Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of Win Win Designs, an integrated workspace for the AECO sector, and related services (collectively, the "Service") provided by Win Win Designs ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

2. Account Registration

To access certain features you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration;
• Keep your account information up to date;
• Keep your account credentials confidential and not share them;
• Notify us immediately of any unauthorised use of your account; and
• Accept responsibility for all activity under your account.

You must be at least 18 years old to create an account. By registering, you confirm that you meet this requirement.

3. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Violate any applicable laws, regulations, or third-party rights;
• Upload unlawful, harmful, threatening, abusive, or defamatory content;
• Impersonate any person or entity;
• Interfere with or disrupt the Service or its infrastructure;
• Attempt to gain unauthorised access to any part of the Service;
• Use automated tools to scrape or collect data without our written permission;
• Upload viruses, malware, or other malicious code; or
• Transmit unsolicited advertising or spam.

4. Service Availability

We aim to provide reliable, continuous access to the Service, but we cannot guarantee uninterrupted or error-free operation. We reserve the right to:

• Modify, suspend, or discontinue any aspect of the Service with reasonable notice;
• Perform scheduled maintenance (with advance notice where practicable); and
• Take emergency maintenance action without prior notice when necessary to protect the Service.

We will make commercially reasonable efforts to minimise the duration and impact of any disruption.

5. Subscription and Payment

Certain features require a paid subscription. By subscribing, you agree to:

• Pay all fees described in your chosen plan;
• Provide accurate billing information and keep it up to date; and
• Authorise us to charge your payment method on a recurring basis.

Renewal: Subscriptions renew automatically at the end of each billing period (monthly or annual) unless you cancel before the renewal date.

Price Changes: We will give at least thirty (30) days' notice before any price increase. Changes take effect at the start of your next billing cycle after the notice period.

Refunds: Fees are non-refundable except where required by law. If you cancel, you keep access to paid features until the end of your current billing period.

6. Your Content

You retain all ownership rights to content, data, and materials you upload or create through the Service ("User Content"). We claim no ownership of your User Content and do not use it for any purpose other than providing the Service to you.

To operate the Service, we need to process your User Content. You authorise us to:

• Store, host, and transmit your User Content to deliver the Service;
• Create automated backups to prevent data loss; and
• Display your User Content to you and your authorised team members within the platform.

We do not access, review, or use your User Content except as necessary to provide the Service, respond to your support requests, or comply with legal obligations.

You confirm that you own or have the necessary rights to your User Content and that it complies with these Terms and applicable laws.

7. Privacy and Data Protection

We process personal data in accordance with:

• The UK General Data Protection Regulation (UK GDPR);
• The Data Protection Act 2018; and
• Other applicable data protection legislation.

We implement appropriate technical and organisational measures to protect your data. Under UK GDPR, you have the right to access, rectify, erase, restrict processing of, and port your personal data, and to object to its processing. You may also lodge a complaint with the Information Commissioner's Office (ICO). Full details of how we handle your data are set out in our Privacy Policy.

8. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party and to use it only to fulfil obligations under these Terms. This obligation survives termination for a period of five (5) years. It does not apply to information that is publicly available, independently developed, or lawfully received from a third party.

9. Third-Party Services

The Service may integrate with third-party services (for example, Autodesk, Google, or Microsoft). We are not responsible for the availability, content, or practices of those services. Your use of third-party services is governed by their own terms and conditions.

10. Changes to These Terms

We may update these Terms from time to time. For material changes, we will give you at least thirty (30) days' notice by:

• Emailing your registered address;
• Displaying a notice within the Service; or
• Posting the updated Terms on our website.

Continued use after the notice period constitutes acceptance. If you do not agree, you must stop using the Service.

11. Termination

Either party may terminate:

• By you: Cancel your account at any time through your account settings or by contacting us.
• By us: We may suspend or terminate your access if you breach these Terms or engage in conduct harmful to the Service or other users.

Upon termination, we will give you at least sixty (60) days to export your User Content. After that period, we may delete your account and data. You remain liable for any fees incurred before termination.

12. Disclaimers and Limitation of Liability

The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total liability shall not exceed the fees you paid us in the twelve (12) months before the claim arose.

This Service is provided to business users. By accepting these Terms, you confirm you are acting in the course of your trade, business, craft, or profession. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law (including the Unfair Contract Terms Act 1977).

13. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including natural disasters, pandemic, war, government actions, power or internet failures, or cyberattacks.

14. Governing Law

These Terms are governed by the laws of England and Wales. Disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Contact Us

Questions about these Terms? Contact us at contact@winwindesigns.com.