Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and WinyMarket AI ("Company", "we", "us", or "our") governing your access to and use of the WinyMarket AI platform, including all features, content, AI tools, APIs, and services (collectively, the "Service").

By registering for an account, accessing, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

We reserve the right to update these Terms at any time. We will notify you of material changes by posting the new Terms on this page with an updated effective date. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

WinyMarket AI is an AI-powered Marketing Operating System that enables users to:

• •Ingest content from URLs, YouTube videos, social media posts, raw text, and uploaded files
• •Generate AI-powered marketing content including captions, posts, scripts, and descriptions
• •Manage content approval workflows with role-based access control
• •Schedule and distribute content across multiple social media platforms
• •Track content performance analytics and receive AI-generated insights

The AI content generation capabilities are powered by third-party AI providers, including Anthropic's Claude models. The quality, accuracy, and appropriateness of AI-generated content may vary and is subject to the limitations of underlying AI technology.

3.1 Registration. To use the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Eligibility. You must be at least 18 years old to use the Service. By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

3.3 Account Security. You agree to notify us immediately at legal@winymarket.ai if you suspect any unauthorised access to your account. We will not be liable for any loss or damage arising from your failure to safeguard your account credentials.

3.4 One Account Per User. Each user may maintain only one account. Creating multiple accounts to circumvent plan limits or other restrictions is prohibited and may result in termination of all associated accounts.

The Service operates on a role-based access control system. The following roles are available:

• •Admin: Full access to all features including user management, content deletion, and team oversight. Admins receive complimentary Premium access.
• •Staff: Full feature access including content approval and generation. Staff members receive complimentary Premium access.
• •Editor: Can add and edit content items but cannot delete content or approve posts.
• •User (Free): Limited access subject to the Free tier restrictions outlined in Section 6.

Role assignments are made by system administrators. Attempting to circumvent role restrictions through technical means is a violation of these Terms.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must NOT use the Service to:

• •Generate, distribute, or promote content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
• •Infringe upon or violate the intellectual property rights, privacy rights, or other rights of any third party
• •Create or distribute spam, unsolicited marketing messages, or deceptive advertising
• •Generate content that impersonates individuals, organisations, or brands without authorisation
• •Use the Service to train competing AI models or to reverse-engineer our AI systems
• •Attempt to gain unauthorised access to our systems, other users' accounts, or related infrastructure
• •Upload malicious files, viruses, or any code designed to disrupt, damage, or interfere with the Service
• •Violate any applicable local, national, or international law or regulation
• •Generate content that promotes discrimination, hatred, or violence based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics

We reserve the right to suspend or terminate any account found to be in violation of this Acceptable Use Policy, with or without notice, at our sole discretion.

6.1 Free Tier. A free tier is available with the following limitations:

• •Up to 10 active content items in the Content Brain
• •Up to 20 generated posts per month
• •Up to 50 AI generation requests per month
• •Access to 2 social media platforms

6.2 Pro Plan. The Pro Plan is available at $20.00 USD per month and provides:

• •Unlimited content items in the Content Brain
• •Unlimited generated posts per month
• •Unlimited AI generation requests
• •Access to all 6 supported social media platforms
• •Full analytics and AI learning system
• •Content recycling and scheduling features

6.3 Billing. Subscriptions are billed monthly in advance. By subscribing, you authorise us to charge your payment method on a recurring basis until you cancel.

6.4 Cancellation. You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. We do not provide refunds for unused portions of a billing period.

6.5 Price Changes. We reserve the right to change subscription prices with 30 days' advance notice to your registered email address.

6.6 Complimentary Access. Admin and Staff roles are granted Pro-level access at no charge as a benefit of their system role. This benefit may be modified at our discretion with reasonable notice.

The Service uses artificial intelligence to generate marketing content. You acknowledge and agree to the following:

• •Review required: All AI-generated content should be reviewed by a human before publication. The built-in approval workflow exists precisely for this purpose.
• •Accuracy: AI-generated content may contain factual errors, outdated information, or inaccuracies. You are solely responsible for verifying the accuracy of any content before publishing.
• •Originality: While we design the AI to produce unique outputs, we cannot guarantee that generated content is wholly original or does not resemble content created by others.
• •Ownership: Subject to compliance with these Terms, content you generate using the Service is yours. You grant us a limited, non-exclusive licence to process and store your content solely to provide the Service.
• •No professional advice: AI-generated content does not constitute legal, financial, medical, or professional advice of any kind.
• •Responsibility: You are fully responsible for any content you publish using outputs from our Service. WinyMarket AI is not liable for consequences arising from published AI-generated content.

8.1 Your Content. You retain ownership of all source content you upload or input into the Service ("Your Content"). By using the Service, you grant WinyMarket AI a worldwide, royalty-free, non-exclusive licence to process, store, and analyse Your Content solely to provide and improve the Service.

8.2 Our Platform. The WinyMarket AI platform, including its code, design, branding, AI models, algorithms, and all associated intellectual property, is owned exclusively by WinyMarket AI. Nothing in these Terms grants you any right to use our intellectual property except as necessary to use the Service.

8.3 Feedback. If you provide feedback, suggestions, or ideas about the Service, you grant us an irrevocable, perpetual, royalty-free licence to use such feedback for any purpose without compensation to you.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

You are responsible for ensuring that any content you input into the Service does not violate applicable data protection laws, including with respect to personal data of third parties.

The Service integrates with third-party services including, but not limited to, Anthropic (AI processing), social media platforms, and payment processors. Your use of these integrations is subject to the respective third-party terms of service and privacy policies.

We are not responsible for the availability, accuracy, or policies of third-party services. Changes to third-party APIs may affect certain features of the Service without notice.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WINYMARKET AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $50 USD.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

You agree to indemnify, defend, and hold harmless WinyMarket AI and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your use of the Service; (b) your violation of these Terms; (c) Your Content; or (d) your violation of any third-party rights.

14.1 By You. You may terminate your account at any time by contacting us at legal@winymarket.ai. Termination does not entitle you to a refund of any prepaid fees.

14.2 By Us. We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice. Grounds for termination include, but are not limited to, violation of these Terms, non-payment, abuse, or harmful conduct.

14.3 Effect of Termination. Upon termination, your right to access the Service immediately ceases. We may delete your data in accordance with our data retention policy. Provisions that by their nature should survive termination shall continue to apply.

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to conflict of law principles. Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be subject to the exclusive jurisdiction of the courts located in Kenya.

16.1 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and WinyMarket AI regarding the Service and supersede all prior agreements.

16.2 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations.

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: