WINNIN INTELLIGENCE API

For the purposes of these API Terms, in addition to the definitions already established in the Master Agreement, the following terms shall have the meanings set forth below:

• Master Agreement - Refers to the Winnin Intelligence Master Subscription Agreement, the Software Order (SOW) and the Winnin Intelligence Terms of Service and any other equivalent document executed by the Parties establishing the rights and obligations between the Parties;
• Client Applications - Any systems, software, control panels (dashboards), integrations or workflows developed or already operated and/or used by the Client that connect to or interact with the Winnin API.
• API Key- The secret security credential that authenticates the Client's access to the Winnin API.
• Client / You / Your - Refers to the entity that uses the Winnin interface.
• Client Data - Any data, frameworks or materials that the Client provides to Winnin for processing or enrichment by Winnin Intelligence through the API.
• Usage Limit - The technical consumption parameters of the Winnin API, including the requests per minute limit (rate limiting, currently 120 requests/min) and the monthly API call quota (currently 3,000 calls/month on the standard plan), as defined in the Master Agreement or in any applicable technical documentation.
• Partner Digital Platforms - social media platforms and other third-party digital services such as, but not limited to, Facebook, Instagram, Twitch, YouTube, whose data is indexed, analyzed and processed by Winnin Intelligence and which constitute the primary source of the API Results made available to the Client by Winnin.
• API Results- All insights, metrics (including the Share of Attention), brand performance data, territory and market data, content creator data, emerging cultural trend data, and any other data, analyses and information generated and delivered by Winnin to the Client through the API, all of which constitute Winnin's intellectual property.
• Client Results- All insights, analyses and data generated by Winnin Intelligence exclusively from Client Data provided by the Client itself, constituting the Client's intellectual property. Client Results will remain accessible for export by the Client during the term of the Master Agreement and for up to 180 (one hundred and eighty) days after its termination or rescission, after which they will be permanently deleted from Winnin's systems, pursuant to Section V of these API Terms.
• API Terms - These API Terms of Use.
• Acceptable Use - Refers to the rules set forth in Section IV of these API Terms.
• Winnin / We / Our - Refers to Winnin Inc. and its subsidiaries.
• Winnin Intelligence API / Winnin API - The Winnin Intelligence integration interface, including its documentation, API Keys and associated data flows.
• Winnin Intelligence- Winnin's proprietary artificial intelligence software platform that maps trends and behaviors through the analysis of online video consumption on social platforms, providing insights for measuring and increasing brands' cultural relevance.

Winnin grants the Client a limited, non-exclusive, paid, revocable and non-transferable license to use the API and the API Results strictly for the purposes set forth in the Master Agreement, and exclusively during its term. The possibility of sublicensing this license to affiliates or third parties shall be governed by the conditions set forth in the Master Agreement.

Authorized use under this license includes, by way of example: (a) the integration of API Results with business intelligence platforms (such as, but not limited to, Tableau, Power BI and Looker), data warehouses and proprietary Client applications; (b) the correlation of API Results with Client first-party data (such as sales data, media investment and brand lift); and (c) the use of API Results to feed the Client's internal predictive models, provided they are not competitive with Winnin's services.

The license granted herein covers exclusively the use of the Winnin API by Client systems operated under human supervision, in which a user reviews and decides based on the returned Results. Integration modalities that exceed this scope are governed by specific Terms or contractual instruments.

The Client is fully responsible for the Client Applications, including their development, operation, security and legal compliance, including but not limited to all API integration and configuration work in its internal systems and with partners.

As this is a specialized service, API access requires a high level of security responsibility on the part of the Client. The API Key constitutes confidential information and must be treated with the same level of care as an administrative password. The Client is solely and exclusively responsible for maintaining the security and confidentiality of its API Keys, undertaking not to share, expose or store them in unsecure environments or in public source code. Any and all activity carried out through its API Keys will be deemed to have been performed by the Client itself, which shall be fully responsible for such use, whether authorized or not.

In the event of loss, theft or suspected compromise of an API Key, the Client must notify Winnin immediately at security@winnin.com, to request revocation and replacement of the credential. Following notification, Winnin will immediately revoke the compromised API Key and make a new credential available within 48 (forty-eight) business hours.

Winnin is not responsible for any inaccuracies or failures in the API Results arising from technical limitations, data unavailability on the platform, query parameters, filters or configurations submitted by the Client to the API in an incorrect or inconsistent manner.

The Client agrees to comply with all acceptable use rules described in Section IV of these API Terms. Violation of any of these rules constitutes a material breach of these API Terms, subjecting the Parties to the penalties set forth in the Master Agreement, including immediate suspension of access to the Winnin API and/or Winnin Intelligence.

By using the Winnin API, the Client is subject to the Acceptable Use rules described herein and expressly agrees not to engage in, nor permit third parties to engage in, any of the following activities:

1. use the Winnin API for any purpose other than that declared in the API Order Form or equivalent instrument executed with Winnin, without prior notice to and written approval from Winnin.
2. use the Winnin API for any purpose that is illegal, fraudulent, defamatory or that violates the privacy of third parties.
3. use the Winnin API for any purpose that infringes the intellectual property, privacy or other rights of Winnin and/or of third parties.
4. attempt to circumvent or bypass any security measures, authentication mechanisms or usage limitations (rate limiting) of the Winnin API.
5. transmit viruses, malware, spyware or any other malicious code through the Winnin API.
6. conduct penetration tests, vulnerability scans or any action that could overload, damage or degrade the performance of Winnin's infrastructure without our prior, express and written authorization.
7. make a volume of calls to the Winnin API exceeding the contracted amount and fixed in the Master Agreement, and/or that causes degradation of Winnin's infrastructure, especially in cases of attacks or unauthorized automated use.
8. engage in, or permit third parties to engage in, reverse engineering, decompilation, disassembly or any other attempt to derive the source code, algorithms or structure of the technology of Winnin Intelligence and/or of the Winnin API.
9. use the API Results to train, fine-tune (fine-tuning), validate, calibrate or in any other way develop an artificial intelligence model that is competitive with Winnin's services, including the use of API Results as reinforcement data (RLHF) or persistent examples (few-shot).
10. resell, sublicense, except as expressly permitted by the Master Agreement, or otherwise redistribute direct access to Winnin API raw data streams to third parties.
11. use the Winnin API or the API Results to create a product or service that is functionally equivalent and directly competitive with Winnin Intelligence.
12. engage in scraping or massive data extraction with the intent to replicate or store Winnin's database.
13. any use that constitutes a violation of applicable laws and regulations, especially those governing data protection, privacy, information security, artificial intelligence and other applicable matters.

All software, algorithms, models, platforms, tools, features, methodologies and other services and resources made available by Winnin to the Client, including but not limited to the Winnin API, Winnin Intelligence and the API Results, are and will remain the exclusive intellectual property of Winnin, and nothing in these API Terms or in the Master Agreement implies any transfer of Winnin's intellectual property to the Client.

Any suggestions, ideas, feedback or improvements that the Client provides to Winnin regarding the Winnin API ("Feedback") will be considered a voluntary contribution. Winnin will have the unrestricted, irrevocable and royalty-free right to use, incorporate and develop any Feedback in its products and services, without any obligation of compensation or credit to the Client, and all Feedback will be immediately incorporated into Winnin's intellectual property except where the Parties expressly agree otherwise in writing.

Client Data remains the exclusive property of the Client. The Client grants Us a limited license to use Client Data solely for the purposes of providing the Winnin API services. Winnin will not use Client Data to train its global artificial intelligence models nor incorporate it into benchmarks or services for other Winnin clients.

The Parties declare that no personal data will be processed through the Winnin API, unless specified and agreed upon in a specific Data Processing Addendum (DPA) or in the Master Agreement.

Upon termination or rescission of the Master Agreement, for any reason, Winnin will permanently delete Client Data and Client Results from its systems within 180 (one hundred and eighty) days, unless otherwise agreed in the Master Agreement or when retention is required by law.

Winnin may use aggregated and anonymized data derived from Your use of the Winnin API, solely for internal performance monitoring, product improvement and benchmarking purposes. Such aggregated data is the property of Winnin Inc.

The API and API results are provided "as is" (As Is). To the maximum extent permitted by law, Winnin disclaims all warranties, express or implied, in relation to the usability and API Results.

The data made available by the Winnin API is dynamic in nature and depends on information provided by the Partner Digital Platforms, which may be updated, corrected or removed by these platforms retroactively, at any time and without prior notice to Winnin. From the moment API Results are extracted by the Client, such data constitutes a static snapshot corresponding exclusively to the Extraction Date, and may diverge from the current data available on the Winnin Intelligence platform in queries performed at later dates. Winnin is not responsible for any discrepancies between API Results extracted by the Client and the current data on the platform, resulting from updates, corrections or removals made by partner platforms after the Extraction Date.

Winnin's total aggregate liability arising from these API Terms shall be limited as set forth in the Master Agreement. In no event shall Winnin be liable for lost profits or indirect damages.

The Client agrees to defend and indemnify Winnin against any claims arising from: (a) Client Applications; (b) the Client's breach of these API Terms or applicable law; (c) third-party claims that Client Data infringes third-party rights; or (d) use in violation of the Terms set forth herein and in the Master Agreement.

The Winnin API and all processing logic are hosted and operated within Winnin's secure cloud infrastructure. No component of Winnin's technology will be installed on the Client's internal infrastructure. To protect the confidentiality, integrity and availability of its services, Winnin maintains a security program that adopts controls aligned with market standards equivalent to SOC 2 and holds ISO 27001 and ISO 27701 certifications.

Winnin will use commercially reasonable efforts to keep the Winnin API available, with a minimum target availability of 95% (ninety-five percent), in accordance with specific service level objectives (SLA), such as uptime (uptime) and response time (response time) - target of 500ms (P95), as defined in the applicable Master Agreement.

Winnin reserves the right to immediately suspend or terminate your access to the Winnin API and/or Winnin Intelligence, in the event of a breach of these API Terms, the Master Agreement, or applicable law.

Without prejudice to the foregoing, Winnin may preventively and temporarily suspend access to the Winnin API, without prior notice, when it identifies use that poses an immediate risk to the security, availability or integrity of its systems or those of third parties, notifying the Client as soon as possible after the suspension.

These API Terms may be modified from time to time, at Winnin's sole discretion, provided that the Client will be notified of all material changes with reasonable advance notice and of any disruptive change, endpoint discontinuation or deprecation of Winnin API features, or relevant change to the underlying artificial intelligence model that alters the default behavior of the API Results, with a minimum notice of 7 (seven) days. Continued use of the Winnin API after the effective date of the changes will constitute Your tacit acceptance of the new terms. For questions about these API Terms, the Client may contact us at: legal@winnin.com.

Unless expressly provided otherwise in an instrument executed between the Client and Winnin, these Terms are governed by Brazilian law. The Parties elect the courts of the district of Rio de Janeiro, State of Rio de Janeiro, to the exclusion of any other, to resolve any disputes arising from this instrument.