Terms of use

These terms explain the rules for using Winkie CRM and the responsibilities of Winkie and of the businesses that subscribe to it.

1. Acceptance

These terms govern the use of Winkie CRM, a system operated by Winkie Business Development ("Winkie"). By subscribing to or using the system, the client business and its users agree to these terms and to the Privacy policy. Commercial conditions (modules, pricing and term) are set out in each business's proposal or contract, which prevails over these terms where it is specific.

2. The service

Winkie CRM brings together WhatsApp conversations, a sales pipeline, customer records, activities, reports and, depending on the modules subscribed, an AI SDR, order management, a customer portal, financial management and advertising platform integrations. Onboarding and setup are done with the Winkie team, based on the client business's processes.

3. Accounts and access

• The client business decides who on its team has access and with which role, and is responsible for the actions of its users.
• Each user must keep their access confidential and notify Winkie of any misuse.

4. Client business responsibilities

• Comply with the WhatsApp Business Messaging Policy and Meta's other rules, including obtaining opt-in consent from message recipients and honoring opt-out requests.
• Have a legal basis and inform its customers about how their data is processed, maintaining its own privacy policy.
• Not request identity documents, payment card numbers or financial account numbers over WhatsApp.
• Keep the information used to configure the AI SDR accurate, such as products, services, prices and timelines.
• Pay any fees Meta charges for use of the WhatsApp Business Platform, where applicable.

5. Acceptable use

Winkie CRM may not be used to send spam or unsolicited messages, for illegal or fraudulent activity or activity that infringes the rights of others, or to attempt to access other businesses' data or bypass the system's protections. Winkie may suspend access in case of a violation.

6. Artificial intelligence

The AI SDR operates within the rules configured with the client business and hands the conversation to a person when needed. Like any AI, it can make mistakes: the information it provides does not replace confirmation by the business's team, and what applies to the end customer is what the business confirms.

7. Data and ownership

• The data of the client business and its customers belongs to the client business and can be exported at any time.
• The system, its technology and the Winkie brand belong to Winkie.
• Personal data is processed in accordance with the Privacy policy.

8. Availability and support

We work to keep the system available and working correctly, with support through the channels provided at onboarding. The service depends on third-party platforms such as Meta and may have scheduled maintenance windows, announced in advance whenever possible.

9. Limitation of liability

To the extent permitted by law, Winkie is not liable for indirect damages or lost profits, or for failures caused by third-party platforms, by misuse of the system or by bans resulting from the client business's breach of Meta's policies.

10. Termination

The client business may stop using the service under its contract. On termination, Winkie makes the data available for export for a reasonable period and then deletes it, except where the law requires it to be kept.

11. Changes

These terms may be updated. The date at the top shows the latest revision, and material changes are communicated to client businesses.

12. Governing law

These terms are governed by the laws of the State of Florida, United States, without prejudice to the rights granted to data subjects by the laws of their country, such as the LGPD in Brazil.

13. Contact