Terms of Service

1. Acceptance of Terms

These Terms and Conditions (hereinafter the "Terms") govern access to and use of the WINNIA software-as-a-service (SaaS) platform (hereinafter the "Platform"), operated by Winnia Inc. (hereinafter "Winnia"). The Platform provides AI agent services for sales process optimization and customer retention. By accessing or using the Platform, the User agrees to be bound by these Terms.

2. Key Definitions

• Platform: All services, software, and AI agents provided by Winnia.
• AI Agent: Artificial intelligence tools that provide analytics, predictions (e.g., churn risk score), and recommendations (e.g., promotional targeting) for sales and retention.
• Customer Data: All User customer data processed by the AI Agent (purchase history, demographic information, etc.).
• User: Any entity or person who has subscribed to use the Platform.

3. Services and AI Agent Usage

Winnia grants the User a non-exclusive, non-transferable, and limited license to use the Platform in accordance with the subscribed plan.

3.1. Nature of Recommendations

The User acknowledges that results, predictions, and recommendations provided by the AI Agents are based on statistical models and do not constitute a guarantee of commercial results (sales, renewals, or retention). Winnia disclaims all liability for the User's achievement of commercial objectives.

3.2. Restrictions

The User agrees not to use the Platform for illegal, fraudulent, or defamatory purposes, nor to train the AI Agent using unauthorized or sensitive data.

4. Pricing, Payment, and Renewal

4.1. Fees

Access to the Platform is subject to subscription fees described in the order form or registration page. All fees are denominated in Canadian dollars (CAD) and are subject to applicable taxes (GST/QST, where applicable).

4.2. Renewal

Unless cancelled, the subscription will automatically renew for an equivalent period. The User may cancel automatic renewal in accordance with the procedure established on the Platform.

5. Intellectual Property

5.1. Winnia's Property

The Platform, AI Agents, algorithms, source code, trademarks ("Winnia"), and prediction methods are the exclusive property of Winnia and are protected by Canadian and international intellectual property laws.

5.2. User's Property

The User retains full ownership of their Customer Data and commercial results generated by their own actions.

6. Confidentiality and Data Protection

6.1. Confidentiality

Winnia agrees to treat Customer Data and any information transmitted by the User as confidential.

6.2. Canadian Compliance

Winnia commits to maintaining security measures to protect Customer Data in accordance with Canadian personal information protection laws, including PIPEDA at the federal level and relevant provincial legislation (such as Law 25 in Quebec). The User is responsible for obtaining necessary consents from their own customers for the processing of their data by the Platform.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY CANADIAN LAW, WINNIA SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF DATA, RESULTING FROM THE USE OR INABILITY TO USE THE PLATFORM OR AI AGENTS.

8. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws in force in the Province of Quebec and the federal laws of Canada applicable therein. Any dispute arising from these Terms shall be submitted to the exclusive jurisdiction of the courts of the District of Montreal, Quebec.