intelligence, including models provided by Anthropic, to read answers and write checks and reports. Most reports are written by AI and are not reviewed by a person before delivery. With Ben adds a personal read and notes from our founder.

• AI output can be incomplete, inaccurate, or out of date, and can sound confident when it is wrong. Review it with judgment before you act on it.
• Output depends on what you and your team enter. Similar inputs may produce different outputs.
• We tell the AI to describe roles rather than people, and we automatically remove the names of people you invited from reports. These safeguards are strong but not perfect. Tell us if you see a name that should not be there.
• We do not use your content to train AI models, and our AI provider does not use it to train its models under its commercial terms.

10. Not professional advice

The Services offer general business information and opinions about how your organization is structured. They are not legal, employment-law, human-resources, tax, accounting, financial, investment, medical, or other professional advice, and no professional relationship is formed. Talk to a qualified professional before making decisions that carry legal or financial risk, including any decision about a person’s job. We do not promise any particular business result.

11. Acceptable use

You agree not to, and not to help anyone else to:

• break any law, or infringe or violate anyone’s rights, including privacy and intellectual property rights;
• submit information about anyone without the right to do so, or submit content that is false, defamatory, harassing, threatening, or hateful;
• submit sensitive information described in Section 7, or passwords, payment card numbers, or other credentials;
• get around, disable, or interfere with security features, including Cloudflare Turnstile, rate limits, link expiry, or access controls;
• access or try to access data, links, or reports that are not yours, or probe, scan, or test our systems for vulnerabilities without our written permission;
• scrape, crawl, or harvest the Services or their content by automated means, except search engines indexing public pages in line with our robots.txt;
• copy, resell, sublicense, or offer the Services, or our questions, methods, or report formats, to others, or use them to build a competing product;
• reverse engineer, decompile, or try to extract source code, prompts, or models, except where the law expressly allows it despite this restriction;
• upload malware or send spam, including through invitations; or
• overload the Services or use them in a way that harms us, our providers, or other users.

If you believe someone has found a security issue, please report it to legal@quietwins.com. We welcome good-faith reports and will not pursue legal action against researchers who act in good faith, avoid harm to people and data, and give us reasonable time to fix the issue before telling anyone else.

12. Your content

“Your Content” means what you or your Respondents submit through the Services, such as answers, rosters, intake details, and messages. As between you and us, the Customer owns Your Content, and the Respondent keeps whatever rights they have in their own words.

You grant us a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, and display Your Content only as needed to provide, secure, and support the Services, to comply with law, and as described in our Privacy Policy. This license ends when Your Content is deleted, except for copies kept in backups until they expire and copies we must keep by law.

We may create and use aggregated or de-identified information that does not identify you, your organization, or any person, such as counts, timings, costs, and error rates, to run and improve the Services. We will not try to re-identify it. We do not use Your Content to train AI models.

If you send us ideas or feedback, we may use them without owing you anything.

13. Data processing terms

This Section applies when we process personal information about the Customer’s people (such as invitees and Respondents) on the Customer’s behalf (“Customer Personal Data”). For Customer Personal Data, the Customer is the controller or business, and we are the processor or service provider.

• Instructions. We process Customer Personal Data only to provide the Services you ordered, to secure and support them, and as these Terms and your documented instructions require, unless the law requires otherwise. These Terms and your use of the Services’ features are your instructions.
• Service provider commitments. We will not sell or share Customer Personal Data, as those terms are defined in the California Consumer Privacy Act; retain, use, or disclose it for any purpose other than the business purposes in these Terms, including any other commercial purpose; retain, use, or disclose it outside our direct business relationship with you; or combine it with personal information we receive from others, except as the law allows. We will comply with applicable obligations under state privacy laws and give Customer Personal Data the level of privacy protection those laws require. We will tell you if we can no longer meet these obligations. You may take reasonable steps to stop and remedy unauthorized use.
• Confidentiality. Everyone we authorize to process Customer Personal Data is bound by a duty of confidentiality.
• Subprocessors. You authorize us to use the subprocessors listed on our Subprocessors page. We bind each one by written contract to data protection obligations at least as protective as this Section, and we remain responsible for them. We will update that page before a new subprocessor begins processing Customer Personal Data. You may object to a new subprocessor on reasonable data protection grounds by writing to legal@quietwins.com. If we can’t resolve the objection, you may stop using the affected Service and receive a pro-rata refund of any prepaid, undelivered portion.
• Security. We maintain reasonable administrative, technical, and physical safeguards appropriate to the nature of the data, as described in our Privacy Policy.
• Assistance. Taking into account the nature of the processing, we will help you respond to requests from people exercising their privacy rights, and with data protection assessments where the law requires them. If we receive a request directly from one of your people, we will refer them to you or tell you, unless the law forbids it.
• Security incidents. We will notify you without undue delay after we confirm a security incident affecting Customer Personal Data. We will give you the information you reasonably need to meet your own notice obligations.
• Deletion. Unless you ask us to delete it sooner, we delete Respondents’ answers, and the names and emails you gave us for your team, 60 days after the report is delivered, or 60 days after answers close if no report is delivered. We delete reports, and the answers you gave us for them, 24 months after your last purchase, or after delivery if that is later. Our Privacy Policy, Section 9, has the full schedule. You may also ask us to delete Customer Personal Data at any time. We will delete it within 30 days of the request, except where the law requires us to keep it. Copies in backups expire on their normal schedule.
• Information and audits. On written request, no more than once a year, we will give you information reasonably needed to show that we comply with this Section. Our subprocessors’ independent certifications and reports may be used to meet this obligation where appropriate.
• Location. We and our subprocessors process data in the United States and wherever our subprocessors operate, as listed on the Subprocessors page.

If you need a separately signed data processing agreement, write to legal@quietwins.com.

14. Confidentiality

We treat Your Content and your reports as confidential. We use them only to provide the Services and as described in these Terms and our Privacy Policy. We disclose them only to our personnel, our parent company and affiliates, and subprocessors who need them for that purpose and are bound to protect them; when the law requires; when we believe in good faith that disclosure is needed to protect anyone’s safety or to prevent fraud or abuse; or to a successor in a merger, acquisition, or sale of assets that agrees to protect them. When the law requires disclosure, we will tell you first if the law allows. You agree to keep confidential any non-public information about our Services that we share with you, such as unreleased products or pricing.

15. Our intellectual property

We and our licensors own the Services, including the site, software, questions, scoring methods, prompts, report formats, templates, and the Quiet Wins name, mark, and brand. These Terms do not transfer any of these to you. Our brand kit may be used to refer to Quiet Wins accurately, but not in a way that suggests we endorse you.

Once you have paid for a report, or received a free one, we grant you a perpetual, non-exclusive, non-transferable license to use, copy, and share that report within your organization and with your advisers for your internal business purposes, subject to Section 8. You may quote short parts of a report publicly if you credit Quiet Wins and do not reveal any Respondent’s identity.

16. Third-party services

The Services rely on, or link to, services run by others, such as Stripe for payments and Cal.com for booking calls. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services we do not control.

17. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, REPORTS, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT AI OUTPUT WILL BE ACCURATE OR COMPLETE, OR THAT USING THE SERVICES WILL PRODUCE ANY PARTICULAR RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, OR BUSINESS INTERRUPTION, OR FOR DECISIONS YOU MAKE BASED ON THE SERVICES, EVEN IF WE WERE TOLD THEY WERE POSSIBLE; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT THAT CAUSED IT, OR ONE HUNDRED U.S. DOLLARS (US$100).

THESE LIMITS APPLY TO ALL THEORIES OF LIABILITY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND STATUTE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED BY LAW, SUCH AS LIABILITY FOR FRAUD OR FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WHERE THE LAW DOES NOT ALLOW IT TO BE LIMITED.

19. Indemnity

To the extent permitted by law, the Customer (or you, if you use the Services for yourself) will defend, indemnify, and hold harmless Quiet Wins, Balanced Company LLC and its other series, and their members, managers, officers, employees, and agents from and against third-party claims, and related losses, damages, fines, and reasonable attorneys’ fees, arising out of: (a) Your Content, including information about people you invited; (b) your use of reports or other outputs, including any employment decision; (c) your breach of these Terms; or (d) your violation of any law or anyone’s rights. We will tell you promptly about any claim, let you control its defense with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle a claim in a way that admits fault for us or binds us without our written consent.

20. Series limitation of liability

Flowformance LLC is a series of Balanced Company LLC, a series limited liability company. Under the law that governs it, including Chapter 101, Subchapter M of the Texas Business Organizations Code, the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to Flowformance LLC are enforceable against the assets of that series only. They are not enforceable against the assets of Balanced Company LLC generally or of any other series of it. You agree to look only to the assets of Flowformance LLC for any claim under or related to these Terms or the Services.

21. Suspension and termination

You may stop using the Services at any time. We may suspend or end your access, or turn off links, if you breach these Terms, if your use creates risk or legal exposure for us or others, if a payment is disputed or reversed, or if we stop offering the Services. Where reasonable, we will tell you first. If we end a paid Service for reasons other than your breach, we will refund any prepaid, undelivered portion.

When your use ends, we keep and delete your information as our Privacy Policy, Section 9, describes.

Sections that by their nature should survive will survive, including Sections 5 through 8, 10, 12 through 15, and 17 through 25.

22. Governing law and disputes

• Talk to us first. Before filing a claim, you agree to tell us about the dispute in writing at legal@quietwins.com and to try in good faith to resolve it for 30 days.
• Governing law. These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
• Venue. Any lawsuit must be brought only in the state courts located in Collin County, Texas, or the United States District Court for the Eastern District of Texas, Sherman Division. You and we consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum. Either party may bring an individual claim in a justice court in Collin County, Texas, if it qualifies. Either party may seek temporary injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
• Individual claims only. To the fullest extent permitted by law, claims may be brought only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated, or representative action.
• JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LAWSUIT ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
• Time to bring claims. To the extent permitted by law, any claim must be filed within two years after it arises, or it is permanently barred.

23. Changes to these terms

We may update these Terms. We will post the new version here and change the “Last updated” date. If a change is material, we will give reasonable notice, such as a notice on the site or an email to recent customers, before it takes effect. Changes apply going forward. They do not apply to an order placed or a dispute that arose before the change took effect. Using the Services after the effective date means you accept the updated Terms.

24. Notices and electronic communications

You agree to receive agreements, notices, receipts, and other communications from us electronically, by email or on the site, and that they satisfy any legal requirement for a writing. We send notices to the email address you gave us. Send legal notices to legal@quietwins.com. A notice is received when sent, unless the sender learns it was not delivered.

25. General terms

• Entire agreement. These Terms, the product descriptions, the Privacy Policy, and any order form or separate agreement for custom work are the whole agreement about the Services and replace any earlier understanding.
• Order of precedence. If documents conflict, a signed separate agreement controls, then these Terms, then the Privacy Policy, then product descriptions.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in a merger, acquisition, or sale of assets, with notice to you.
• Severability. If any part is found unenforceable, it will be enforced to the fullest extent allowed, and the rest stays in effect.
• No waiver. Not enforcing a term is not a waiver of it.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as outages of internet or cloud providers, natural disasters, war, labor disputes, or government action. This does not excuse payment obligations.
• Independent parties. You and we are independent contractors. These Terms create no partnership, joint venture, agency, or employment relationship.
• No third-party beneficiaries. These Terms do not give rights to anyone else, except that Section 19 benefits the people it names, and Section 20 benefits Balanced Company LLC and its other series.
• Export and sanctions. You will comply with U.S. export control and sanctions laws in using the Services.
• Headings and examples. Headings and summaries are for convenience only. “Including” means “including without limitation.”

26. Contact

Questions about these Terms: legal@quietwins.com. For everything else, use our contact form.