Terms of Service

These Terms of Service (“Terms”) govern your access to and use of WhatWins (“Service”), operated by WhatWins FZ-LLC (“WhatWins”, “we”, “us”, or “our”), a company registered in the United Arab Emirates. By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

These Terms, together with our Privacy Policy, Data Processing Agreement (the “DPA” at /dpa), and any policies referenced in them, form the entire agreement between you and WhatWins.

1. Eligibility and authority

You must be at least 18 years old and have the legal capacity to enter into a binding contract. If you use the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms and that “you” in these Terms refers to the organization.

2. The Service

WhatWins is a cloud-based competitive-intelligence platform for creators, agencies, and brands. It lets you track the competitors and creators in your niche across social platforms and online stores, analyze the ads and organic content that perform, and save references and plan your own content with your team. The Service is provided on a subscription basis. We may modify, improve, or discontinue features, subject to our reasonable efforts to avoid materially diminishing the Service during your paid term.

3. Account registration and security

You must provide accurate and complete information when registering. You are responsible for safeguarding your credentials and for all activity under your account. You must notify us promptly at [email protected] of any actual or suspected unauthorized access. We strongly recommend enabling two-factor authentication.

4. Subscriptions, billing, and refunds

The Service is offered in tiered subscription plans (currently Starter, Pro, and Business). Current pricing, plan limits, and included usage are shown on the billing page in the Service at the time of purchase.

• Auto-renewal. Subscriptions renew automatically at the then-current price for the same billing period unless cancelled before renewal.
• Upgrades and downgrades. Upgrades take effect immediately and we charge a prorated difference for the remainder of the current period. Downgrades take effect at the next renewal.
• Cancellation. You may cancel at any time from the billing portal. Cancellation takes effect at the end of the current billing period and you retain access to paid features until then. Except as required by law, no partial refunds are issued for unused time within a paid period.
• EEA cooling-off. If you are an individual consumer in the EEA or the UK, you may withdraw from a paid subscription within 14 days of the initial paid order by emailing [email protected]. If you have used the Service during that period, we may deduct a pro-rata amount corresponding to the period of use.
• Taxes. Prices are exclusive of taxes, levies, and duties, which are added where required. You are responsible for any applicable VAT and for providing accurate tax-residency information.
• Price changes. We may change pricing on 30 days' prior email notice. Changes apply to the next renewal; you may cancel before they take effect.
• Payment processor. Payments are processed by Stripe. We do not store full card numbers or CVV.
• Failed payments. If a charge fails, we may suspend or downgrade your access after reasonable retry attempts and written notice.
• Usage limits. Each plan includes specific limits for tracked accounts and stores and for integration credits. If you exceed your limit, we may require an upgrade.
• Affiliate program. If you take part in our affiliate or referral program, that participation is governed by the separate program terms presented when you join. We may adjust, withhold, or reverse commissions for cancellations, refunds, chargebacks, fraud, self-referrals, or breach of those terms or these Terms.

5. Your Content and licence

You retain all rights, title, and interest in the content, data, and materials you upload to the Service (“Your Content”). By uploading Your Content, you grant WhatWins a worldwide, non-exclusive, royalty-free licence to host, store, copy, transcode, transmit, display, and otherwise process Your Content solely as necessary to provide and improve the Service, comply with law, and enforce these Terms. This licence ends when you delete Your Content or terminate your account, subject to retention obligations described in the Privacy Policy and DPA.

Your Content includes any links, destination URLs, and link-in-bio or landing pages you create, publish, or share through the Service, and you are solely responsible for them and for everything they point to.

The Service lets you view, save, and organize publicly available content created by third parties (for example, competitors' posts and ads) for research and reference. This does not transfer to you any ownership of, or grant you any licence to, that third-party content. You are solely responsible for ensuring that any reuse, adaptation, or reproduction you make of content you find through the Service complies with applicable intellectual-property, publicity, contract, and other laws, and for obtaining any rights or permissions required.

We may create and use aggregated and de-identified data derived from use of the Service, which does not identify you, any individual, or your organization, to operate, secure, analyze, and improve the Service and our products, and we retain all rights in such aggregated data.

We do not use Your Content to train machine-learning models or for advertising.

6. Data Processing Agreement

Where you upload or process personal data of third parties (for example creators, collaborators, team members, or vendors) through the Service, you act as the controller of that personal data and WhatWins acts as your processor. Our DPA at /dpa is incorporated into and forms part of these Terms. By accepting these Terms, you accept the DPA.

7. Acceptable Use Policy

You will not, and will ensure your team and end users will not, use the Service to:

• violate applicable law, including UAE Federal Decree-Law No. 34 of 2021 on Combating Rumors and Cybercrimes, sanctions regimes administered by the UN, the U.S. OFAC, the EU, and the UK, anti-money laundering rules, and export controls;
• upload or process any content depicting, describing, soliciting, or facilitating sexual activity, exploitation, abuse, or grooming of a minor; we treat any such content as suspected CSAM, preserve and report it to competent authorities, and terminate the account without notice;
• upload personal data of any natural person without a valid lawful basis to do so, or in violation of the data subject's rights;
• upload or distribute non-consensual intimate imagery, intimate imagery shared in violation of a contract, or content that depicts serious violence, incitement to violence, terrorism, or self-harm;
• infringe any third party's intellectual property, privacy, publicity, contract, or other rights;
• operate, promote, or direct anyone, including through tracking links, custom links, or a link-in-bio page, to any scam, fraud, phishing, deceptive or misleading scheme, pyramid or Ponzi scheme, fake or counterfeit store, malware, or any unlawful product, service, or content;
• use links or a link-in-bio page to impersonate any person or brand, or to misrepresent your identity, affiliation, or the nature of a destination;
• attempt to gain unauthorized access to the Service, other accounts, or our systems; bypass rate limits, authentication, or authorization controls;
• probe, scan, or test the vulnerability of the Service except in accordance with our security disclosure policy at /security;
• introduce malware, phishing payloads, or any code intended to disrupt or damage the Service or its users;
• send unsolicited communications (spam) or harvest contact information;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, except to the extent expressly permitted by applicable law;
• use automated tools to scrape, crawl, or extract data from the Service beyond rate limits or in violation of robots.txt;
• resell, rent, sublicense, white-label, or otherwise commercially exploit access to the Service without our prior written consent.

You will report any actual or suspected violation by another user to [email protected].

7.1 Links, tracking links, and link-in-bio

The Service lets you create trackable links, custom links, and a public link-in-bio page. You are solely responsible for those links and pages and for the destinations, offers, products, and content they point to. WhatWins is a neutral technical intermediary: we do not create, control, monitor, endorse, verify, or guarantee any third-party destination, product, offer, or website reached through a link or link-in-bio page made with the Service, and we are not responsible or liable for them, including for any scam, fraud, misrepresentation, defective or counterfeit product, or other loss arising from a destination or from a transaction with a third party. Anyone who follows such a link does so at their own risk and should exercise their own judgment. We may, at any time and without liability, disable, remove, or restrict any link or link-in-bio page we believe violates these Terms or applicable law or that creates risk for users or for us, but we have no obligation to monitor.

8. Talent records and age verification

Where you upload media or personal data depicting performers, models, or other talent, you warrant that:

• every depicted person was at least 18 years old at the time of recording or capture;
• you have obtained, and you maintain, all consents, releases, and model releases required by law for the processing and distribution you intend, including UAE law and any other jurisdiction in which you operate;
• you maintain age-verification records (including government-issued identification) consistent with applicable law, including U.S. 18 U.S.C. § 2257 record-keeping requirements where applicable, and you will produce these records to us promptly on request in good faith;
• you will not process data of any talent who has withdrawn consent or requested suppression of their data.

9. Service availability

We will use commercially reasonable efforts to make the Service available with monthly uptime of at least 99.0%, excluding scheduled maintenance announced at least 48 hours in advance, force majeure events, and outages caused by infrastructure providers or third-party platforms outside our reasonable control. Maintenance windows will be scheduled outside peak hours where feasible.

10. Intellectual property

The Service, including its design, features, source code, models, algorithms, user interface, and brand, is and remains the exclusive property of WhatWins and its licensors and is protected by UAE Federal Law No. 38 of 2021 on Copyrights and Neighboring Rights and other applicable intellectual-property law. Subject to your compliance with these Terms and timely payment of fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service during your subscription. No other rights are granted by implication or estoppel.

You may submit feedback and suggestions; we may use them without obligation to you and any improvements remain our property.

11. Third-party services and integrations

The Service integrates with third-party providers (for example, federated identity, social and commerce data providers, payment processing, affiliate tracking, and AI providers). Your use of these integrations is subject to the third-party's terms and privacy policy. We are not responsible for the availability, accuracy, or practices of third-party services.

12. Suspension and termination

You may terminate your account at any time through the Service settings. We may suspend or terminate access:

• immediately and without prior notice, if you breach Section 7 (Acceptable Use) or Section 8 (Talent records), if continued access would create legal risk for us or other users, or if required by law;
• on 10 business days' notice if you materially breach any other part of these Terms and fail to cure the breach within that period;
• for non-payment of fees that remain unpaid after reasonable retry and written notice;
• for convenience on 30 days' written notice, with a pro-rata refund of any unused prepaid fees.

On termination, you may request an export of your data for 30 days. After that period, your data is deleted from production within 30 days and from backups within 90 days, except as required by law.

Any provisions that by their nature should survive termination - including the licence terms for Your Content, intellectual property, indemnification, disclaimers, limitation of liability, governing law and dispute resolution, and this survival clause, survive termination or expiration of these Terms.

13. Indemnification

By you. You will defend and indemnify WhatWins and our affiliates, directors, officers, employees, and agents against any third-party claim, and pay damages and reasonable attorneys' fees awarded against or settlements approved by us, arising from (a) Your Content (including any links, destinations, and link-in-bio pages you publish), (b) your breach of Section 7 (Acceptable Use) or Section 8 (Talent records), or (c) your violation of applicable law in connection with the Service.

By us. We will defend you against any third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes that third party's intellectual-property rights, and we will pay damages and reasonable attorneys' fees awarded or settlements approved by us. If the Service is held or, in our opinion, likely to be held to infringe, we may (i) procure your right to continue using it, (ii) modify it to be non-infringing while preserving substantially equivalent functionality, or (iii) terminate the affected portion and refund prepaid unused fees. This indemnity does not apply to claims arising from (x) Your Content, (y) modifications not made by us, or (z) use of the Service combined with anything we did not provide.

The indemnified party will (1) promptly notify the indemnifying party of the claim, (2) give the indemnifying party sole control of the defense and settlement (subject to its inability to admit fault without consent), and (3) provide reasonable cooperation.

14. Disclaimer of warranties

Except as expressly stated in these Terms, the Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, or secure against all threats. The Service may contain or generate links to third-party websites and destinations, including links and link-in-bio pages created by other users; we do not control or endorse them and are not responsible for their content, availability, offers, or practices. Nothing in these Terms excludes or limits any warranty or liability that cannot be excluded or limited under applicable law.

No reliance on data. The Service surfaces data, metrics, scores, rankings, estimates, and insights compiled from third-party and publicly available sources. This information may be incomplete, inaccurate, out of date, estimated, or unavailable, and the underlying platforms may change, delay, restrict, or remove access to it at any time. We do not warrant the accuracy, completeness, timeliness, or availability of any data, metric, or insight, and you use it at your own risk. Nothing in the Service constitutes professional, legal, financial, tax, investment, or marketing advice, and you are responsible for independently verifying any information before relying on it for any decision.

Third-party platforms. WhatWins is not affiliated with, sponsored by, endorsed by, or otherwise associated with Instagram, Meta, TikTok, YouTube, Google, Shopify, or any other platform whose public data the Service may reference. All third-party names, logos, and trademarks are the property of their respective owners and are used only for identification. Your use of any third-party platform remains subject to that platform's own terms, and you are responsible for your own compliance with them.

AI features. Some features use automated and AI systems to generate drafts, summaries, breakdowns, or suggestions. These outputs may be inaccurate, incomplete, or unsuitable, may reflect the limitations and biases of the underlying models, and are provided without warranty. They are not advice. You are responsible for reviewing, editing, and verifying any output before relying on or publishing it, and for ensuring your use complies with applicable law and third-party rights.

No guaranteed results. We do not warrant or guarantee any particular outcome from use of the Service, including any level of growth, reach, views, engagement, sales, or revenue. Any examples or projections are illustrative only.

Beta and preview features. Features identified as beta, preview, early access, or experimental are provided “AS IS” for evaluation, may be changed or withdrawn at any time, may be less reliable, and are excluded from any service-availability commitment.

15. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, or anticipated savings, even if advised of the possibility of such damages.

Each party's aggregate liability arising out of or related to these Terms is limited to the fees you paid for the Service in the twelve (12) months immediately preceding the event giving rise to the claim. For users on a free trial or free plan, the cap is one hundred US dollars (USD $100). The foregoing limits do not apply to (i) your payment obligations, (ii) your indemnity obligations, (iii) liability for death or personal injury caused by negligence, (iv) fraud or willful misconduct, or (v) any liability that cannot be excluded or limited under applicable law (including consumer-protection law in the EEA, UK, and UAE).

16. Force majeure

Neither party will be liable for delay or failure to perform (excluding payment obligations) due to events beyond its reasonable control, including natural disasters, war, terrorism, riots, embargoes, labor disputes, internet outages, and acts of government.

17. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified by email and through the Service at least 15 days before taking effect. Continued use of the Service after the effective date constitutes acceptance. If you do not agree to a change, you must stop using the Service and may cancel for a pro-rata refund of any unused prepaid period.

18. Governing law and dispute resolution

These Terms are governed by the laws of the United Arab Emirates and the laws of the Emirate of Dubai applicable therein, without regard to conflict-of-laws principles.

Any dispute arising out of or related to these Terms will first be attempted to be resolved through good-faith negotiation. If not resolved within 30 days, the dispute will be referred to and finally resolved by arbitration administered by the Dubai International Arbitration Centre (DIAC) under its rules in force at the time of commencement. The seat will be Dubai, the tribunal will consist of one arbitrator, and the language will be English. Judgment on the award may be entered in any court of competent jurisdiction.

Waiver of class actions. To the maximum extent permitted by applicable law, disputes will be resolved on an individual basis only, and you and WhatWins each waive any right to bring or participate in any class, collective, consolidated, or representative action. This waiver does not apply where it is prohibited by the mandatory law of your country of residence.

Consumer carve-out. If you are an individual consumer in the EEA, the UK, or another jurisdiction whose law gives you the right to bring proceedings in the courts of your country of residence, nothing in this section limits that right, and the mandatory consumer-protection law of your country of residence continues to apply.

19. Notices and assignment

Notices to you may be given by email to the address on your account or through the Service. You consent to receive communications from us electronically, and agree that electronic communications satisfy any legal requirement that a communication be in writing. Notices to us must be sent to [email protected]. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets, on notice.

20. Severability and entire agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect. These Terms, together with the Privacy Policy, the DPA, and any other policies referenced in them, form the entire agreement between you and WhatWins and supersede all prior agreements and communications on the subject.

21. Contact

Legal: [email protected]
Billing: [email protected]
Trust & safety: [email protected]
Security: [email protected]
Entity: WhatWins FZ-LLC, Dubai, United Arab Emirates