Interpretation and Definitions
Interpretation
The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions apply equally whether the terms appear in singular or plural form.
Definitions
For the purposes of these Terms and Conditions:
- Refer and Earn means any entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interests, or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts thereof.
- Cloud-Based Access means access to the Service delivered via internet-hosted infrastructure, eliminating the need for local software installation or browser extensions.
- Company (referred to as “the Company”, “We”, “Us” or “Our”) refers to Sendwin LLC, a limited liability company organized under the laws of Wyoming, United States, with its principal place of business at 1309 Coffeen Avenue, STE 1200, Sheridan, Wyoming 82801.
- Content means any text, images, audio, video, software, or other materials posted, uploaded, linked to or otherwise made available through the Service by You.
- Device means any device capable of accessing the Service, including but not limited to computers, smartphones, and tablets.
- Free Account refers to an Account that provides access to a limited subset of the Service at no cost.
- Goods means any tangible or digital products offered for sale on or through the Service.
- Order means a request by You to purchase Goods from Us through the Service.
- Promotions means any contests, sweepstakes, discounts, or other promotional activities offered by Us through the Service.
- Service means the online platform accessible via https://send.win, including all related pages, subdomains, and APIs.
- Subscriptions means paid services or access levels offered on a recurring basis by the Company to You.
- Terms means these Terms and Conditions, which govern Your use of the Service.
- Third-Party Social Media Service means any external service (including data, information, products, or services) provided by a third party and integrated or linked with the Service.
- Website refers to Sendwin, accessible at https://send.win.
- You or Your means the individual or legal entity accessing or using the Service.
Acknowledgment
These Terms constitute a legally binding agreement between You and the Company regarding Your access to and use of the Service. By accessing or using the Service, You agree to be bound by these Terms in their entirety. If You do not agree to these Terms, You must not access or use the Service.
You represent and warrant that You are at least 18 years old. The Service is not available to individuals under the age of 18.
Your continued access to and use of the Service is also conditioned on Your acceptance and compliance with Our Privacy Policy, which describes how We collect, use, and disclose Your personal information.
1. CLOUD-BASED ACCESS
1.1 Delivery: The Service is provided entirely via cloud-based infrastructure. No browser extensions or local software installations are required.
1.2 System Requirements: You are responsible for obtaining and maintaining all Devices, internet connections, browsers, and related software necessary to access the Service.
1.3 Updates: The Company may deploy updates and enhancements to the cloud-based environment without notice. Continued use of the Service after such updates constitutes acceptance.
2. ACCOUNTS AND REGISTRATION
2.1 Account Creation: To access certain features of the Service, You must register for an Account. You agree to provide accurate, current, and complete information during registration and to update such information promptly.
2.2 Credentials: You are responsible for safeguarding Your login credentials. You must notify Us immediately if You suspect unauthorized use of Your Account.
2.3 Account Use: You may not share Your Account credentials or permit any other person to use Your Account. We reserve the right to suspend or terminate Accounts that appear to be shared or compromised.
2.4 Free Account Limitations: Free Accounts are limited in features and may be subject to usage caps. The Company reserves the right to modify or discontinue Free Accounts at any time.
3. SUBSCRIPTIONS AND PAYMENT
3.1 Subscription Plans: We offer various Subscription plans. Details of pricing and features are available on the Service’s pricing page.
3.2 Billing Cycle: Subscriptions renew automatically at the end of each billing period unless cancelled prior to the renewal date.
3.3 Payment Methods: We accept payment via major credit cards (Visa, MasterCard, American Express), debit cards, and selected online payment methods (e.g., PayPal).
3.4 Failed Payments: If automatic billing fails, You must pay manually within seven (7) days to avoid suspension of Your Subscription.
3.5 Fee Changes: We may change Subscription fees at Our discretion. Significant changes will be communicated at least 30 days before the next billing cycle. Continued use constitutes acceptance of the new fees.
3.6 Refund Policy: Except where prohibited by law, Subscription fees are non-refundable. Any refund requests will be considered on a case-by-case basis at Our sole discretion.
4. PLACING ORDERS FOR GOODS
4.1 Order Process: You place an Order by following the checkout process and providing required information. The Order is not final until We confirm acceptance.
4.2 Warranties: You represent and warrant that You have the legal right to use any payment method submitted.
4.3 Order Cancellation: We reserve the right to refuse or cancel any Order for reasons including but not limited to: unavailability of Goods, pricing errors, or fraud suspicion.
4.4 Returns and Refunds: Our Returns Policy applies to all eligible Goods. Only Goods returned in original condition within the specified return window qualify for refunds. Personalized, perishable, and digital Goods may be non-refundable.
5. CONTENT AND USER RESPONSIBILITIES
5.1 User Content: You retain ownership of Content You upload but grant Us a worldwide, royalty-free license to use, reproduce, and display such Content as necessary to provide the Service.
5.2 Prohibited Content: You shall not upload or transmit any Content that is unlawful, infringing, defamatory, obscene, or otherwise objectionable.
5.3 Monitoring and Removal: We reserve the right to monitor, remove, or disable access to any Content that violates these Terms or is deemed harmful.
6. THIRD-PARTY SERVICES
6.1 Integration: We may integrate with Third-Party Social Media Services. Your use of those services is governed by their own terms.
6.2 Liability: We are not responsible for any act or omission of third parties, including availability, reliability, or security of those services.
7. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
7.1 Your Representations: You warrant that Your use of the Service complies with all applicable laws and these Terms.
7.2 No Warranty: The Service is provided “as is” and “as available” without warranty of any kind, whether express, implied, statutory, or otherwise.
7.3 Limitation of Liability: To the maximum extent permitted by law, the Company’s aggregate liability for any claim related to these Terms or the Service shall not exceed the amount You paid in the month preceding the claim or USD 100, whichever is lower.
7.4 Indemnification: You agree to indemnify and hold harmless Sendwin LLC and its officers, directors, employees, and agents from any claims arising from Your violation of these Terms or misuse of the Service.
8. INTELLECTUAL PROPERTY
8.1 Company IP: All intellectual property rights in the Service and its components are owned by or licensed to the Company.
8.2 Restrictions: You agree not to copy, modify, distribute, sell, or reverse engineer any part of the Service.
9. PRIVACY
Your use of the Service is subject to Our Privacy Policy, which is incorporated herein by reference.
10. TERMINATION
10.1 By the Company: We may suspend or terminate Your Account for any breach of these Terms or for any reason without notice.
10.2 By You: You may terminate Your Account at any time by following the cancellation procedures in Your Account settings.
10.3 Effects of Termination: Upon termination, Your rights to access the Service immediately cease. We may delete or retain Your Content as required by law.
11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1 Governing Law: These Terms are governed by the laws of Wyoming, United States, without regard to conflict-of-law rules.
11.2 Dispute Resolution: You agree to first seek informal resolution by contacting support@send.win. If unresolved within 30 days, any dispute shall be resolved by arbitration in Sheridan County, Wyoming.
12. CHANGES TO THESE TERMS
We may amend these Terms at any time. Material changes will be posted at least 30 days before effective. Continued use after changes constitutes acceptance.
13. MISCELLANEOUS
13.1 Severability: If any provision is held invalid, the remainder shall continue in effect.
13.2 Waiver: Failure to enforce any right does not constitute waiver.
13.3 Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices, constitute the entire agreement between You and the Company.