Terms and Conditions

Agreement to These Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you" or "User") and Or Shemesh, an individual operating under the trade name "Winq" ("Winq", "we", "us", or "our"), concerning your access to and use of the Winq mobile application (the "Service").

By creating an account, downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

We may update these Terms from time to time. The "Last updated" date above reflects the most recent revision. Continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

About Winq

Winq is an AI-powered mobile application that helps users improve their dating conversations by analyzing chat screenshots and generating suggested replies, opening lines, and conversation insights. The Service is intended for personal, non-commercial use.

Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that:

• You are 18 years of age or older
• You have the legal capacity to enter into a binding agreement
• You will use the Service in compliance with these Terms and all applicable laws
• You are not barred from receiving services under the laws of your jurisdiction

We do not knowingly collect information from or provide the Service to anyone under 18. If we become aware that a user is under 18, we will terminate their account.

Your Account

To use the Service, you must create an account using a valid email address and password, or by signing in through Google. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorized use
• Providing accurate and complete information

You may not transfer or sell your account to another person. Each account is for a single individual.

Subscriptions and Payments

Subscription Plans

Winq offers paid subscription plans with different durations:

• 1 Month — billed monthly
• 3 Months — billed every three months
• 6 Months — billed every six months

Pricing is displayed in the Service before purchase. Prices are quoted in US dollars and converted to your local currency by the Apple App Store at checkout.

Billing

All subscriptions are processed through the Apple App Store. By purchasing a subscription, you agree to Apple's Terms and Conditions and authorize Apple to charge your payment method.

Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date. The renewal fee will match your originally selected plan's pricing at the time of renewal.

Cancellation

You can cancel your subscription at any time through your Apple ID settings:

iOS: Settings → [Your Name] → Subscriptions → Winq → Cancel Subscription

Cancellation takes effect at the end of your current billing period. You will retain access to paid features until then.

Refunds

All payments are processed by Apple. Refund requests must be submitted directly to Apple at reportaproblem.apple.com. Apple's refund decisions are final and made at Apple's sole discretion. We do not directly issue refunds.

Free Tier

The Service offers limited free use before requiring a subscription. The specific limits of free use are subject to change.

License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Service on a compatible mobile device that you own or control, solely for your personal, non-commercial use.

User Content

Your Uploads

The Service allows you to upload screenshots of your conversations ("User Content") for the purpose of receiving AI-generated analysis and suggestions.

Ownership

You retain all ownership rights in your User Content. We do not claim ownership over anything you upload.

License You Grant Us

By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and analyze your User Content solely for the purpose of providing the Service to you. This license terminates when you delete the content or your account, except to the extent we are required to retain it by law.

Your Responsibility

You represent and warrant that:

• You have all necessary rights to upload the User Content
• Your User Content does not infringe any third party's rights, including copyright, privacy, or publicity rights
• Your User Content does not violate any applicable laws

Prohibited Activities

You agree not to use the Service to:

• Engage in any illegal activity or violate any applicable law
• Harass, threaten, intimidate, or harm another person
• Impersonate another person or misrepresent your identity
• Upload content that is hateful, defamatory, or invades another person's privacy
• Upload content depicting or involving minors in any sexual context
• Use the Service to advertise or sell goods or services
• Sell, transfer, or share your account
• Reverse-engineer, decompile, or attempt to extract the source code of the Service
• Use automated systems (bots, scrapers) to access the Service
• Interfere with or disrupt the Service's operation or security
• Attempt to gain unauthorized access to other accounts or systems
• Upload viruses, malware, or any harmful code
• Use the Service to develop competing products

We reserve the right to suspend or terminate accounts that engage in any of these activities.

Intellectual Property

The Service, including its design, software, AI models, content, and trademarks, is owned by us or our licensors and is protected by intellectual property laws. Except for the limited license granted in these Terms, you receive no rights to the Service's intellectual property.

Third-Party Services and Links

The Service relies on third-party services including Apple, Google, Supabase, RevenueCat, Resend, and others to operate. The Service may also contain links to websites we do not own or control.

We are not responsible for the content, policies, or practices of these third parties. Your use of third-party services is governed by their own terms.

Copyright Infringement

If you believe that content on the Service infringes your copyright, please contact us at info@winqai.app with the following information:

• A description of the copyrighted work
• The location of the alleged infringing content
• Your contact information
• A statement that you have a good-faith belief that the use is unauthorized
• A statement that the information is accurate and that you are authorized to act on behalf of the copyright owner

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free
• AI-generated content will be accurate, appropriate, or successful
• The Service will meet your specific needs or expectations
• Defects will be corrected

The AI-generated suggestions provided by Winq are recommendations only. You are solely responsible for any messages you send and how you use the Service's output. We make no guarantees regarding dating outcomes, success rates, or the appropriateness of any AI-generated content for any specific situation.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Winq, its operator, and affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third party's rights
• Your User Content

Termination

By You

You may terminate your account at any time by using the "Delete Account" function in the Service. Upon deletion:

• Your account and personal data will be permanently removed
• Your active subscription will continue to bill unless you separately cancel it through Apple
• Some information may be retained as required by law

By Us

We may suspend or terminate your account at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Conduct that may harm other users or the Service
• Discontinuation of the Service

Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (such as ownership, indemnification, and limitations of liability) will survive.

Dispute Resolution

Informal Negotiations

Before filing a formal claim, you and we agree to attempt to resolve any dispute informally. The party raising the claim must send written notice to the other party describing the nature of the dispute. The parties will then engage in good-faith negotiations for at least thirty (30) days before pursuing further action.

Binding Arbitration

If the dispute cannot be resolved through informal negotiations, both parties agree that the dispute shall be resolved through binding arbitration, not in court, with the following exception: either party may bring an individual claim in small claims court.

Arbitration will take place in Israel and shall be conducted in English under the rules of a recognized arbitration body.

Class Action Waiver

You agree that disputes will be resolved on an individual basis, not as part of a class, collective, or representative action.

Exceptions

Notwithstanding the above, either party may seek equitable relief (such as an injunction) in any court of competent jurisdiction to protect intellectual property rights or confidential information.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law principles. Subject to the arbitration provisions above, you and we consent to the exclusive jurisdiction of the courts of Tel Aviv, Israel for any matters not subject to arbitration.

Apple-Specific Terms

If you accessed or downloaded the Service from Apple's App Store, the following additional terms apply:

• These Terms are between you and us only, not with Apple. Apple is not responsible for the Service or its content.
• The license granted is limited to use on Apple-branded products that you own or control.
• Apple has no obligation to provide maintenance or support for the Service.
• In the event of any failure to conform to applicable warranty, you may notify Apple, who will refund the purchase price; Apple has no other warranty obligation.
• Apple is not responsible for addressing any claims relating to the Service or your possession or use of it.
• Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the Service or your use of it infringes intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you.

Severability

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

No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

Contact

If you have questions about these Terms, contact us at:

Email: info@winqai.app Operator: Or Shemesh (d/b/a Winq) Location: Israel

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By using Winq, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.