User Agreement — Terms of Use for the “WINIO” Service

1. Key Terms and Definitions

• The “WINIO” Service (hereinafter also referred to as the “Service,” “Platform,” or “Site”) is the website of WINIO TECHNOLOGIES L.L.C, including all its sections, pages, elements, and functionality, accessible on the Internet at https://winio.ai/ , the copyright holder of which is WINIO TECHNOLOGIES L.L.C, and on which WINIO TECHNOLOGIES L.L.C publishes information for Users regarding various esports events within the scope of topics defined by WINIO TECHNOLOGIES L.L.C, including information about upcoming tournaments (matches), esports news, as well as “WINIO” AI predictions and advanced analytics on esports events, and through which WINIO TECHNOLOGIES L.L.C provides Users with Services as part of the Service’s Paid Features. The “WINIO” Service may also be provided by WINIO TECHNOLOGIES L.L.C to Users in the form of a mobile application;
• WINIO TECHNOLOGIES L.L.C (hereinafter also referred to as the “Company” or “Contractor”) — a legal entity registered in the United Arab Emirates in accordance with the United Arab Emirates law, which is the owner and operator of the Platform, whose details are specified in Section 16 of this User Agreement;
• User (hereinafter also referred to as “You,” “Customer”) — a legally competent natural person who has reached the age of 18, meets the other requirements specified in this User Agreement, and uses the Service;
• Free Features — features and materials of the Service available to the User within the Service without payment or registration, or after registration but without payment.
• Paid Features (hereinafter also “Services”) — features and materials of the Service, access to and the right to use which are provided to the User after registration for a fee, including Subscription Services or One-Time Services in accordance with the Offer Agreement for the Provision of Paid Services concluded between the User and WINIO TECHNOLOGIES L.L.C. The current version of the Offer Agreement for the Provision of Paid Services is always available at: https://winio.ai/offer ;
• Personal Account — the Service’s software interface for the User’s interaction with the Contractor within the scope of the User’s use of the Service, which constitutes the User’s account on the Service and becomes available to the User after initial registration on the Service in accordance with this Agreement;
• User Agreement (hereinafter also “Agreement” ) – this document containing the general terms of use of the Service and other provisions relating to the operation of the Service. The current version of the User Agreement is always available at: https://winio.ai/terms.

This Agreement may contain terms not defined above in this section. In such cases, the interpretation of such terms shall be in accordance with the text of the Agreement. In the absence of an unambiguous interpretation of a term in the text of the Agreement, the interpretation of the term shall be guided by: first and foremost - other official documents specified in Section 2.8 of the Agreement; secondly - the legislation of the United Arab Emirates; thirdly - in accordance with the information on the Service; and then - the established (common) usage on the Internet. The terms specified in this section of the Agreement, as well as other terms specified throughout the text of the Agreement, may be used in the singular or plural, and with an uppercase or lowercase letter, which does not affect their meaning or intent.

2. Subject Matter of the Agreement. Acceptance and Amendment of the Terms of the Agreement

2.1. This Agreement constitutes an offer by WINIO TECHNOLOGIES L.L.C, addressed to Users through the posting of the text of the Agreement on the Service, to use the Service under the terms set forth below, and governs the general procedure for the User’s use of the Service and its functionality, the procedure for interaction between the User and WINIO TECHNOLOGIES L.L.C when the User uses the Service and the information available therein, and also contains other provisions relating to the operation of the Service.

2.2. The Service, as well as any information (materials) provided by WINIO TECHNOLOGIES L.L.C to the User through the Service, whether within the scope of the Free Functionality or the Paid Functionality, is intended exclusively for the User’s personal, non-commercial use.

2.3. Before beginning to use the Service, the User is required to independently review the terms of the current version of this Agreement.

If any terms of this Agreement are unacceptable to you, you must immediately cease using the Service.

2.4. The following shall be deemed full and unconditional acceptance by the User of the terms of this Agreement:

• continued use of the Service after this Agreement is displayed (pop-up/banner/window with a request to accept the terms);
• checking (checking the box) in the “I accept the terms of the User Agreement” checkbox upon the first visit to the Service;
• any action aimed at using the Service’s functionality (including, but not limited to, any visit by the User to the Service via the Internet and/or through a mobile application, including downloading a mobile application for subsequent use of the Service, viewing materials available on the Service, searching for information on the Service, filtering data, following links, clicking, entering data and filling out forms, as well as performing any other actions on the Service aimed at its use).

2.5. WINIO TECHNOLOGIES L.L.C reserves the right, at its sole discretion, to amend and/or supplement the terms of this Agreement at any time. Notification of Users regarding changes/supplements to the text of this Agreement is provided by WINIO TECHNOLOGIES L.L.C by posting a new version of the Agreement on the Service, which shall take effect from the date of such posting, unless otherwise specified on the Service or in the text of the new version of the Agreement.

If a User continues to use the Service after the new version of the Agreement takes effect, the User thereby agrees to the amended terms of the Agreement set forth in the new version.

2.6. The current version of the Agreement is always available at: https://winio.ai/terms.

WINIO TECHNOLOGIES L.L.C has the right not to remove previous versions of the Agreement from the Service after posting a new version of the Agreement; but upon publication of the new version of the Agreement, that version becomes effective, and previous versions of the Agreement cease to be valid.

2.7. The User undertakes to regularly review the content of the current version of the Agreement while using the Service, including for the purpose of timely familiarization with changes and additions made to the text of the Agreement.

2.8. WINIO TECHNOLOGIES L.L.C also has the right to post on the Service other official documents governing the relations between the Parties when using the Service and interacting through the Service, which are binding on all Users of the Service, which the User is obligated to review independently and in a timely manner and accept their terms in the manner specified on the Service or in such documents.

Such documents include, but are not limited to:

• The Offer Agreement for the Provision of Paid Services, available at https://winio.ai/offer;
• The Privacy and Personal Data Processing Policy, available at: https://winio.ai/privacy.

3. User Requirements and Responsible Use

3.1. User Requirements

Pursuant to a decision adopted by WINIO TECHNOLOGIES L.L.C, as the owner of the Service, a mandatory condition for any use of the Service is the User’s compliance with all of the criteria listed below:

• Only an individual, acting in their personal capacity may be a User of the Service;
• the User must be 18 years of age or older as of the date of first use of the Service;
• as of the date of first use of the Service, the User must possess full legal capacity.

By beginning to use the Service in any manner, you confirm and warrant that you fully meet all of the criteria listed above.

In the event if, on the date you begin using the Service, any of the criteria listed above do not apply to you, or if, during your use of the Service, any of the criteria listed above cease to apply to you, and/or you cannot guarantee compliance with these criteria, you are required to cease any further use of the Service.

Any use of the Service by persons under the age of 18 or who do not have full legal capacity is prohibited.

3.2. Responsible Use

You agree to use the Service:

• for its intended purpose in strict accordance with the terms of this Agreement, as well as other official documents governing the relationship between the Parties when using the Service and interacting through the Service, which are binding on all Users of the Service, including, but not limited to, those specified in Section 2.8 of this Agreement;
• in compliance with the provisions of the current legislation of the United Arab Emirates, as well as, if applicable, in compliance with the provisions of the legislation of your country of residence;
• to use the Service, as well as any information and materials available on the Service, exclusively for personal, non-commercial purposes.

You also agree to:

• not use the Service for purposes prohibited by the applicable UAE legislation, as well as, if applicable, the laws of your country of residence;
• when using the Service, not to violate the rights of WINIO TECHNOLOGIES L.L.C, as the owner of the Service, or those of any third parties;
• when using the Service, not to interfere with the operation of the Service;
• not to distribute malicious content while using the Service;
• do not disclose your usernames, passwords, account details, or other data necessary for using the Service and accessing it to third parties;
• do not engage in any other actions that may be deemed by WINIO TECHNOLOGIES L.L.C as a violation of the terms of use of the Service and the information (materials) obtained through the Service.

We recommend that Users:

• independently assess any risks associated with the use of the Service, as well as any risks associated with the use of any information and materials available on the Service and decisions made based on them;
• set reasonable time limits for using the Service;
• take regular breaks while using it;
• not to view the content, information, and materials available on the Service as a guide for taking any subsequent actions or as a means of earning income.

Be sure to pay attention to the following signs in your behavior:

• loss of control over the time spent on the Service while analyzing events for which information is available on the Service and/or while analyzing information and materials obtained through the Service;
• an obsessive desire to “win back” losses or otherwise compensate for losses incurred from participating in esports events and/or other related events;
• neglecting personal, work-related, or financial obligations;
• an inability to independently limit use of the Service;
• deliberately concealing information about the use of the Service, about an obsession with esports and/or related events in the User’s life from loved ones.

If you feel that the use of the Service, the information and materials obtained through the Service, or any obsession with esports events and/or other related events is negatively affecting your life, health, or finances, we recommend that you stop using the Service and seek help from appropriate professionals. Seeking help from psychologists, psychiatrists, or specialized support organizations is a sign of responsibility.

4. Registration on the Service and Account

4.1. Without registration and subsequent authorization on the Service, the User has access to the information specified in Section 5.3.1 of this Agreement.

4.2. To access the full functionality of the Platform, the User must complete initial registration on the Service and subsequent authorization.

4.3. Registration on the Service

To register on the Service, the User must perform the following actions:

• enter the User’s email address in the registration form;
• confirm their agreement with the documents specified in the registration form;
• confirm the email address using the methods specified during registration or in a message sent by WINIO TECHNOLOGIES L.L.C to the email address you provided during registration;
• set a password of the User’s choosing in the registration form or generate a password via the registration form on the Service;
• provide other information about the User as required by the registration form on the Service, if applicable.

Registration on the Service is also available via the User’s account on third-party services such as Google or via the User’s account on other third-party services, a list of which is displayed to the User on the Service during registration, and such registration by the User on the Service using the User’s account on third-party services is carried out by performing the sequential actions specified in such services when transitioning from the Platform during the registration process.

After registering on the Service, the User’s account may be assigned an internal ID number.

4.4. Authorization in the Service

Authorization in the Service after registration is performed by the User by logging into the Service using:

• the email address specified by the User, which has been verified in the Service;
• the password used by the User to access the Service.

Authorization in the Service is also available to the User using the User’s account on Google or the User’s account on other third-party services, a list of which is displayed to the User in the Service during authorization; such authorization by the User in the Service using the User’s account on third-party services is carried out by performing a series of actions specified in such services when switching from the Platform during the authorization (login) process.

4.5. User’s Personal Account in the Service

After registering and authorizing in the Service, the User gains access to the User’s Personal Account in the Service (hereinafter – Personal Account), which is the User’s account in the Service.

In the Personal Account, the User may:

• provide additional information;
• make changes to previously provided information, including information provided during registration, for example, to change a password or email address if necessary;
• view the information displayed in the Personal Account;
• and perform other actions available to the User in the Personal Account.

4.6. User Responsibility for Account Security

You are fully responsible for:

• the confidentiality of your email address and password used to log in to the Service, as well as for the confidentiality of your account as a whole;
• all actions performed under your account;
• preventing unauthorized access to your account.

WINIO TECHNOLOGIES L.L.C is not liable for unauthorized access to your account if it occurred through no fault of ours.

You are prohibited from:

• registering more than one account per person, including by registering multiple accounts for a single User using different data or registration methods (multi-accounting);
• transfer your account to third parties;
• use other users’ data and/or accounts to continue using the Service;
• use someone else’s data to register and/or log in to the Service;
• use someone else’s accounts on Google to register and/or log in to the Service;
• engage in any other actions aimed at unauthorized, illegal, or improper access to the Service for its subsequent use, as well as actions that may be deemed by WINIO TECHNOLOGIES L.L.C as a violation of any terms of use of the Service.

Violation of any of the above provisions may constitute grounds for blocking the User’s account on the Service and its deletion.

Any actions in the Personal Account, as well as on the Service, its sections, and/or performed using them with the User’s login, password, or other data are deemed to have been performed by the User. Any person who has provided WINIO TECHNOLOGIES L.L.C with the information required to identify the User, or who uses the User’s data for registration and/or authorization on the Service, as well as for using the Service, for performing any actions in the User’s Personal Account, etc., is considered by WINIO TECHNOLOGIES L.L.C as an authorized representative of the User acting on behalf of and in the interests of the User.

4.7. Account Blocking or Deletion

4.7.1. The deletion of a User’s account on the Service may be carried out at the User’s own initiative, as well as at the initiative of WINIO TECHNOLOGIES L.L.C.

4.7.2. Deletion of a User’s account on the Service at the User’s initiative

For information security purposes, the User does not have access to the function of self-deletion of the account.

If the User decides to discontinue further use of the Service and intends to initiate the deletion of their account in connection with this, the User must submit a request to delete the account to the Service’s support team and, if necessary, fill out the appropriate form (application), if such a form or a link to fill it out is provided to the User by the Service’s support team in response to the request.

The Service’s support team verifies that the account belongs to the specific User who submitted the request for its deletion. The Service’s support team has the right to request any additional information from the User to verify that the account belongs to the User who submitted the request for its deletion. The duration of such verification shall not exceed 30 (thirty) calendar days from the date of receipt of the User’s request to delete their account on the Service.

If the verification confirms that the account belongs to the specific User who submitted the deletion request, WINIO TECHNOLOGIES L.L.C will delete the User’s account within 5 (five) business days from the date the verification is completed if the User does not have a valid paid Subscription to the Services within the Service or paid One-time Services (paid access to the Paid Features of the Service), and if the User has a valid paid Subscription to the Services within the Service or paid One-time Services (paid access to the Paid Features of the Service), the account will be deleted at the User’s request by WINIO TECHNOLOGIES L.L.C only after the expiration of the paid Subscription Period or the full utilization of the paid One-Time Services, respectively. However, if the User insists on deleting their account in the Service before the expiration of the paid Subscription Period or the full utilization of the paid One-Time Services, respectively, such an account shall be deleted; however, no refund will be issued to the User for the portion of the funds paid by the User for the remaining Subscription Period or for previously paid One-Time Services.

By initiating the deletion of the account, the User understands and agrees that the deletion of such an account is carried out by WINIO TECHNOLOGIES L.L.C based on the User’s voluntary request without reimbursement to the User of any expenses or losses in connection therewith. After the account is deleted, the history of views, purchases of Services, and other User actions on the Service using such an account shall not be made available to the User again, including, but not limited to, in the event of the User re-registering on the Service with a new account.

4.7.3. Blocking and/or deletion of the User’s account on the Service at the initiative of WINIO TECHNOLOGIES L.L.C

Blocking and/or deletion of the User’s account on the Service at the initiative of WINIO TECHNOLOGIES L.L.C without prior notice to the User and without making any payments to the User may be carried out by WINIO TECHNOLOGIES L.L.C in the event of any violation by the User of the terms of use of the Service and/or the provisions of this Agreement, as well as other documents binding on Users relating to the terms of use of the Service and posted by WINIO TECHNOLOGIES L.L.C on the Service and/or communicated by WINIO TECHNOLOGIES L.L.C to the User’s attention by any other means, including, but not limited to, in the event of:

• violation of the terms of use of the Service;
• unauthorized use of the Service, as well as information and materials obtained through the Service;
• data scraping or unauthorized access;
• any illegal activity;
• a threat to the security of the Service or other Users;
• attempts to circumvent restrictions or bypass security measures;
• the use of fake accounts;
• violation of the rights of WINIO TECHNOLOGIES L.L.C and/or any third parties.

The User’s account is also subject to deletion by WINIO TECHNOLOGIES L.L.C in the event that WINIO TECHNOLOGIES L.L.C decides to completely terminate the Service, effective from the date of termination specified in the termination notice, which is communicated to all Users by posting such notice on the Service by WINIO TECHNOLOGIES L.L.C on the Service at least 30 (thirty) calendar days prior to the date of such termination of the Service. In this case, if the User has a paid Subscription or One-time Services as of the date of the Service’s complete termination, a refund to the User of a portion of the funds paid for the remaining term of the Subscription or One-time Services within the scope of the Service’s Paid Features shall be made in accordance with the procedure and on the terms specified in the Contract-Offer for the Provision of Paid Services concluded between the User and WINIO TECHNOLOGIES L.L.C regarding the provision of paid services.

4.7.4. Upon deletion of the User’s account, whether at the User’s initiative or at the initiative of WINIO TECHNOLOGIES L.L.C, WINIO TECHNOLOGIES L.L.C shall have the right to retain the User’s personal data, as well as information regarding the User’s actions on the Service, for the purposes of:

• confirming the fact of the User’s use of the Service, including for the purpose of providing such information to authorized state bodies upon their request, in accordance with the legislation of the United Arab Emirates;
• resolving disputes between WINIO TECHNOLOGIES L.L.C and the User, both in pre-trial and judicial proceedings;
• for other purposes provided for by the legislation of the United Arab Emirates.

4.8. Use of the Service via the “WINIO” mobile app

The procedure for registration, authorization, and use of the Service via the ”WINIO” mobile application is governed by the Rules for Using the Service via the “WINIO” mobile app, available to the User within said mobile application.

5. Content and Functionality of the Service

5.1. The content and functionality of the Service, as well as its sections/modules, the information and scope of materials available on the Service, and the subject matter of the Service and the events covered are determined by WINIO TECHNOLOGIES L.L.C, as the owner of the Service, independently at its own discretion, and may not coincide with Users’ expectations or cover all events in the field of esports.

5. 2. The content and functionality of the Service available to the User may vary depending on whether the User has completed the registration and authorization procedures on the Service or not, as well as depending on whether the User uses the Free or Paid functionality within the Service.

5.3. Free functionality

5.3.1. Without registration and subsequent authorization on the Service, the following information is available to the User on the Service free of charge:

• general information available on the Service’s home page;
• general information available on the Service in the “Predictions” section, including details about current events, tournaments, upcoming matches within tournaments, information on odds for esports events according to the topics presented on the Service, as well as esports news according to the topics presented on the Service;
• general information about subscriptions available to Users and their pricing, posted on the Service in the “Subscriptions” section;
• general information about the Service in the “About the Product” section;
• the “Blog” section of the Service and general information posted in its subsections;
• links to the Service’s official documents.

5.3.2. WINIO TECHNOLOGIES L.L.C grants the User the right to use the following Service features free of charge after registration and authorization:

• viewing analytical materials (within the limits available in the free mode);
• access to information about esports events and teams;
• use of basic search and filtering tools;
• viewing statistics and rankings;
• access to the Personal Account and the functionality available therein;
• as well as other information specified in Section 5.3.1. of this Agreement.

5.4. Paid Functionality

Access to the Service’s Paid Functionality (including AI predictions, advanced analytics, and other paid features of the Service) requires the purchase of a paid Subscription to the Services and/or the ordering of paid One-Time Services in accordance with the terms of a separate Offer Agreement for the provision of paid services, available for review by the User at: https://winio.ai/offer. Information regarding the list, scope, and cost of Paid Services within the Paid Features of the Service is available to the User within the Service in the “Subscription” section regarding Subscription Services, as well as immediately prior to ordering One-Time Services via the Service regarding One-Time Services.

5.5. Changes to Functionality

Since the Service (including its modules and sections) is in a state of continuous expansion and updating of its capabilities, WINIO TECHNOLOGIES L.L.C reserves the right, without prior notice to the User, at any time and for any reason, including but not limited to the purposes of expanding or optimizing the functionality of the Service, its sections/modules, maintaining the competitiveness of its product in the market, as well as complying with the requirements of the legislation of the United Arab Emirates, at its discretion to carry out:

• refinement, redesign, or modification of the Service as a whole or its individual sections/modules;
• change, improve, add to, expand, or reduce the functionality of the Service;
• modify or remove individual functions, as well as change their names and composition;
• release new versions and updates of the Service, its sections/modules, or their individual parts/elements;
• establish the terms for providing access to the Service and its functionality, the terms of technical support and maintenance;
• suspend (temporarily or permanently) the operation of any individual functions of the Service and/or its sections/modules, as well as individual sections/modules as a whole;
• restrict access to functionality for security or maintenance purposes.

The necessity, timing, and procedure for WINIO TECHNOLOGIES L.L.C to perform the actions specified in this paragraph are determined by WINIO TECHNOLOGIES L.L.C independently. The fact that WINIO TECHNOLOGIES L.L.C possesses the aforementioned right does not entail an obligation to exercise it.

6. Informational Nature of Materials

6.1. All materials, forecasts, and information available to the User on the Service and/or through the Service:

• are intended solely for informational and analytical purposes;
• are of a reference and educational nature;
• do not constitute financial, investment, or legal advice;
• do not constitute recommendations for action.

6.2. Probabilistic nature of forecasts

• Any forecasts are probabilistic estimates, not guarantees;
• A high probability of an event does not mean it will necessarily occur.

6.3. WINIO TECHNOLOGIES L.L.C recommends:

• to view analytics as a supplementary analysis tool;
• not to rely solely on a single source of information;
• to consider a variety of factors in addition to forecasts.

6.4. Information on odds and available events:

• is provided for reference and informational purposes;
• may contain inaccuracies and errors;
• may be outdated;
• is used at the User’s own risk.

Information posted on partner websites may differ from the information available on the Service.

7. Intellectual Property

7.1. Ownership Rights and Exclusive Rights

The Service, its sections/modules, as well as all intellectual property used and posted on the Service, are the intellectual property of WINIO TECHNOLOGIES L.L.C or WINIO TECHNOLOGIES L.L.C’s partners (with respect to the information about WINIO TECHNOLOGIES L.L.C’s partners available on the Service), and are protected in accordance with the UAE legislation, as well as other applicable international laws.

The User is hereby notified and agrees that the Service, as well as all content of the Service, is protected by copyright and intellectual property rights, including:

• text, graphics, design, and code;
• logos and trademarks;
• analytical materials and statistics;
• AI models and forecasts;
• any graphic and animated images, illustrations, photos, and videos, with or without sound;
• databases;
• other means of individualization and other objects available on the Service.

7.2. The User has the right to use the content of the Service, as well as any information and materials available to the User through the Service, within the technical capabilities provided by the Service, exclusively for:

• personal, non-commercial use;
• personal informational purposes.

7.3. It is prohibited, without the written consent of WINIO TECHNOLOGIES L.L.C, to:

• disclose, copy, modify, reproduce, publish, display in a frame, or otherwise distribute the content of the Service, including, but not limited to, any information and materials available to the User through the Service, or otherwise transfer them to third parties, regardless of whether the User receives any income from such actions;
• use the Service, as well as any information and materials available to the User through the Service, for any purposes other than personal, non-commercial use;
• scrape data from the Service or use various programs, scripts, or other similar methods and means for automated access to the Service;
• alter, modify, adapt, decompile, disassemble, or perform any other actions on the Service’s object code, or create any derivative works based on the Service, its code, and/or any information and materials available to the User through the Service;
• transfer the rights to use the Service, as well as any information and materials available to the User through the Service, to third parties, including, but not limited to, by registering third parties on the Service, by granting third parties access to the User’s account, and/or by providing information that allows third parties to obtain such access.

The User’s performance of any of the actions specified above in this paragraph without the express written consent of WINIO TECHNOLOGIES L.L.C constitutes a violation of the provisions of this Agreement, regardless of whether such actions are performed in the User’s own interest or in the interest of third parties, and regardless of whether the User derives any -benefit from this or not.

7.4. By beginning to use the Service, the User also warrants that they do not and will not perform any actions aimed at circumventing technical safeguards against unauthorized use of the Service, in particular, taking measures to circumvent the system of territorial restrictions based on IP addresses, as well as any other actions aimed at disrupting the normal operation of the Service.

7.5. Any violation by Users of any provision of this section of the Agreement shall constitute grounds for WINIO TECHNOLOGIES L.L.C to block the User’s account, including its subsequent deletion, as well as to terminate the User’s access to the Service and any of its features, information and materials posted on the Service and/or provided to the User through the Service, without the User having the right to demand from WINIO TECHNOLOGIES L.L.C a refund of any funds paid by the User or any other compensation.

In addition, WINIO TECHNOLOGIES L.L.C may take any actions aimed at holding the User liable under civil, administrative, and/or criminal law for such violations in accordance with the legislation of the United Arab Emirates and/or other applicable international law.

8. Limitation of Liability and Disclaimers

8.1. By accepting the terms of this Agreement, the User acknowledges, fully understands, and agrees that the Service, as well as its sections/modules, are provided by WINIO TECHNOLOGIES L.L.C for access by Users on an “as is” basis, and that WINIO TECHNOLOGIES L.L.C makes no warranties to the User regarding:

• the accuracy, completeness, or timeliness of the information;
• the absence of errors or defects in the operation of the Service (including its parts, sections, elements, modules, etc.);
• the continuous availability or uninterrupted operation of the Service (including its parts, sections, elements, modules, etc.);
• the availability of information and materials posted on the Service at any time, or that such information and materials will not be removed;
• the compliance of the Service’s functional capabilities (including its parts, sections, elements, modules, etc.), as well as the materials and information available to the User on the Service, meet the User’s expectations, needs, and/or perceptions;
• the User obtaining financial or other results from using the Service and/or the information and materials received by the User through the Service.

At the same time, WINIO TECHNOLOGIES L.L.C guarantees that:

• The Service, its sections/modules, and their individual parts/elements, as computer software, do not contain malicious programs and/or their components, nor do they serve as a means for their distribution or the illegal collection of third-party information;
• The Service, its sections/modules, their individual parts/elements, as well as other materials and information provided to the User through the Service, do not contain information constituting state secrets of the United Arab Emirates, and that the use of the Service does not entail violations of the requirements of the United Arab Emirates legislation, including in the field of information security and state secrets.

8.2. WINIO TECHNOLOGIES L.L.C ensures the uninterrupted operation of its equipment used to provide the Service, except in cases of scheduled maintenance, work caused by equipment or software malfunctions, as well as in cases where WINIO TECHNOLOGIES L.L.C is unable to fully utilize its own resources due to the actions or inaction of third parties and/or the inoperability of transport and information channels, as well as in the event of accidents or force majeure.

In this regard, the User understands and agrees that the operation of any equipment, software, and the Service itself is not free from errors and malfunctions.

In the event that if malfunctions in the Service or its unavailability to Users result from disruptions in the operation of the equipment or software of WINIO TECHNOLOGIES L.L.C arising from culpable actions or omissions of WINIO TECHNOLOGIES L.L.C (its employees), and are not related to other circumstances specified in this paragraph above, WINIO TECHNOLOGIES L.L.C undertakes to immediately, upon detection of such malfunctions or failures, begin rectifying them in order to restore the Service’s availability to Users and its normal operation, as well as, where possible, to notify the User of such failures or unavailability of the Service as soon as possible.

In the event that scheduled and preventive maintenance is required as part of the ongoing technical maintenance of WINIO TECHNOLOGIES L.L.C’s equipment, scheduled software updates for WINIO TECHNOLOGIES L.L.C, and/or the need for other scheduled and preventive maintenance by WINIO TECHNOLOGIES L.L.C that affects the operation or availability of the Service, WINIO TECHNOLOGIES L.L.C will schedule such work for times of lowest traffic on the Service (including, where possible, conducting it at night), and further undertakes to provide notice at least 24 (twenty-four) hours prior to the commencement of such work by posting information on the Service regarding the date and time of such work and the duration of any possible interruptions in the Service’s operation due to such work.

8.3. WINIO TECHNOLOGIES L.L.C shall not be liable for:

• direct, indirect, incidental, or punitive damages, lost profits, lost benefits, loss of income, profits, or business opportunities, the User’s failure to achieve any financial results, as well as for any indirect losses incurred by the User in connection with the use of the Service, during the period of its use or non-use, including, but not limited to, in connection with the further use of information and materials obtained in the course of using the Service;
• any losses arising from the use or inability to use the Service;
• non-conformity of the Service’s functional capabilities (including its parts, sections, elements, modules, etc.), as well as the materials and information available to the User on the Service, with the User’s expectations, needs, and/or perceptions;
• errors in the interpretation of information;
• any actions or decisions made or taken by the User based on information and materials posted on the Service and/or received by the User through the Service, and their consequences;
• technical issues, service interruptions, or unavailability of the Service;
• for any damages and losses of any kind incurred by the User due to the disclosure and/or loss of the User’s data necessary to access the Service, its sections, and/or the Personal Account, arising through no fault of the Provider, as well as for the loss or termination of the User’s access to the email address specified during registration or when the User changes such address via the Personal Account, including, but not limited to, in the event of the User’s failure to receive or untimely receipt from WINIO TECHNOLOGIES L.L.C due to the loss and/or disclosure of their data necessary to access the Service, its sections, and/or the Personal Account, as well as in connection with any actions performed by third parties on the Service, in its sections, and/or in the User’s Personal Account using such data;
• the User’s lack of access to the Service, all or certain sections thereof, due to the unavailability or malfunctions of the Internet not attributable to WINIO TECHNOLOGIES L.L.C, the User’s lack of the necessary technical equipment and software to access and use the Service, for the failure to display or incorrect display on the User’s technical devices of information and materials available on the Service, for delays, interruptions in operation, and the inability to fully use the Service, occurring directly or indirectly due to the actions or inactions of third parties and/ or the inoperability of communication channels, in other similar cases, provided this is not related to the operability of the Service itself on the part of WINIO TECHNOLOGIES L.L.C, as well as for the User’s inability to use the Service due to the User’s lack of the necessary knowledge or skills in working with the Service;
• the inability to use the Service if this results from the User’s failure to provide the necessary information or the provision of incomplete or inaccurate information required to grant access to the Service;
• any actions of the User within the Service, as well as for any violations by the User of the terms of this Agreement, and other documents binding on Users regarding the procedure for using the Service and posted by WINIO TECHNOLOGIES L.L.C on the Service;
• in other cases expressly specified in this Agreement, in other documents relating to the terms of use of the Service and posted by WINIO TECHNOLOGIES L.L.C on the Service and/or brought to the User’s attention by other means, as well as in other cases in accordance with the provisions of the current legislation of the United Arab Emirates.

WINIO TECHNOLOGIES L.L.C shall also under no circumstances be liable for:

• any information, goods, works, or services of third parties, for the operability, security, and error-free operation of their resources, as well as for their failure to perform or improper performance of their obligations to the User, even if information about them is available to the User on the Service;
• any unlawful actions of any third parties;
• violation of third-party rights resulting from the User’s actions performed using the Service, as well as for any unlawful actions of any Users of the Service;
• the content of information stored, published, or distributed by Users via the Internet and within the Service, including, but not limited to, reviews of the Service posted by Users.

8.4. The User is notified and agrees that, to the maximum extent permitted by the applicable UAE legislation, the liability of WINIO TECHNOLOGIES L.L.C for any documented harm and any confirmed losses caused to the User by WINIO TECHNOLOGIES L.L.C is limited to the amount actually paid by the User for access to the Paid Features only for the period during which WINIO TECHNOLOGIES L.L.C committed the violations, or 0 (zero) dollars if the User uses exclusively the Free Features.

8.5. WINIO TECHNOLOGIES L.L.C does not provide financial or legal advice through the Service or otherwise.

8.6. Any opinions, analyses, and materials posted by the User on the Service and/or otherwise distributed by the User represent solely the viewpoint of the User as their author and may not coincide with the official position of WINIO TECHNOLOGIES L.L.C, nor does WINIO TECHNOLOGIES L.L.C bear any responsibility for such actions of the User or the information distributed by them.

8.7. By beginning to use the Service, the User acknowledges and agrees that they are solely responsible for:

• the security of any of their logins, passwords, and other data used to access the Service, including the Personal Account;
• promptly notifying WINIO TECHNOLOGIES L.L.C of any changes to their data and details required for registration, authorization, and/or use of the Service;
• any actions performed by the User or on behalf of the User within the Service and their consequences;
• the further use of information and materials available to the User within the Service, for any further actions and decisions made and carried out by the User based on and/or using the information and materials available to the User within the Service, as well as for any consequences of such actions and decisions;
• transitioning from the Service via any links to third-party resources and for any actions performed by the User on such resources, and for any consequences of such actions;
• any information stored, published, or otherwise distributed by the User via the Internet and within the Service;
• violation of third-party rights arising from the User’s actions performed using the Service, as well as for any other actions of the User, including unlawful ones;
• any violations by the User of the terms of this Agreement, as well as other documents binding on Users relating to the procedure for using the Service and posted by WINIO TECHNOLOGIES L.L.C on the Service and/or brought to the User’s attention by WINIO TECHNOLOGIES L.L.C in any other manner.

The User shall also be solely liable in other cases specified in this Agreement, in other documents relating to the procedure for using the Service and posted by WINIO TECHNOLOGIES L.L.C on the Service and/or communicated by WINIO TECHNOLOGIES L.L.C to the User by any other means, as well as in other cases in accordance with the provisions of the current legislation of the United Arab Emirates and/or other legislation applicable to the User.

8.8. The User shall independently provide themselves with all necessary technical equipment, software, Internet access, and other resources required to use the Service.

8.9. If any actions or omissions of the User result in losses to WINIO TECHNOLOGIES L.L.C, the User, upon written demand from WINIO TECHNOLOGIES L.L.C, undertakes to compensate for such losses in full within the period specified in such demand.

9. Processing of Personal Data

9.1. WINIO TECHNOLOGIES L.L.C processes Users’ personal data in accordance with the terms of WINIO TECHNOLOGIES L.L.C’s Privacy and Personal Data Processing Policy, available at: https://winio.ai/privacy .

9.2. The processing of the User’s personal information (personal data) is limited to the specific purposes of such processing set forth in the Privacy and Personal Data Processing Policy, published on the Service, which the User undertakes to review independently before beginning to use the Service. In doing so, the User, as a natural person and data subject, by performing actions on the Service that confirm their review and acceptance of the terms of the Privacy and Personal Data Processing Policy, gives their consent to the processing of personal information (including their personal data) by the Service Provider, as well as by persons engaged by the Service Provider, under the terms specified in the Privacy and Personal Data Processing Policy for the purposes set forth in said document.

9.3. WINIO TECHNOLOGIES L.L.C implements technical and organizational measures to protect Users’ personal data; however, complete security cannot be guaranteed, and the User uses the Service at their own risk.

10. Affiliate Model and Commercial Relationships

10.1. WINIO TECHNOLOGIES L.L.C uses an affiliate monetization model. This means that WINIO TECHNOLOGIES L.L.C may receive compensation from partners for:

• Users clicking through from the Service via affiliate links;
• registration of new users from among Service Users on partner websites;
• other User activity on partner websites.

10.2. Notwithstanding the existence of affiliate relationships, the analytics and forecasts posted by WINIO TECHNOLOGIES L.L.C on the Service are based on objective data and are independent of the financial interests of partners and any relationships between WINIO TECHNOLOGIES L.L.C and its partners. WINIO TECHNOLOGIES L.L.C strives to ensure the objectivity and accuracy of such analytical materials.

10.3. Information about partners is posted on the Service in accordance with the requirements of the United Arab Emirates law.

10.4. Notwithstanding any other provisions of this section of the Agreement, WINIO TECHNOLOGIES L.L.C shall not be liable for any information, goods, works, or services provided by such parties, for the operability, security, and error-free operation of their resources, or for their failure to perform or improper performance of their obligations to the User, even if information about them is available to the User on the Service.

11. Reviews/Comments

11.1. WINIO TECHNOLOGIES L.L.C has the right to provide Users with the opportunity to post reviews/comments regarding the operation and use of the Service in a special section of the Service, as well as the opportunity to post such reviews/comments on the pages/accounts/channels of WINIO TECHNOLOGIES L.L.C on social media and/or other resources of WINIO TECHNOLOGIES L.L.C.

In addition, WINIO TECHNOLOGIES L.L.C does not restrict the User from posting their reviews/comments regarding the operation of the Service and the use of the Service on the User’s own social media accounts, as well as on other resources not owned by WINIO TECHNOLOGIES L.L.C.

11.2. Regardless of the location and method by which the User posts such reviews/comments, the Contractor does not control or moderate/censor any such reviews/comments or their content, nor does it conduct any preliminary review of the information contained therein prior to or during its publication.

However, the Contractor reserves the right at any time, without notifying the User, at the request of third parties and/or at its own discretion, to remove such reviews/comments from the Service and/or other resources of WINIO TECHNOLOGIES L.L.C, if such reviews/comments violate the Service’s rules and policies, infringe upon the rights and legitimate interests of WINIO TECHNOLOGIES L.L.C and/or third parties, including if they are illegal, inaccurate, and/or violate the provisions of applicable UAE legislation, and in similar cases, has the right to demand the removal of such reviews/comments from other resources not belonging to WINIO TECHNOLOGIES L.L.C.

11. 3. When using the Service, the User is prohibited from uploading, publishing, providing access to, or otherwise distributing, including in the form of reviews/comments, any information that:

• is vulgar, indecent, offensive, or contains profanity;
• contains threats, discredits, defames the honor, dignity, or business reputation of Users or third parties, or violates their privacy;
• promotes and/or contributes to the incitement of racial, religious, or ethnic hatred or hostility, or promotes fascism or the ideology of racial superiority;
• is judgmental in nature regarding any individuals, their views, opinions, or abilities;
• contains restricted information, including, but not limited to, trade secrets, information about the private lives of third parties, or information constituting state or other secrets specifically protected by law;
• contains advertising for the User, any third parties, their goods, works, and services, or contains links to third-party resources;
• constitutes the intellectual property of third parties who have not granted the User permission to use it;
• contains public calls to carry out terrorist activities, publicly justifies terrorism, contains extremist materials, promotes a cult of violence and cruelty, contains descriptions of means and methods of suicide, any incitement to commit suicide, promotes criminal activity, or contains advice, instructions, or guides on committing criminal acts, criminal offenses, and administrative violations;
• is pornographic or otherwise obscene in nature;
• constitutes fraudulent information;
• is directed at minors and/or violates the rights of minors;
• otherwise violates the rights and interests of citizens and legal entities or the requirements of the current applicable UAE legislation, as well as other legislation applicable to the User.

A violation by the User of any of the above provisions constitutes a breach of the terms of this Agreement.

11.4. WINIO TECHNOLOGIES L.L.C has the right, at its sole discretion, at any time, without explanation and without notifying the User, to restrict or remove from the Service the function of posting reviews/comments, as well as to restrict or prohibit their posting on the pages/accounts/channels of WINIO TECHNOLOGIES L.L.C on social media and/or other resources of WINIO TECHNOLOGIES L.L.C.

11.5. By posting a review/comment, the User warrants that they are its sole author and grants WINIO TECHNOLOGIES L.L.C the right to publish the User’s review/comment free of charge and, under a simple non-exclusive license, to use it in any manner, including, but not limited to, reproduction, distribution, public display, publication, and disclosure to any third parties, throughout the world for the entire duration of the exclusive right, either anonymously or with the User’s name or nickname as specified by the User in their profile on the Service, or with the User’s data specified by the User when leaving a review/comment, or by displaying publicly available data from the User’s account, in the event that the User left their review on the pages/in the accounts/on the channels of WINIO TECHNOLOGIES L.L.C on a social network from their account on the same social network, as the author of such a review.

12. Posting of Advertising and Informational Materials, Mailings

12.1. Posting of Advertising and Informational Materials on the Service

WINIO TECHNOLOGIES L.L.C holds the exclusive right to post advertising and informational materials on the Service, on the pages/accounts/channels of WINIO TECHNOLOGIES L.L.C on social media, and/or on other resources of WINIO TECHNOLOGIES L.L.C.

The placement of any advertising and informational materials by the User on the Service, on the pages/accounts/channels of WINIO TECHNOLOGIES L.L.C on social media, and/or on other WINIO TECHNOLOGIES L.L.C resources without the separate written consent of WINIO TECHNOLOGIES L.L.C for their placement is strictly prohibited.

WINIO TECHNOLOGIES L.L.C has the right, without the User’s consent, to post advertising and informational materials, as well as to display them:

• in any section of the Service;
• in any sections of other WINIO TECHNOLOGIES L.L.C resources;
• by publishing them on the pages/accounts/channels of WINIO TECHNOLOGIES L.L.C on social media;
• in any other manner that does not require the User’s consent, but in compliance with other requirements of the current UAE legislation.

The User is obligated to refrain from using software and technology that blocks the display of advertising and/or informational materials to the User on the Service or any other resources of WINIO TECHNOLOGIES L.L.C (such as AdBlock or similar technologies), as this may result in the incorrect display to the User of other information and materials posted on the Service and available to the User during its use, as well as the inability to convey important information about the Service’s operation to the User.

If the User employs AdBlock or similar technologies while using the Service, WINIO TECHNOLOGIES L.L.C shall not be liable for the incorrect display to the User of other information and materials posted on the Service and available to the User while using it, for the failure to convey important information about the operation of the Service to the User, or for the User’s inability to access such information and materials.

12.2. Mailings to Users

WINIO TECHNOLOGIES L.L.C has the right, without the User’s separate consent, to send the User, to the email address provided by the User upon registration with the Service or upon the User’s change of such address via the Personal Account, informational messages directly related to the operation of the Service, changes in the operation of the Service, suspension or termination of the Service, information regarding changes to the functionality or the list of Services included in the Subscription purchased by the User, other informational content directly related to the operation of the Service, the use of the Service, and/or paid services ordered by the User through the Service.

After the User consents to receiving promotional messages from WINIO TECHNOLOGIES L.L.C by checking the corresponding checkbox in the Service during registration, WINIO TECHNOLOGIES L.L.C is also entitled to send the User promotional messages to the email address provided by the User during registration or upon such address through the Personal Account, advertising messages. In this case, the User has the right to opt out of receiving advertising messages at any time in the manner specified in the message received.

13. Governing Law and Dispute Resolution

13.1. This Agreement is governed by the UAE legislation. All issues arising between the User and WINIO TECHNOLOGIES L.L.C that are not resolved by this Agreement, as well as by other documents relating to the terms of use of the Service and posted by WINIO TECHNOLOGIES L.L.C on the Service and/or brought to the User’s attention to the User’s attention by any other means, shall be governed by and construed in accordance with the applicable UAE legislation.

With respect to the User’s use of the Service’s Free Features, the consumer protection provisions provided for by the laws of the United Aram Emirates shall not apply to the relationship between the User and WINIO TECHNOLOGIES L.L.C.

13.2. The Parties shall endeavor to resolve any disputes, disagreements, and claims that may arise between them through negotiations in compliance with the mandatory pre-litigation claim resolution procedure, unless otherwise expressly specified in this Agreement for specific cases.

Claims by WINIO TECHNOLOGIES L.L.C from the User shall be sent from the User’s email address specified by the User upon registration with the Service or upon the User’s change of such address via the Personal Account, to the email address of the Service Support Team hi@winio.ai, and, if necessary, upon request by WINIO TECHNOLOGIES L.L.C, also sent in writing on paper with the User’s handwritten signature to the legal address of WINIO TECHNOLOGIES L.L.C specified in Section 17 of this Agreement.

Claims against the User by WINIO TECHNOLOGIES L.L.C are sent from any email address of WINIO TECHNOLOGIES L.L.C in the @winio.ai domain to the User’s email address specified by the User upon registration with the Service or upon the User’s change of such address via the Personal Account.

The period for reviewing a claim and for one Party to send the other Party a response (objection) thereto is 30 (thirty) calendar days from the date of receipt of the claim.

If disputes between the User and WINIO TECHNOLOGIES L.L.C are not resolved through negotiations between the Parties or through the pre-trial claims procedure, they shall be considered in accordance with the procedure provided for by the current legislation of the United Arab Emirates in the court at the location of WINIO TECHNOLOGIES L.L.C.

For the purpose of resolving disputes between the Parties both through pre-litigation and judicial proceedings, each Party shall have the right to resolve such disputes independently and/or by engaging third parties as representatives (lawyers, attorneys, or other persons who, in accordance with the provisions of applicable UAE legislation, may act as authorized representatives of the relevant Party in the resolution of disputes), provided that the powers of such representatives are confirmed by a relevant power of attorney or other document confirming their authority, drawn up in accordance with the requirements of applicable UAE legislation. In this regard, the provision of information to such persons, as well as to a court in the context of dispute resolution, shall not be considered a violation of the confidentiality of information and personal data.

14. Contact Information

To contact WINIO TECHNOLOGIES L.L.C:

• Email: hi@winio.ai
• Feedback form, if provided by the Service’s functionality
• Official channels: social media and Winio’s official pages

15. Other Terms

15.1. Nothing in this Agreement shall be construed as establishing an agency relationship, partnership, joint venture, employment relationship, or any other relationship between the User and WINIO TECHNOLOGIES L.L.C that is not expressly provided for in the Agreement.

15.2. If any provision of this Agreement is or becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

15.3. The failure of WINIO TECHNOLOGIES L.L.C to enforce any provision of this Agreement, including, but not limited to, inaction on the part of WINIO TECHNOLOGIES L.L.C in the event of a User’s breach of the provisions of this Agreement, shall not constitute a waiver of such right by WINIO TECHNOLOGIES L.L.C, shall not deprive WINIO TECHNOLOGIES L.L.C of the right to take appropriate action at a later time, and does not affect its ability to enforce such terms in the future.

15.4. WINIO TECHNOLOGIES L.L.C has the right, at its discretion and without the User’s consent, to engage any third parties to fulfill its obligations under the Agreement.

15.5. This Agreement is drafted in English and, in some cases, may be provided (made available) to the User for review in another language. In the event of any discrepancy between the English-language version of the Agreement and the version of the Agreement in another language, the provisions of the English-language version of this Agreement shall prevail.

16. Effective Date

The date of publication and effective date of the relevant version of the User Agreement is indicated at the beginning of the User Agreement, following the document title.

This Agreement has the legal force of a contract between the User and WINIO TECHNOLOGIES L.L.C regarding the terms of use of the Service, concluded for an indefinite term, applies to all Users who access and use the Service, and supersedes all prior agreements between the User and WINIO TECHNOLOGIES L.L.C.

17. Details of WINIO TECHNOLOGIES L.L.C

Name: LIMITED LIABILITY COMPANY “WINIO TECHNOLOGIES” (L.L.C “WINIO TECHNOLOGIES”)

Legal Address: Office 1702-88, Ontario Tower - C1702, Business Bay, Dubai, 000000

Tax Registration Number: 105175221800001

License Number: 1553949

Email: hi@winio.ai

Bank details:

Account number: 9472938629

IBAN: AE140860000009472938629

Bank: WIO Business