Terms of Use

These Terms of Use (these "Terms") are between you and Winup Limited (together "Winup," "we" or "us") and provide the general terms and conditions that govern your access to, use of, and interactions with: (A) the Winup website located at www.mywinup.com (the "Website"), (B) any Winup-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter), and/or (D) any content, functionality, and services offered on or through the Website, Software and social media pages. To make these Terms easier to read, the Website and Software, along with the Winup-controlled social media pages and any content, functionality, and services offered on or through the Website, Software and social media pages, are collectively called the "Services."

Please Note: Each of the promotional prize draws (the "Prize Draws") offered on the Website and App are also governed by additional terms and conditions. Prior to participating in any Prize Draw please carefully read the Experience Rules (located on the footer of the Website and App) and the Official Rules.

Your use of the Services in any way signifies that you accept and agree to these Terms, including any modifications that Winup makes from time to time. If you do not wish to be bound by these Terms, you may not access or use the Service.

Winup may modify these Terms at any time, in our sole discretion. To the extent permitted by law, all changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are responsible for checking these Terms regularly to ensure that you understand the Terms that apply at the time of your access to or use of the Services.

You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to use the Services.

The Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third-party. We may, in our sole discretion, change, modify and/or refuse to offer some of all the Services to any person and change the eligibility criteria at any time. Any right to access and use the Services is automatically revoked where these Terms, or use of the Services, is prohibited or conflicts with any applicable law, rule, or regulation.

A. Limiting or Modifying the Services

We reserve the right to withdraw, limit or otherwise modify the Services, in our sole discretion without notice. We will not be liable if for any reason all or any portion of the Services are unavailable at any time or for any period.

To enjoy full access and use of our Services, you may be asked to provide certain registration details or other information to create a user account (an "Account").

A. Account Information

It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You may not use someone else's name, or any name, location, other public profile information or image that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable. You agree to promptly notify us if any of your information changes or is inaccurate.

B. Account Security

Your account is for your personal use only. You may not allow others to use your Account and may not or transfer your Account to any other person or entity. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Services. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. If you suspect or know of unauthorized access to your account, change your password and immediately notify Winup by sending an email to team@winup.co.uk.

We have the right to suspend, delete and/or disable any Account (or any part thereof) or block or remove any User Contribution (as defined in Section 11, below) for any lawful reason, including if we determine that you have violated these Terms or that your conduct or User Contribution would tend to damage Winup's reputation or goodwill. If Winup deletes your account or terminates your permission to use the Services, you may not re-register for or continue to use the Service under any other email or Account without explicit permission by Winup.

Please review the Privacy Notice to learn about (A) what information we may collect about you, (B) what we use that information for, and (C) with whom we may share your information.

A. Limited License

Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, Winup grants to you a revocable, limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Services for your personal, non-commercial use only. You may not copy, modify, reverse engineer, disassemble, or create derivative works based on the Services, distribute, sell, grant rights in or to the Services, publicly display, republish, download, store, or transmit any of the Services, except as follows:

This license will remain in effect unless and until you violate these Terms, or this license is terminated by you or Winup. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Winup, in its sole discretion, may at any time for any reason suspend or terminate any license hereunder without prior notice.

B. Winup Intellectual Property

The interfaces, content, arrangement and layout of the Website and App including, but not limited to, the Winup trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information, and other content, and any compilation of the foregoing ("Winup Intellectual Property") are the property of Winup, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under United States, United Kingdom, and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of Winup. All modifications and enhancements to the Services remain the sole property of Winup. You understand and acknowledge that, by using the Services, you do not acquire or obtain by implication or otherwise, any license or right to use any of the Winup Intellectual Property in any manner not expressly permitted under these Terms.

Encourage or enable any other individual to do any of the foregoing to otherwise violate these Terms.

Although we're not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Services and Winup's systems. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

B. License to Use User Contributions

You explicitly grant Winup and its service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Contribution (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without any attribution and/or compensation to you. In addition, you waive any so-called "moral rights" or rights of privacy or publicity in your User Contribution(s). You further grant all users of the Services permission to view your User Contribution(s) for their personal, non-commercial purposes. If you make suggestions to Winup or through the Services about improving or adding new features or products to the Services or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to Winup a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.

D. Monitoring and Enforcement

We do not undertake to review all User Contributions before they are posted and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability or responsibility to anyone for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability for the performance or nonperformance of the activities described in this section. However, we reserve the right to: (i) remove or refuse to post any User Contribution for any or no reason in our sole discretion, (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, (iii) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and (iv) take appropriate legal action for any illegal or unauthorized use of the Services.

You may submit this information, or any counter-notice, via:

If properly notified that any materials infringe a third-party's copyright, we will promptly remove such materials from the Winup Services in accordance with the U.S. Digital Millennium Copyright Act ("DCMA"), the U.K. Copyright Designs and Patents Act 1988 ("CDPA"), the U.K. Digital Economy Act 2010 ("DEA"), or equivalent laws which are applicable in other jurisdictions. In addition, Winup may, when appropriate, terminate the Accounts and license hereunder of repeat copyright infringers.

Winup may disclose any communications, including your contact information, concerning DMCA, CPDA, DEA or other applicable copyright notices or other intellectual property complaints with third-parties, including to the users who have posted the allegedly infringing material.

Third-party services, content, information, and products may be made available by Winup on or through the Website and App ("Third-Party Products"). Third-Party Products are provided solely for the convenience of our users and Winup makes no representations or warranties regarding any Third-Party Products and takes no responsibility and assumes no liability for any Third-Party Products. Third-Party Products are subject to the applicable terms and policies of the third-parties that offer them.

A. Links from the Website

The Website and App may contain links to websites operated by other parties. Winup provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of Winup, and Winup is not responsible for the content available on the other sites. Such links do not imply Winup's endorsement of information or material on any other site and Winup disclaims all liability regarding your access to and use of such linked websites.

B. Links to the Website

You may not place a link to the Website on another website without our prior written consent and, without limiting the foregoing, you must adhere to Winup's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Winup and/or its licensors' names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Winup, (iii) when selected by a user, the link must display the Website on full-screen and not within a frame on the linking site, and (iv) Winup reserves the right to revoke its consent to the link at any time and in its sole discretion.

The services are provided on an as is and as available basis for your use, without warranties of any kind, either express or implied, including without limitation, warranties of satisfactory quality, merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Winup makes no warranty as to the quality, accuracy, completeness, or reliability of any content available through, or the performance of, the services. You are responsible for verifying any information before relying on it. Use of the services is at your sole risk. Winup does not warrant that you will be able to access or use services at the times or locations of your choosing; that the operation of the services will be uninterrupted or error-free; that defects will be corrected; or that the services are free of viruses or other harmful components. Winup provides no warranty or guaranty of any kind that the services will meet your expectations or requirements. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

You are responsible for compensating the following persons in full for any losses or damage they suffer which is caused by your breach of these Terms: Winup and its parents, subsidiaries, and affiliated companies, and all of their respective past and present officers, directors, employees, agents, and representatives (collectively, the "Released Parties").

D. Equitable Remedies

You hereby agree that Winup would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

E. Force Majeure

Neither you or Winup will be liable for any failure or delay in performance under these for causes beyond the other party's reasonable control and not caused by that party's fault, or negligence, including, but not limited to, "acts of God", acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-performing party through the use of commercially reasonable, alternate sources.

F. Waiver and Severability

Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each such provision thereafter. The express waiver by us of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any of the provisions of these Terms is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.

G. Entire Agreement

These Terms, including Official Rules and Experience Rules, as well as any other the documents, rules or policies expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Services supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.