Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Winfetti service (the "Service"), operated by Winfetti ("Winfetti," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a business or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

1. The Service

Winfetti enables businesses to run instant-win campaigns on Instagram. When an Instagram user comments on a designated campaign post, the Service records the entry, conducts an automated prize draw according to the parameters you configure, and notifies the entrant of the result via Instagram private reply. The Service is provided to businesses only and is not intended for personal, family, or household use.

2. Eligibility and Accounts

To use the Service, you must (a) be at least 18 years old, (b) operate a business or organization, (c) have an Instagram professional account in good standing, and (d) have authority to connect that account to the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use.

3. Your Responsibilities as Campaign Operator

You are solely responsible for the campaigns you run through the Service, including:

• Legal compliance. Ensuring each campaign complies with all applicable laws and regulations governing sweepstakes, contests, giveaways, promotions, and consumer protection in every jurisdiction where the campaign is offered, including registration, bonding, official rules, "no purchase necessary" requirements, and tax reporting where applicable.
• Platform compliance. Complying with Instagram's Terms of Use, Community Guidelines, Promotion Guidelines, and Meta's Platform Terms, including requirements to acknowledge that promotions are not sponsored, endorsed, or administered by Instagram.
• Official rules. Publishing clear and complete official rules for each campaign, including eligibility, entry period, prize description and value, odds or method of selection, and winner notification process.
• Prize fulfillment. Delivering all prizes to winners as promised. Winfetti does not supply, hold, or deliver prizes.
• Content. All content you configure in the Service, including campaign posts, notification messages, and prize descriptions.

You represent and warrant that your campaigns will not be deceptive, misleading, or unfair, and will not require entrants to make a purchase or payment as a condition of entry unless permitted by applicable law.

4. Acceptable Use

You agree not to use the Service to:

• Send unsolicited, spam, or harassing messages to any person
• Violate any law, regulation, or third-party right, including intellectual property and privacy rights
• Run campaigns involving gambling, lotteries requiring consideration, or any illegal promotion
• Collect or use Participant data for purposes other than operating the campaign they entered, except as permitted by applicable law and your own privacy policy
• Interfere with, disrupt, reverse engineer, or attempt to gain unauthorized access to the Service or its infrastructure
• Resell, sublicense, or provide the Service to third parties without our written consent
• Circumvent any usage limits or security measures

5. Fees and Payment

The Service is offered on a subscription basis at the rate published at winfetti.io or in your order form (the "Fees"). Fees are billed in U.S. dollars, in advance, on a monthly basis, and are non-refundable except as expressly stated in these Terms or required by law. You authorize us and our payment processor to charge your payment method for all Fees. If payment fails, we may suspend the Service until payment is received. Fees are exclusive of taxes; you are responsible for any applicable sales, use, VAT, GST, or similar taxes, other than taxes on our net income. We may change Fees upon at least 30 days' notice; changes take effect at your next billing cycle.

6. Term and Termination

Your subscription continues month-to-month until canceled. You may cancel at any time through your account or by contacting us; cancellation takes effect at the end of the current billing period. We may suspend or terminate your access immediately if you materially breach these Terms, if required by law or by Meta, or if your Instagram account is restricted or disabled. Upon termination, your right to use the Service ceases, and we will delete or anonymize your data in accordance with our Privacy Policy. Sections 3, 7, 9, 10, 11, 12, 14, and 15 survive termination.

7. Intellectual Property

The Service, including its software, design, text, graphics, logos, and all related intellectual property, is owned by Winfetti or its licensors and is protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription in accordance with these Terms. You retain all rights to your own content and data. You grant us a license to use your content and data solely as necessary to provide the Service. Any feedback you provide may be used by us without restriction or compensation.

8. Third-Party Platforms

The Service depends on Instagram and the Meta Platform, which we do not control. Meta may change, restrict, or discontinue API access at any time, and such changes may affect or interrupt the Service. We are not responsible for any actions taken by Meta, including restrictions on your Instagram account. Your use of Instagram is governed by Meta's terms and policies.

9. Privacy

Our collection and use of information is described in our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for providing any privacy notices to Participants required by applicable law in connection with your campaigns.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT EVERY COMMENT WILL BE RECEIVED OR EVERY MESSAGE DELIVERED, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WINFETTI, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

12. Indemnification

You agree to defend, indemnify, and hold harmless Winfetti and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to (a) your campaigns, including any prize, official rules, or promotional content; (b) your violation of these Terms, applicable law, or Meta's policies; (c) your content or data; or (d) any dispute between you and a Participant.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law principles, except that the Federal Arbitration Act governs Section 14. For any matter not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

14. Dispute Resolution; Binding Arbitration; Class Action Waiver

Informal resolution. Before initiating any formal proceeding, you agree to contact us at hello@winfetti.io and attempt in good faith to resolve the dispute informally for at least 30 days.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration may be conducted remotely. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek injunctive relief in court to protect intellectual property rights.

Class action waiver. YOU AND WINFETTI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

15. General

• Entire agreement. These Terms, together with the Privacy Policy and any order form, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.
• Changes. We may modify these Terms by posting a revised version and updating the "Last Updated" date. Material changes will be communicated by email or through the Service at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary.
• Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Force majeure. We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including actions of Meta, internet or hosting outages, or acts of God.
• Notices. Notices to you may be sent to the email address associated with your account. Notices to us should be sent to hello@winfetti.io.
• Language. These Terms are written in English. Any translation is provided for convenience only; the English version controls.

16. Contact