These Terms of Service ("Terms") are a binding agreement between you ("you" or "User") and Winsome Marketing ("Winsome Marketing," "we," "us," or "our") governing your access to and use of Ask Wynn (the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. By using the Service, you represent that you meet this requirement and that you have the authority to enter into these Terms.
2. Accounts
You must create an account to access certain features. You agree to provide accurate information, keep it up to date, and keep your login credentials confidential. You are responsible for all activity under your account. Notify us immediately at joy@winsomemarketing.com if you suspect unauthorized use.
3. Subscriptions and Payment
Certain features require a paid subscription. Payments are processed by our third-party payment processor, Stripe, and are subject to Stripe's terms. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.
Cancellation: You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period, and you retain access until then.
No refunds: Fees already charged for a billing period are non-refundable, including for partial use, except where required by law.
Price changes: We may change subscription pricing with advance notice; continued use after a price change takes effect constitutes acceptance.
4. The Service and AI-Generated Content
The Service uses artificial intelligence, including a third-party large language model provided by Anthropic, to generate responses to your inputs ("Outputs"). You understand and agree that:
- Outputs are generated automatically and may be inaccurate, incomplete, or out of date.
- The Service is provided for informational purposes only and does not constitute accounting, legal, tax, financial, or other professional advice. You should not rely on Outputs as a substitute for advice from a qualified professional, and you are responsible for independently verifying any information before relying or acting on it.
- We do not guarantee that Outputs are accurate, reliable, or suitable for any particular purpose.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation
- Submit content that is infringing, defamatory, obscene, or that violates the rights of any third party
- Attempt to reverse-engineer, decompile, or extract the underlying models or source code of the Service
- Use automated means (bots, scrapers) to access the Service without our prior written consent
- Interfere with or disrupt the integrity or performance of the Service
- Use Outputs to train, develop, or improve a competing AI model or service
- Misrepresent Outputs as being fact-checked, professionally reviewed, or officially endorsed advice
- We may suspend or terminate your access if we reasonably believe you have violated these Terms.
6. User Content and Ownership
You retain ownership of the content you submit to the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and transmit it as necessary to operate and improve the Service, including transmitting it to Anthropic for processing.
As between you and Winsome Marketing, you own the Outputs generated in response to your User Content, subject to the disclaimers in Section 4 and to Anthropic's underlying terms governing the AI model. We make no claim of ownership over your User Content or your Outputs.
7. Intellectual Property
The Service, including its software, design, branding, and all content we provide (excluding User Content and Outputs), is owned by Winsome Marketing or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. All rights not expressly granted are reserved.
8. Third-Party Services
The Service relies on third-party providers, including Anthropic (AI processing) and Stripe (payment processing). Your use of the Service is also subject to the applicable terms of those providers. We are not responsible for the acts, omissions, or availability of third-party services.
9. Disclaimers
THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINSOME MARKETING AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 IF YOU HAVE NOT PAID US ANYTHING.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
11. Indemnification
You agree to indemnify and hold Winsome Marketing harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your User Content, or your violation of these Terms.
12. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that violates these Terms or for any other reason at our discretion. You may stop using the Service and close your account at any time. Sections that by their nature should survive termination (including Sections 4, 6–11, and 13) will survive.
13. Dispute Resolution — Binding Arbitration and Class Action Waiver
Please read this section carefully — it affects your legal rights.
Agreement to arbitrate. You and Winsome Marketing agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding, individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court.
Class action waiver.You and Winsome Marketing agree that any arbitration or proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims.
Opt-out. You may opt out of this arbitration agreement by emailing joy@winsomemarketing.com within 30 days of first accepting these Terms, stating your name and intent to opt out of arbitration. If you opt out, disputes will be resolved in the courts described in Section 14.
14. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. If the arbitration agreement in Section 13 does not apply to a dispute (including because you opted out), you and Winsome Marketing agree to the exclusive jurisdiction of the state and federal courts located in Delaware.
15. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you (for example, by posting a notice in the Service or updating the "Effective Date" above). Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
16. General
These Terms constitute the entire agreement between you and Winsome Marketing regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
17. Contact Us
Winsome Marketing
Email: joy@winsomemarketing.com