Agreement and eligibility
These Terms of Use (“Terms”) are a binding agreement between you and Burkisoy Enterprises LLC, a New Mexico limited liability company operating WinProducts, for access to winproducts.io, its applications, data views, reports, AI-assisted features, APIs if offered, and related services (collectively, the “Service”). By creating an account, purchasing a plan, or using the Service, you accept these Terms and our Privacy Policy.
You must be at least 18 years old and legally able to enter into this agreement. If you use the Service for an organization, you confirm that you have authority to bind that organization.
What WinProducts provides
WinProducts is an independent product and creator intelligence service. It helps users research observable social-commerce signals, compare products and creators, save research, and request AI-assisted analyses.
WinProducts is not TikTok, ByteDance, a seller, a creator marketplace, an investment adviser, or a guarantee of sales. References to third-party platforms and trademarks identify data sources or destinations only and do not imply affiliation, endorsement, or sponsorship.
Accounts and access
- Provide accurate registration information and keep it current.
- Keep authentication methods secure and promptly report suspected unauthorized access.
- Use only the number of seats and users included in your plan.
- Do not share, sell, transfer, or publicly expose account access.
- You are responsible for activity performed through your account unless caused by our breach.
Market data and estimates
The Service combines licensed, public, observed, derived, and estimated market information. Metrics such as sales, GMV, engagement, growth, opportunity scores, and creator performance can be delayed, incomplete, sampled, modeled, or revised. Labels in the interface identify estimates where practical.
Data is provided for research and decision support. You must independently verify material decisions. We do not promise that any product, video, creator, shop, hook, or strategy will perform, remain available, or comply with a third party’s rules.
Acceptable use
You may use the Service for your internal lawful business research. You may not:
- resell, sublicense, rent, time-share, republish, or commercially redistribute the Service or a substantial part of its data;
- scrape, crawl, automate, bulk-download, or bypass technical limits except through an expressly authorized API or export feature;
- reverse engineer the Service, derive source code, defeat access controls, or test security without written permission;
- use shared credentials, create accounts to evade limits, or manipulate credits, trials, billing, or security checks;
- use WinProducts data or outputs to build, train, benchmark, or enrich a competing product, dataset, or machine-learning model;
- use the Service to harass, profile sensitive traits, make high-impact eligibility decisions, violate privacy or intellectual-property rights, or break applicable law;
- misrepresent estimates as verified facts or imply endorsement by a product, creator, shop, or platform.
Reasonable manual excerpts may be used in internal presentations if the source is identified and the excerpt does not expose protected access or substitute for a subscription.
Plans, credits, and billing
Paid plans are billed in advance for the period shown at checkout. Unless stated otherwise, subscriptions renew automatically for the same billing interval until canceled. Prices, taxes, usage limits, included seats, and credit allowances are shown before purchase.
Research or AI credits measure access to metered features. Credits have no cash value, cannot be transferred, and may expire or reset according to the plan. Opening cached results may be treated differently from generating a new result, as shown in the Service.
You authorize the payment provider to charge applicable fees, taxes, and renewals. Failed or disputed payments can result in feature restriction or suspension. Refunds and cancellations are governed by our Refund Policy.
AI-assisted features
AI outputs can be inaccurate, incomplete, outdated, or similar to outputs generated for others. They are suggestions based on available context, not legal, financial, tax, medical, or professional advice. Review outputs and source signals before using them.
Do not submit confidential personal information, passwords, payment card data, unlawful material, or content you lack permission to process. You remain responsible for your prompts and your use of generated outputs.
Intellectual property
WinProducts and its licensors retain all rights in the Service, software, interface, branding, databases, compilations, scoring methods, and original content. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to use the Service during your valid plan for its intended purpose.
Third-party products, videos, creator materials, names, and trademarks remain the property of their respective owners. No ownership transfers to you or WinProducts merely because the material is referenced in the Service.
Your content and feedback
You retain rights in content you lawfully submit. You grant us the limited rights needed to host, process, secure, and display that content to provide the requested Service. If you voluntarily provide product feedback or ideas, we may use them without restriction or compensation, provided we do not publicly identify you without permission.
Third-party services
The Service relies on infrastructure, authentication, payment, email, security, AI, and licensed data providers and may link to third-party sites. Their services and content are governed by their own terms. We are not responsible for third-party changes, outages, removals, access restrictions, or policies, but we will use commercially reasonable efforts to maintain the Service.
Availability and changes
We may add, change, limit, suspend, or discontinue features, markets, records, plans, or integrations. We may perform maintenance and cannot guarantee uninterrupted or error-free access. If a material paid feature is permanently removed during a prepaid period, we may provide a reasonable replacement, credit, or prorated remedy where appropriate or legally required.
Suspension and termination
You may stop using the Service and cancel future renewal at any time. We may limit or suspend access to protect users or systems, address payment failure, investigate abuse, comply with law, or enforce these Terms. We may terminate an account for a material or repeated violation.
Where practical, we will provide notice and a chance to cure. Immediate action may be necessary for fraud, security risk, unlawful conduct, or harm to the Service or others. Provisions intended by their nature to survive termination—including payment, restrictions, ownership, disclaimers, and liability limits—will survive.
Disclaimers
To the maximum extent permitted by law, the Service and all data, estimates, and outputs are provided “as is” and “as available”. We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. Nothing in these Terms excludes a warranty or right that cannot legally be excluded.
Limitation of liability
To the maximum extent permitted by law, WinProducts will not be liable for indirect, incidental, special, exemplary, consequential, or punitive damages, or loss of profit, revenue, opportunity, goodwill, data, or business decisions.
Our aggregate liability arising from the Service will not exceed the fees you paid to WinProducts for the Service during the 12 months before the event giving rise to the claim. These limits do not apply where prohibited by law, or to liability that cannot legally be limited.
Governing law and disputes
Burkisoy Enterprises LLC operates WinProducts from New Mexico, United States. Except where mandatory law provides otherwise, these Terms are governed by applicable United States federal law and the laws of the State of New Mexico, without regard to conflict-of-law rules. The competent state and federal courts in New Mexico will have jurisdiction. Consumers may retain the right to use another authority, law, or venue where that right cannot be waived. Before filing a claim, please contact us so the parties can attempt a good-faith resolution.
Changes and contact
We may update these Terms as the Service or law changes. Material changes will apply prospectively after reasonable notice where required. Continued use after the effective date means you accept the updated Terms.
Questions or legal notices: winproductsio@gmail.com.