Interpretation

Words with the first letter capitalized have meanings defined under the following conditions. These definitions apply whether they appear in singular or plural.

Definitions

For the purposes of these Terms of Use:

Company means TOD Enterprise S.R.L, Str. Marchian 2, Botoșani, Romania.

Service refers to the WINNR mobile application and related websites.
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Device means any device that can access the Service such as a computer, mobile phone, or tablet.
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Account means a unique account created for You to access the Service.
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You means the individual accessing or using the Service

Acknowledgment

These Terms govern the use of the Service and form a legally binding agreement between You and the Company.

Your access to and use of the Service is conditioned on Your acceptance of these Terms and our Privacy Policy.

If You do not agree with these Terms or the Privacy Policy, You must not use the Service.

By using the Service, You represent that You are at least 18 years old.

Nature of the Service

WINNR is a habit tracking and self-improvement application designed to help users monitor behaviors and build better routines.

The Service is provided for informational and self-improvement purposes only.

No Professional Advice

The Service does not provide medical, psychological, therapeutic, or addiction treatment advice.

Nothing within the Service should be considered a substitute for professional healthcare, therapy, or counseling.

If You are experiencing addiction or mental health issues, You should seek assistance from a qualified professional.

No Guarantee of Results

We do not guarantee any specific outcomes, including the successful reduction or cessation of any habit.

Results may vary significantly between users.

User Responsibility

You acknowledge and agree that:

You are solely responsible for Your actions, decisions, and outcomes resulting from the use of the Service.

Any reliance on the Service is at Your own risk.

Accounts

When You create an Account, You agree to provide accurate and complete information.

You are responsible for maintaining the confidentiality of Your Account and for all activities that occur under Your Account.

We reserve the right to suspend or terminate accounts that violate these Terms.

Purchases, Subscriptions, and Billing

Certain features of the Service may require payment or a subscription.

If You purchase through Apple App Store or Google Play, billing, renewals, cancellations, and refunds are handled by those platforms and their terms apply.

Subscriptions renew automatically unless canceled before the end of the billing period.

If a free trial is offered and not canceled before it ends, You authorize the platform to begin billing.

Prices and features may change at any time without notice.

User Content

You may submit or store content within the Service (“User Content”), including notes, entries, or other materials.

You retain ownership of Your User Content.

You grant the Company a worldwide, non-exclusive, royalty-free license to use, store, process, and display Your User Content solely for the purpose of operating and improving the Service.

You represent that You have all necessary rights to Your User Content and that it does not violate any laws or third-party rights.

We are not responsible for backing up User Content and may remove it if necessary.

Fair Use and Limits

We may impose reasonable limits on usage, features, or storage to ensure fair use and proper functioning of the Service.

Exceeding such limits may result in temporary restrictions or reduced functionality.

Acceptable Use

You agree not to:

Use the Service in any way that disrupts or interferes with its operation

Attempt to reverse engineer or access underlying code

Upload unlawful, harmful, or infringing content

Scrape, extract, or misuse data from the Service

Bypass security or usage limits

Third-Party Links

The Service may contain links to third-party websites or services.

We are not responsible for the content, policies, or practices of third-party services.

Termination

We may suspend or terminate Your access to the Service at any time, without prior notice, if You violate these Terms or for any other reason.

Upon termination, Your right to use the Service will cease immediately.

Fees paid are non-refundable, except where required by law.

Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, or consequential damages, including but not limited to:
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Loss of data
Loss of profits
Business interruption
Any outcomes related to habit change or personal decisions

In no event shall the Company’s total liability exceed the amount You have paid for the Service, or 100 EUR if no payments have been made.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind.

We do not guarantee that:

The Service will be uninterrupted, secure, or error-free
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The results will be accurate or reliable
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The Service will meet Your expectations or produce any specific outcomes

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Romania, excluding its conflict of law principles.

To the fullest extent permitted by applicable law, You agree that any dispute, controversy, or claim arising out of or relating to the Service or these Terms shall be subject to the exclusive jurisdiction of the competent courts located in Botoșani, Romania.

To the extent permitted by applicable law, You agree to resolve any disputes individually and not as part of any class, collective, or representative action.

Nothing in this section shall limit any rights You may have under applicable consumer protection laws.

Dispute Resolution

If You have any dispute with the Service, You agree to first attempt to resolve it informally by contacting us.

Severability and Waiver

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

Any failure or delay by the Company in exercising any right or enforcing any provision of these Terms shall not constitute a waiver of such right or provision.

Changes to These Terms

We may update these Terms at any time.

Changes are effective once posted. Continued use of the Service constitutes acceptance of the updated Terms.

Contact Us

If You have any questions about these Terms, You can contact us:

Email: support@appwinnr.com