These Terms of Service ("Terms") govern your access to and use of Winning (the "Service"), provided by Winning Technologies Ltd ("we", "us", or "our"), a company registered in the Dubai International Financial Centre, United Arab Emirates.
Where you connect Shopify or otherwise submit personal data relating to your own customers, leads, store visitors, or business contacts, our Data Processing Addendum is incorporated into these Terms by reference.
1. Acceptance of Terms
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
2. Eligibility
You must be at least 18 years old and able to enter into a binding contract to use Winning.
3. The Service
Winning is an AI-powered platform that helps users research products, build online stores, prepare advertising creatives, and manage business operations. Winning provides recommendations and automation; final business decisions remain your responsibility.
4. Subscription & Billing
- Winning is offered on a recurring monthly subscription basis at €49 / month per workspace, inclusive of applicable taxes.
- Payments are processed by Stripe and billed in advance.
- You may cancel at any time from your account; access continues until the end of the current billing period.
- The advertising budget and ad management fees are separate from the subscription. They are described in section 5.
- Refund terms for the subscription, credit packs and advertising are set out in our Refund Policy, which forms part of these Terms.
- If you are a consumer, you have a 14-day right of withdrawal. Its conditions, effects and the model form are set out in section 3 of the Refund Policy. You can exercise it online with the Withdraw from the contract here feature.
5. Advertising and ad budget
When you launch ads with Winning, Winning buys advertising space from the platforms (including Meta) and re-invoices you for the budget spent. You do not pay that budget directly to Meta.
- Winning does not launch any campaign or collect any advertising budget without your express agreement on the budget amount and the management fees.
- Winning charges the advertising budget consumed via Stripe, generally every day, up to the budget you authorized.
- Winning charges a management fee of 20% excl. VAT of the advertising budget. Both the advertising budget and the management fee are subject to applicable VAT. Example: for €100 excl. VAT of ad budget, you pay €100 + €20 fee = €120 excl. VAT, i.e. €144 incl. 20% VAT. Budget and fees are collected together.
- By launching a campaign, you ask for it to start immediately, before the end of the withdrawal period. If you withdraw, the budget already spent and the matching management fees remain due.
- Cancelling your subscription stops the campaigns managed by Winning. Winning then stops collecting the advertising budget, subject to amounts already due for spend and fees already incurred.
6. Acceptable Use
You agree not to misuse the Service, including but not limited to: violating any law, infringing intellectual property, sending spam, or attempting to disrupt the Service.
7. Intellectual Property
The Winning platform, brand, and software are owned by Winning Technologies Ltd. Content you generate using the Service belongs to you, subject to these Terms.
8. Disclaimers
The Service is provided "as is" without warranty of any kind. We do not guarantee any specific business outcome, revenue, or profit.
9. Limitation of Liability
To the maximum extent permitted by law, Winning Technologies Ltd shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Service.
10. Termination
We may suspend or terminate your access if you breach these Terms. You may close your account at any time. Cancellation stops the advertising campaigns managed by Winning, as set out in section 5.
11. Governing Law
These Terms are governed by the laws of the Dubai International Financial Centre (DIFC), United Arab Emirates.
12. Data Processing
When you connect Shopify or otherwise submit to the Service personal data relating to your own customers, leads, store visitors, or business contacts, our Data Processing Addendum ("DPA") applies and forms part of these Terms. The DPA describes how Winning processes such personal data on your behalf as a processor, including security, sub-processors, international transfers, and assistance with data subject requests.
Winning uses PostHog to collect Service usage data, including pages visited, usage events and technical device data, in order to improve the product and measure performance. Details of this collection are set out in our Privacy Policy.
13. Contact
Questions about these Terms? Contact us at [email protected].