1. Eligibility & Account
You must be at least the age of majority in your jurisdiction and have the legal capacity to agree to these Terms. You are responsible for safeguarding your account credentials and for all activity under your account.
2. Changes to Terms & Services
We may modify these Terms and/or the Services from time to time. Material changes will be posted with an updated "Last updated" date. Your continued use constitutes acceptance. We may add, remove, or modify features, or suspend/terminate the Services, at our discretion.
3. User Content & License to Us
"User Content" means any data, text, images, audio, video, or other materials you submit or connect to the Services, including personally identifiable information ("PII"). You retain ownership of your User Content. You grant Winnapop Labs a non-exclusive, worldwide, transferable, sublicensable, royalty-free, perpetual and irrevocable license to host, process, copy, adapt, translate, analyze, create derivative works from, and otherwise use User Content:
- to operate, maintain, and improve the Services and our AI models;
- for research, analytics, benchmarking, and product development;
- for security, abuse detection, and compliance;
- for marketing and communications (see Section 4).
You represent and warrant that you have all rights and permissions necessary to grant the above license and that your User Content does not infringe any third-party rights or laws.
4. Data Use, Consent & Sharing
4.1 Purposes
- Delivering and personalizing the Services and AI outputs;
- Training, fine-tuning, evaluating, and improving models;
- Research, analytics, and new feature development;
- Marketing and communications about EternalAI/Winnapop Labs (subject to opt-out where required);
- Compliance with legal obligations and enforcement of these Terms.
4.2 Sharing with Third Parties
We may share User Content (including PII where necessary) with: (a) our affiliates; (b) vendors, processors, and service providers (e.g., hosting, analytics, customer support, model training partners) under appropriate agreements; and (c) other third parties as required by law or with your direction/consent. We do not sell personal data to unrelated third parties for profit.
4.3 Marketing Communications
We may use your contact information to send product news, offers, and updates. Where required, we will obtain consent. You may opt out of marketing emails via unsubscribe links; operational messages may still be sent.
4.4 International Transfers
Your data may be processed in countries with different data protection laws. We implement reasonable safeguards for such transfers as required by applicable law.
5. Security & Privacy Disclaimer
We implement reasonable administrative, technical, and physical measures to protect User Content (including PII). However, no system is completely secure. By using the Services, you acknowledge and agree that Winnapop Labs and EternalAI shall not be responsible or liable for any unauthorized access, disclosure, alteration, loss, or breach beyond our reasonable control.
6. Acceptable Use
You will not: (i) violate laws or third-party rights; (ii) reverse engineer or attempt to extract source code or model parameters; (iii) use the Services to develop competing models derived from our outputs without permission; (iv) upload malicious code; (v) attempt to circumvent rate limits, access controls, or security; (vi) generate unlawful, harmful, or abusive content.
7. Intellectual Property
The Services, software, documentation, models, and all related IP are owned by Winnapop Labs or its licensors. Except for rights expressly granted, we reserve all rights. Feedback you provide may be used by us without restriction.
8. AI Output & Accuracy
AI outputs are generated algorithmically and may be incorrect, incomplete, or inappropriate for certain uses. Outputs are provided "as is." You are responsible for evaluating fitness for your use case and for complying with all applicable laws and policies.
9. Third-Party Services
Some features may rely on third-party services or integrations, which are subject to their own terms and privacy policies. We are not responsible for those services and disclaim all liability relating to them.
10. Indemnification
You agree to indemnify, defend, and hold harmless Winnapop Labs, its affiliates, officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use or misuse of the Services; (b) your User Content; (c) your violation of these Terms or any law; or (d) your infringement or violation of any third-party rights.
11. Disclaimers
To the fullest extent permitted by law, the Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted or error-free operation, accuracy of outputs, or that defects will be corrected.
12. Limitation of Liability
To the maximum extent permitted by law, in no event shall Winnapop Labs or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or business interruption, even if advised of the possibility of such damages. Our aggregate liability for any claim arising out of or relating to the Services shall not exceed the amounts you paid to us for the Services giving rise to the claim in the twelve (12) months preceding the event.
Some jurisdictions do not allow certain limitations; in such cases, the limitations apply to the fullest extent permitted by law.
13. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for conduct that we believe violates these Terms, poses risk, or is otherwise harmful. Upon termination, your right to use the Services ceases immediately; sections intended to survive (including 3–5, 7–12, 14–16) will continue in effect.
14. Governing Law & Disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for any disputes not subject to arbitration (if applicable). (Optional: insert arbitration clause here if your counsel prefers arbitration.)
15. Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy and any applicable product terms, constitute the entire agreement.
- Severability: If any provision is unlawful or unenforceable, the remainder remains in effect.
- Assignment: You may not assign without our consent; we may assign these Terms as part of a merger, acquisition, or sale of assets.
- No Waiver: Our failure to enforce any provision does not constitute a waiver of our rights.
- Survival: Sections 3–12 and 14–16 will survive termination.
16. Contact
Questions about these Terms or the Services? Contact us:
- Email: law@winnapoplabs.com
- Postal: Winnapop Labs, Inc., 16192 Coastal Harbor Dr, Rockville, MD 20850 USA