WINNIN INTELLIGENCE

Winnin Intelligence is a software platform with an Artificial Intelligence (AI) developed by Winnin Inc. and powered by a hybrid architecture that combines our proprietary technology with our Partner's Large Language Models (LLMs) to enhance the ZAI™ capabilities, our conversational AI specialized in Culture and Brand.

Our Service helps brands increase their cultural relevance by mapping trends and behaviors identified from the analysis of online video consumption on major social platforms such as YouTube, Instagram, Facebook Twitch, thereby enabling the Client to make strategic decisions that enhance brand relevance in connection with the speed of culture. Winnin Intelligence empowers Clients to measure their brand's relevance, track its evolution, and pinpoint the most effective actions to boost its impacts.

The Service provides organized information on market categories, including, but not limited to, target audiences, performance topics, content creators and the most relevant brands in the online universe in a given space of time and territory. Such information is organized into modules and tools for a better user experience. Key capabilities of the platform include:

• ZAI™ – Fully Integrated into the platform, ZAI™ is the conversational artificial intelligence of Winnin Intelligence, specialized in culture and brand. Powered by our proprietary methodology, it leverages brand-and-country specific data to enable the client to measure their brand's cultural relevance against their competitive set and strategic insights in real time.
• Share of Attention – Winnin Inc's proprietary metric that measures the share of consumers' attention directed toward brands, within a specific category and country, based on real interactions and engagement with content available across our Partner's platforms.

The features and tools on Winnin Intelligence can be updated from time to time as we periodically release updates. Consequently, the user experience and availability of certain functionalities may be changed. This can include the addition or removal of data, analyses, as well as visual updates to the Winnin Intelligence interface. Should you have any question regarding the platform's capabilities, please contact us at cs@winnin.com.

Please keep in mind that the Services are provided for Companies. Therefore, if You are using the Service on behalf of a company or organization, You declare having the authority to act on behalf of that entity, and that such entity accepts this Agreement. The Company will have the responsibility for informing Winnin if a User eventually ceases to be its representative, so that we can immediately remove or change the data of authorized representatives.

Thus, Winnin Inc will not be liable if a person who does not obtain the necessary power or is not properly authorized by the Company accepts this Agreement on its behalf.

To use the Service, You must subscribe to one of our products, create an account within Winnin Intelligence and register yourself and your team. By proceeding with this registration, You agree to provide truthful, accurate, complete and up-to-date information about yourself and Your Users, as requested in the registration form, and to update it whenever necessary. The registration information will include full name, email, country, phone number, job title and the name of the company on behalf of which You are accessing Winnin Intelligence and its market. It is forbidden the use of nicknames that are likely to cause confusion that violate the rights of third parties of any nature, or that are considered offensive, vulgar or otherwise inappropriate. Winnin Inc may remove Your user name or change in its sole discretion any user name that violates the conditions set out in these Terms of Service or in the legislation.

Our Privacy Notice explains how we treat Your personal data and protect your privacy when using the Winnin Intelligence. We only process Your data to customize your experience and improve the Services, always in accordance with the Terms herein and our Privacy Notice. By registering at Winnin Intelligence, You declare that You understand and accept the terms set forth herein, as well as to the collection and process of your data.

Your usage data will be stored in our database and in our Partner's the systems listed below:

No User data shall be shared with third-parties for other purposes, other than those described in these Terms.

To protect your account on Winnin Intelligence, keep your login and password confidential. You should not share your credentials. If you become aware of any unauthorized use of your password or account, please contact us at cs@winnin.com.

Remember that you are the sole responsible for maintaining the confidentiality of the password defined to access Winnin Intelligence, as well as for all the information You provide to Winnin Inc. For this reason, You are responsible for any and all activities or actions that occur under your account and/or password. Winnin Inc is not responsible for any damage resulting from the disclosure of the password by You to third-parties, or for the use of the password by third-parties to obtain access to Your account.

In case you forget or lose Your password or username, the data will be recovered upon security checks. Winnin Inc reserves the right to suspend or cancel the access to the account at its sole discretion if it believes there is a security breach. For this reason, Winnin Inc may require You to change any and all passwords used to access Your Winnin Intelligence account.

To the extent that the loss has not been caused due to negligence, willful misconduct, fraud or bad faith by Winnin Inc, We will not be liable for any loss that You may incur as a result of someone else using your username or password, either with or without your consent. To the extent acceptable by the applicable law, You shall be liable for any expenses, including usage charges and fines, fees, civil judgment, and reasonable attorney's fees for Your intentional or negligent failure to safeguard username and password information.

We reserve ourselves and of our employees the right to access Your account and the information that you have provided for support, maintenance and provision of the Services or for any security-related, technical or billing reasons.

Unless You have our written authorization, You will not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or any other intellectual property, content or proprietary information accessible through Winnin Intelligence. In addition, You agree not to:

a) Reproduce, duplicate, copy, sell, trade or resell the data or any portion of Winnin Intelligence for any purpose, except as otherwise set forth in a subscription plan;

b) Use Winnin Intelligence in a way which is: i) in breach of any applicable local, state, or federal law, international law and regulation; ii) to provide misleading, false or inaccurate information; iii) fraudulent or malicious; iv) in a way that infringes the rights of others; v) discriminatory;

c) Use Winnin Intelligence to perform competitive analysis;

d) Create an AI solution, a Machine Learning solution or any algorithm replicating ZAI™ functionalities or any features currently available or to be released by Winnin Inc. in the future;

e) Use any "deep link", "web-scraping", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Winnin Intelligence or any data, content or information available through Winnin Intelligence, or reproduce or circumvent the navigational structure or presentation of Winnin Intelligence or any data, content or information available through the same, to obtain or attempt to obtain any data, information, documents or materials which are not intentionally made publicly available through the Winnin Intelligence or to access such data, information, documents or materials in an unauthorized manner;

f) Attempt to gain unauthorized access to any portion or feature of Winnin Intelligence, or any other systems or networks connected to Winnin Intelligence or to any Winnin Inc server, or to any of the Services offered on or through Winnin Intelligence, by hacking, password "mining" or any other illegitimate means;

g) Probe, scan or test the vulnerability of Winnin Intelligence or any network connected to Winnin Intelligence, nor breach the security or authentication measures on Winnin Intelligence or any network connected to Winnin Intelligence. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Winnin Intelligence, or any other customer of Winnin Inc, including any Winnin Intelligence account not owned by You, to its source, or exploit Winnin Intelligence or any service or information made available or offered by or through Winnin Intelligence, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by Winnin Intelligence;

h) Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

i) Upload invalid data, viruses, worms, harmful code, corrupted files or any other similar software or programs that may damage the operation of another's computer, the Winnin Intelligence, its users, or mobile equipment;

j) Make improper use of our support services or submit false reports of abuse or misconduct;

k) Use Winnin Intelligence in a manner inconsistent with any applicable laws or regulations or these Terms;

l) Collect or store any personally identifiable information from Winnin Intelligence from other users of Winnin Intelligence without their express permission;

m) Impersonate or misrepresent Your affiliation with any person or entity;

n) Directly or indirectly scrape or otherwise collect information available on or through our platform.

As set forth above, the content available on Winnin Intelligence ("Content") includes videos, audios, graphics, texts, brands, Winnin Inc.'s tools and analyses, among other types of content.

The data we use for performing the analyses available on Winnin Intelligence is collected by Winnin Inc directly from platforms such as YouTube, Instagram, Facebook, and Twitch (jointly referred to as "Partners"), in compliance with data policies and API restrictions set forth in the terms of service for these platforms. By using the platform, You acknowledge our use of AI in the collection and analysis of data from our Partners. This data is used exclusively as permitted under applicable laws and regulations, including those governing automated decision-making and user consent requirements.

Winnin Inc uses Artificial Intelligence (AI) and technology tools for collecting and processing such data on a daily and continuous basis, aiming to deliver updated analyses according to each subscription plan. For more details about how we collect and process data, You may also refer to our Privacy Notice.

We are committed to ensuring that the data we collect and process through AI systems is handled with the utmost care and in compliance with applicable data protection laws. All data is collected in accordance with the policies of our Partners, with all necessary authorizations and consents in place, and we employ robust security measures to protect this information from unauthorized access or misuse.

By providing the Services, Winnin Inc acts as a data processor on behalf of its Clients. We do not control the purposes for which the data is used or the means by which it is processed. As part of our commitment to transparency and compliance with data protection regulations, we implement stringent data security measures, ensuring that all data we process on behalf of our Clients is safeguarded against unauthorized access, disclosure, alteration, and destruction.

Winnin Inc's Service is confidential and shall not be disclosed by the Client or shared with third parties, except under the terms of a written agreement with Winnin Inc. The Client must protect Winnin Inc's content, intellectual property and confidential information, and may not disclose such information to third parties without Winnin Inc's prior written authorization. Further details on confidentiality obligations are set forth in Section X of these Terms.

You acknowledge that Winnin Inc is the sole owner of all intellectual property rights, including but not limited to copyrights, patents, trademarks, trade secrets, and any data and/or information available on Winnin Intelligence platform. Nothing in these Terms grants You any rights to use Winnin Inc's trademarks, logos, domain names, or other distinctive brand features. Unauthorized use of any such intellectual property is strictly prohibited and may be subject to legal action.

All insights, reports, rankings, selections and other materials created using data from Winnin Intelligence must be attributed to Winnin Inc, provided that such attribution complies with the applicable terms. You are prohibited from using such materials in a manner that implies endorsement by Winnin Inc without prior written consent, and any use must accurately reflect the data source. Any misuse of these materials, including misrepresentation, modification, or distribution without proper attribution and authorization, will be considered a breach of these Terms and may result in legal consequences.

If You believe that any content on Winnin Intelligence infringes Your intellectual property or other legal rights, please contact us at legal@winnin.com. We will review and take appropriate action in accordance with applicable laws.

Winnin Inc may, at its sole discretion, suspend or terminate Your access to Winnin Intelligence at any time, with or without notice, if we believe You have violated these Terms of Service or engaged in any conduct that is harmful to Winnin Inc, its users, or third parties. Upon termination, Your right to access and use Winnin Intelligence will immediately cease.

Additionally, You may terminate Your account at any time by contacting our Customer Success team at cs@winnin.com. Please note that termination of Your account does not relieve You of any obligations or liabilities incurred prior to termination, including any outstanding payment obligations. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

WINNIN INTELLIGENCE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WINNIN INC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WINNIN INC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WINNIN INC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF WINNIN INTELLIGENCE, EVEN IF WINNIN INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF WINNIN INC FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF WINNIN INTELLIGENCE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO WINNIN INC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to You. In such cases, Winnin Inc's liability will be limited to the fullest extent permitted by applicable law.

Winnin Inc is committed to providing high-quality service and support to all users of Winnin Intelligence. However, we do not guarantee uninterrupted or error-free operation of the platform. Maintenance, updates, and unforeseen technical issues may occasionally affect service availability.

In the event of scheduled maintenance or updates, Winnin Inc will make reasonable efforts to notify users in advance. For unplanned outages or service disruptions, we will work diligently to restore service as quickly as possible and communicate with affected users regarding the status of the issue.

If You experience any issues with the Service or have questions about service levels, please contact our Customer Success team at cs@winnin.com.

Winnin Inc is committed to protecting the confidentiality and privacy of all information processed through Winnin Intelligence. We implement appropriate technical and organizational measures to safeguard data against unauthorized access, disclosure, alteration, or destruction.

As a data processor, Winnin Inc processes personal data on behalf of its Clients in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable. Clients retain control over the personal data they collect and process using Winnin Intelligence and are responsible for ensuring compliance with all applicable data protection requirements.

For detailed information about how we collect, use, and protect personal data, please refer to our Privacy Notice at https://winnin.com/privacy-notice/.

You agree to keep all information obtained through Winnin Intelligence confidential and not to disclose it to any third parties without Winnin Inc's prior written consent, except as required by law or as necessary to fulfill Your obligations under any agreement with Winnin Inc.

Winnin Inc is committed to conducting business in an ethical and transparent manner, in full compliance with all applicable anti-corruption laws and regulations, including but not limited to the U.S. Foreign Corrupt Practices Act (FCPA) and similar laws in other jurisdictions.

You agree that in connection with Your use of Winnin Intelligence, You will not engage in any conduct that violates anti-corruption laws, including offering, promising, giving, or authorizing any payment or anything of value to any government official or other person for the purpose of obtaining or retaining business or securing any improper advantage.

Any violation of anti-corruption laws in connection with Your use of Winnin Intelligence may result in immediate termination of Your account and may expose You to criminal and civil penalties under applicable law.

These Terms of Service constitute the entire agreement between You and Winnin Inc regarding Your use of Winnin Intelligence and supersede all prior agreements, understandings, and representations, whether written or oral.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Winnin Inc's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or Your use of Winnin Intelligence shall be subject to the exclusive jurisdiction of the courts located in Delaware.

You may not assign or transfer these Terms or any rights or obligations hereunder without Winnin Inc's prior written consent. Winnin Inc may assign these Terms at any time without notice to You.

Winnin Inc reserves the right to modify or update these Terms of Service at any time, at its sole discretion. When we make changes, we will update the "Last Updated" date at the top of this document and, where appropriate, notify You through Winnin Intelligence or via email.

Your continued use of Winnin Intelligence after any modifications to these Terms constitutes Your acceptance of the revised Terms. If You do not agree with the modified Terms, You must discontinue Your use of Winnin Intelligence and contact our Customer Success team at cs@winnin.com to terminate Your account.

We encourage You to review these Terms periodically to stay informed about any updates. If You have any questions about these Terms or any modifications, please contact us at legal@winnin.com.