Terms of Service

Please read these Terms of Service ("Terms") carefully before using the Winkly platform at getwinkly.com (the "Service"). By creating an account or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Service.

1. About Winkly

Winkly is an AI literacy education platform for children ages 6–14, operated by Tristan Hakert, a sole proprietor doing business as "Winkly" ("Winkly," "we," "us," or "our"), based in Dallas, Texas.

Contact: winklyhelp@gmail.com

1A. Merchant of Record

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle is the legal seller of record for all transactions made through the Service, the entity whose name appears on your credit card or bank statement, and the entity responsible for handling payments, billing, tax collection and remittance, invoicing, subscription management, refunds, chargebacks, and customer service inquiries related to your purchase.

Your purchase is also subject to Paddle's Buyer Terms, available at paddle.com/legal/checkout-buyer-terms, and Paddle's Refund Policy, available at paddle.com/legal/refund-policy.

2. Eligibility and Accounts

A. Who Can Create an Account

Accounts must be created by a parent or legal guardian who is at least 18 years old. By creating an account, you represent that you are at least 18 years old and have the legal authority to agree to these Terms on behalf of yourself and your child.

Children under 13 may not create their own accounts. Children may only use the Service through an account created and managed by their parent or guardian.

B. Account Responsibilities

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Ensuring that your child uses the Service in accordance with these Terms
• Providing accurate and complete information when creating your account

You agree to notify us immediately at winklyhelp@gmail.com if you become aware of any unauthorized use of your account.

C. One Account Per Family

Each subscription covers one child profile. Multiple child profiles may be added subject to availability of that feature.

3. Subscription and Payment

A. Subscription Plans

• Monthly Plan: $24.00 per month, billed monthly
• Annual Plan: $135.00 per year, billed annually

All prices are in US dollars and are subject to change with notice.

B. Billing

Subscriptions are billed immediately upon signup. By providing payment information, you authorize Paddle.com, our Merchant of Record, to charge the applicable subscription fee on our behalf.

For monthly plans, you will be charged on the same day each month. For annual plans, you will be charged once per year on the anniversary of your signup date.

C. 30-Day Money Back Guarantee

If you are not satisfied with Winkly for any reason, you may request a full refund within 30 days of your initial purchase by contacting us at winklyhelp@gmail.com with the subject line "Refund Request." Refunds are processed within 5–10 business days. After 30 days, all payments are non-refundable.

The money back guarantee applies to your first purchase only and cannot be used more than once per household.

D. Cancellation

You may cancel your subscription at any time through the Parent Dashboard in the app. Cancellation takes effect at the end of the current billing period — you will retain access to the Service until that date. No refunds are provided for unused portions of a billing period except as covered by the 30-day money back guarantee.

E. Price Changes

We reserve the right to change subscription prices. We will provide at least 30 days notice of any price changes via email before they take effect. Your continued use of the Service after a price change takes effect constitutes your acceptance of the new price.

F. Taxes

Prices do not include applicable taxes. You are responsible for any sales tax, VAT, or other taxes applicable to your subscription based on your location.

4. The Service

A. What We Provide

• AI literacy lessons organized by learning track
• Interactive exercises including multiple choice, drag and drop, and free response activities
• The Wink AI chatbot powered by Anthropic's Claude API
• Progress tracking and XP system
• Parent dashboard

B. Service Availability

We aim to provide the Service continuously but do not guarantee uninterrupted access. We may perform maintenance or updates that temporarily affect availability. We will provide advance notice of planned downtime where possible.

C. Content Updates

We reserve the right to add, modify, or remove lesson content at any time to improve the educational quality of the Service.

D. AI-Generated Content

The Wink chatbot uses Anthropic's Claude AI to generate responses. While we implement safeguards to keep conversations age-appropriate and on-topic, AI-generated responses are not always perfect. You acknowledge that AI responses may occasionally contain errors or unexpected content. Please report any concerning responses to winklyhelp@gmail.com.

5. Acceptable Use

By using the Service, you agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Service or its related systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Copy, reproduce, or redistribute any content from the Service without our written permission
• Use the Service to transmit spam, malware, or harmful content
• Impersonate any person or entity
• Use automated tools to access or scrape the Service
• Attempt to manipulate or abuse the Wink AI chatbot for purposes outside of learning
• Share your account credentials with others

We reserve the right to suspend or terminate accounts that violate these terms without notice or refund.

6. Intellectual Property

A. Our Content

All content on the Service — including but not limited to lesson text, curriculum design, the Wink character and related artwork, graphics, logos, and software — is owned by or licensed to Winkly and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, or create derivative works from any content on the Service without our express written permission.

B. Your Content

Any content you submit through the Service — such as responses typed into the Wink chatbot or support messages — remains yours. By submitting content, you grant us a limited license to use that content solely to provide and improve the Service.

C. Feedback

If you provide feedback or suggestions about the Service, you grant us the right to use that feedback without any obligation to compensate you.

7. Third-Party Services

The Service relies on third-party providers including Supabase, Paddle, and Anthropic. Your use of the Service is also subject to the terms and policies of these providers. We are not responsible for the actions or practices of these third parties.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, that the Service or its servers are free of viruses or harmful components, or that the results obtained from using the Service will meet your expectations.

Educational outcomes vary by child. We do not guarantee any specific learning outcomes from use of the Service.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINKLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Winkly and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

11. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of the Service shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Dallas, Texas under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

You waive any right to participate in class action lawsuits or class-wide arbitration.

12. Termination

We reserve the right to suspend or terminate your access to the Service at any time for any reason, including violation of these Terms. Upon termination, your right to use the Service ceases immediately.

You may terminate your account at any time by cancelling your subscription and contacting us at winklyhelp@gmail.com to request account deletion.

Sections 6, 8, 9, 10, and 11 of these Terms survive termination.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email and by updating the "Last Updated" date. Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Winkly regarding the Service and supersede all prior agreements and understandings.

15. Contact

If you have questions about these Terms, please contact us at:

Tristan Hakert (dba Winkly)
Dallas, Texas, United States
Email: winklyhelp@gmail.com
Website: getwinkly.com