Terms & Conditions

Last Updated: March 12, 2025

Welcome to WinningAds.com, a service operated by Emarky BV ("Company," "we," "us," or "our"). By accessing or using WinningAds.com ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, please do not use the Service.

1. General Information

Emarky BV is the operator of WinningAds.com. The registered address is Gageldijk 21, 3602AG, Maarssen, The Netherlands. The business is registered with the Chamber of Commerce (KvK) under number 61574627. For any inquiries regarding these Terms, you may contact us at support@winningads.com.

2. Account Registration & User Responsibilities

To use the Service, you must provide accurate information, including your name and email address, when creating an account. You are responsible for maintaining the security of your account credentials and may not share your login with others. The Service may not be used for illegal activities, spamming, hacking, or any action that violates applicable laws or third-party rights. We reserve the right to suspend or terminate accounts for misuse without prior notice.

3. Service Description & Availability

WinningAds.com helps advertisers create more effective ads. The Service is provided as-is, without any guaranteed uptime or service level agreement (SLA). We integrate with third-party platforms, including Meta and OpenAI, which may have their own terms governing data use. We reserve the right to modify, suspend, or discontinue any part of the Service at any time without notice.

4. Payments & Subscriptions

WinningAds.com offers multiple pricing models, including one-time payments and subscriptions with monthly and annual options. Payment processing is handled through Stripe, and at this time, only credit card payments are accepted. There is currently no free trial available. Users may request a refund within 30 days of being charged. Failure to pay subscription fees may result in account suspension or termination.

5. Intellectual Property

Emarky BV owns all software, branding, and content related to WinningAds.com. Users retain ownership of any ads generated using the Service. AI-generated outputs from the Service may not be unique and are provided without warranties of exclusivity.

6. Limitation of Liability

We do not guarantee that using the Service will result in improved ad performance. We are not responsible for any financial losses, business damages, or legal issues arising from ad campaigns created using our Service. We are not liable for service downtime, data loss, or third-party service interruptions. Our maximum liability under these Terms is limited to the amount paid, if any, for using the Service.

7. Termination of Accounts

We may suspend or terminate accounts at our discretion, particularly in cases of violations of these Terms, suspected fraud or misuse, or non-payment of fees. We do not provide a notice period before suspending or terminating accounts. Upon termination, user data may be deleted and cannot be recovered.

8. Governing Law & Dispute Resolution

These Terms are governed by Dutch law. Any disputes shall be resolved in the courts of The Netherlands. We may attempt to resolve disputes through mediation before legal action.

9. Privacy & Data Protection

We comply with GDPR and handle personal data as described in our Privacy Policy. By using the Service, you consent to data processing, including integrations with third-party services like Facebook and OpenAI. Users may request data deletion in accordance with legal requirements.

10. Changes to These Terms

We may update these Terms from time to time, and changes take effect immediately upon posting. Users will be notified of significant changes where required by law.

If you have any questions about these Terms, contact us at support@winningads.com.

Thank you for using WinningAds.com!