Terms of Service

1. Definitions

• Service: the Winza platform, campaign builder, reward engine, analytics, APIs, and supporting websites.
• Campaign: a game, quiz, promotion, or activation you configure and publish through the Service.
• Customer Data: all content and data you or your participants submit to the Service, including participant records.
• Order Form: the plan, term, volumes, and fees agreed between us, whether online or by signed document.

2. Accounts and eligibility

You must be at least 18 years old and legally able to enter contracts. You are responsible for the accuracy of your registration details, for keeping credentials confidential, and for all activity under your account.

3. Licence and restrictions

Subject to these Terms and payment of fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the Service during your subscription term for your internal business purposes. You must not:

• Resell, sublicense, or provide the Service to third parties except as an agency running campaigns for named clients on an approved plan.
• Reverse engineer, decompile, or attempt to derive the source code or underlying models of the Service.
• Circumvent usage limits, rate limits, or access controls, or probe our systems without written authorisation.
• Upload malware, or use the Service to send spam or unlawful communications.
• Copy the look and feel of the Service to build a competing product, or use it to benchmark for a competitor.
• Use the Service in breach of applicable law or of any third-party rights.

4. Your campaigns and content

You are solely responsible for your Campaigns: their creative content, the accuracy of their claims, the rules you publish, the prizes you promise, and their delivery. In particular, you must:

• Publish clear terms and conditions for every promotion, including eligibility, entry period, odds where required, prize details, and the promoter's identity.
• Comply with advertising, gambling, lottery, sweepstakes, consumer protection, and prize promotion law in every market you run in - including registration or bonding where required.
• Obtain valid consent for any marketing use of participant data, and honour withdrawals of consent.
• Fulfil every prize you advertise. Winza does not operate, fund, underwrite, or guarantee your prizes.
• Hold all rights and licences to the brands, artwork, music, and other assets you upload.
• Keep every campaign within the Acceptable Use limits in section 5.

You retain all ownership of Customer Data. You grant us a limited licence to host, process, transmit, and display it solely to provide and support the Service, and to produce aggregated, de-identified statistics that cannot identify you or any participant. Our handling of personal data within Customer Data is governed by the Data Processing Agreement, which forms part of these Terms.

5. Acceptable use and prohibited campaigns

Winza is a brand engagement platform. Some content is incompatible with that purpose, exposes participants to harm, or puts our payment, hosting, and messaging partners at risk. You must not use the Service to create, host, promote, distribute, or reward engagement with any of the following, whether in campaign creative, prize inventory, landing pages, uploaded assets, or linked destinations.

Prohibited content and activity

• Adult and sexual content: pornography, sexually explicit or suggestive imagery, nudity, escort or sexual services, adult entertainment venues, sex toys, and any campaign whose primary appeal is sexual content.
• Child safety violations: any sexualisation of minors, child sexual abuse material, or content that endangers, exploits, or grooms children. We report such material to law enforcement and terminate immediately without notice.
• Hate and harassment: content attacking or degrading people on the basis of race, ethnicity, national origin, religion, caste, disability, disease, age, sex, gender identity, or sexual orientation; hate symbols; and targeted harassment, bullying, doxxing, or threats against any individual.
• Violence and extremism: graphic or gratuitous violence, gore, promotion or glorification of terrorism or violent extremism, content produced by or supporting designated terrorist organisations, and incitement to violence.
• Self-harm: content that promotes, encourages, or provides instruction for suicide, self-injury, or disordered eating.
• Illegal and regulated goods: illicit drugs and drug paraphernalia, unapproved pharmaceuticals, firearms, ammunition, explosives, weapon parts and accessories, counterfeit goods, stolen property, endangered wildlife products, and human organs or tissue.
• Fraud and deception: phishing, scams, pyramid and Ponzi schemes, multi-level marketing recruitment, fake giveaways, “guaranteed winner” mechanics, rigged odds, prizes you cannot or do not intend to deliver, and any campaign that misrepresents who is running it.
• Financial exploitation: unlicensed financial or investment advice, payday and predatory lending, cryptocurrency token sales, get-rich-quick schemes, and unregistered securities offerings.
• Misinformation and impersonation : health or election misinformation, deepfakes or synthetic media presented as genuine, and impersonation of any person, brand, public body, or of Winza itself.
• Malicious technical activity: malware, spyware, cryptomining, credential harvesting, unsolicited bulk messaging, and any attempt to compromise participants’ devices or accounts.

Restricted categories

The following are permitted only with our prior written approval, and only where you hold every required licence, apply effective age verification, geo-restrict to markets where the activity is lawful, and include all mandated warnings and responsible-use messaging:

• Alcohol and tobacco, including vaping and nicotine products, with age-gating at or above the legal age in each market.
• Gambling, betting, lottery, and real-money gaming promotions, which require a valid operating licence in every market targeted.
• Prescription pharmaceuticals, medical devices, and health claims, which must be substantiated and regulator-approved.
• Political campaigning, advocacy, and issue advertising, subject to applicable election and disclosure law.
• Dating and relationship services, provided the content is non-explicit and effectively age-gated.

Enforcement

We do not pre-screen campaigns, but we may review any campaign at any time. Where we reasonably believe this section has been breached, we may remove or unpublish the campaign, suspend or terminate your account, and report the matter to law enforcement or the relevant regulator. For clear or severe breaches - particularly those involving child safety, terrorism, or illegal goods - we act immediately and without prior notice, and no refund is due. For borderline cases we will contact you first and give you an opportunity to correct the issue. If you believe we acted in error, email hello@winza.cc and we will review the decision within 5 business days.

This list is not exhaustive. We may refuse or remove any campaign that, in our reasonable judgement, is harmful to participants, damaging to Winza’s reputation, or unacceptable to our hosting, payment, or messaging providers. Where you are unsure whether a planned campaign is permitted, ask us before you build it.

6. Fees, billing, and taxes

• Fees are set out in your Order Form or on our Pricing page and are billed in advance, monthly or annually.
• Invoices are payable within 30 days. Overdue amounts may accrue interest at 1.5% per month or the maximum permitted by law.
• Usage above your plan's included volumes is billed at the overage rate in your Order Form.
• Fees exclude VAT and other applicable taxes, which are added where required.
• Except where required by law, fees are non-refundable and payments are not offset against partial-month cancellations.
• We may revise pricing with at least 60 days' notice, taking effect at your next renewal.

If payment is more than 15 days overdue we may suspend access after giving written notice. See our pricing page for current plans.

7. Service levels and support

Uptime targets exclude scheduled maintenance, for which we give at least 48 hours’ notice where practicable, and exclude events beyond our reasonable control. Enterprise service credits are the sole remedy for missed uptime targets and are described in the applicable Order Form.

8. Intellectual property

Winza and its licensors own all rights in the Service, including its software, templates, game mechanics, documentation, trademarks, and design. Nothing in these Terms transfers those rights to you. Feedback you send us may be used freely to improve the Service, without obligation or compensation. You may reference your use of Winza in your own materials; we will only use your name or logo as a customer reference with your prior written consent.

9. Confidentiality

Each party may receive non-public information from the other. The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and disclose it only to personnel and advisers bound by confidentiality. These obligations do not apply to information that is public through no fault of the recipient, independently developed, or lawfully received from a third party, and do not prevent disclosure required by law where notice is given if permitted.

10. Warranties and disclaimers

We warrant that the Service will perform materially as described in our documentation and that we will provide it with reasonable skill and care. Except as expressly stated, the Service is provided “as is”, and we disclaim all other warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that it will produce any particular marketing outcome.

11. Indemnities

We will defend you against third-party claims that the Service infringes their intellectual property, and pay resulting damages finally awarded, provided you notify us promptly and let us control the defence. You will defend and indemnify us against claims arising from your Campaigns, your Customer Data, your prize fulfilment, or your breach of these Terms or of applicable promotion law.

12. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data. Each party’s total aggregate liability arising out of these Terms is limited to the fees you paid or owed in the 12 months preceding the event giving rise to the claim. These limits do not apply to your payment obligations, either party’s indemnity obligations, breaches of confidentiality, or liability that cannot be excluded by law.

13. Term, suspension, and termination

• Subscriptions run for the term in your Order Form and renew automatically unless either party gives 30 days' notice before the renewal date.
• Either party may terminate for material breach that is not cured within 30 days of written notice.
• We may suspend or terminate the Service immediately where there is a security risk, a breach of the Acceptable Use section, other unlawful activity, or non-payment after notice - we will limit the scope and duration of any suspension.
• On termination your right to use the Service ends. You may export Customer Data for 30 days, after which we delete it in line with the Data Processing Agreement.

14. Changes to the Service or Terms

We continually improve the Service and may change features, provided we do not materially reduce core functionality during a paid term. We may update these Terms with at least 30 days’ notice by email or in-product notice; if a change materially disadvantages you, you may terminate before it takes effect and receive a pro-rata refund of prepaid fees.

15. Governing law and general

These Terms are governed by the laws of the Republic of Kenya, and the courts of Nairobi have exclusive jurisdiction, without prejudice to either party seeking injunctive relief elsewhere. If a provision is held unenforceable, the rest remains in force. Neither party may assign these Terms without consent, except to a successor in a merger or asset sale. These Terms, together with your Order Form, the Data Processing Agreement, and our Privacy Policy, form the entire agreement between us and supersede prior discussions.

Contact us

Questions about these Terms, or need a countersigned copy? Email hello@winza.cc or write to wiCreate Media Tech, Legal Team, and we will respond within 30 days.