Terms and conditions

These terms apply to every use of WinWatcher: the website getwinwatcher.com with its web dashboard, and the WinWatcher Chrome extension. WinWatcher is offered by Ettekoven-IT, trading as WinWatcher ("WinWatcher", "we", "us"), Molenstraat 28, 8081 BC Elburg, the Netherlands, Chamber of Commerce (KvK) 76729249, VAT NL003128966B31. By creating an account, starting a trial or paying, you accept these terms.

1. Definitions

• You: the person or company that uses WinWatcher. A consumer is a natural person who does not act for a trade, business or profession. A business customer is everyone else.
• Plan: the subscription you choose (for example Starter, Pro or Empire), with the limits shown on the pricing page.
• Period: the month or year a payment covers.

2. The service

WinWatcher is a research tool for public Shopify stores: best-selling products, new products, product movement, active Meta ads, visits, reviews, apps, themes, checkout, store emails (Email library) and screenshots of store pages (Visual History). It reads publicly available information, in your own browser or on our servers. Scores, labels and estimates such as the Winner score are calculations based on that information, not sales figures. WinWatcher gives information, not advice: we do not promise that any product, store or ad will be successful for you.

3. Your account

• You need an account with a valid email address. Keep your password and recovery codes secret. You are responsible for everything that happens with your account.
• An account is personal. Sharing your login, or using one account for several people or companies, is not allowed. The number of browsers per plan is shown on the pricing page.
• You must be at least 18 years old and give correct details, including your billing details.

4. Free trial

New customers can start one free trial per person and per company, for the number of days shown on the pricing page. No card is needed. The trial ends by itself; you are only charged when you choose a plan and pay. Creating extra accounts to get another trial is not allowed.

5. Plans, prices and payment

• Prices on the pricing page are excluding VAT. Dutch VAT (21%) is added for every customer and every country. You see the total, including VAT, before you pay, and you receive an invoice for every payment.
• A subscription paid by credit card renews automatically for the same period (a month or a year) until you cancel it. A payment with iDEAL or Bancontact is one-time: it covers one period and is never charged again by itself.
• Payments are handled by Mollie B.V. We never receive your card or bank account number.
• When a renewal cannot be charged, you keep access for a few days. If it is still not paid, access ends and the subscription stops.
• New prices apply to new subscriptions. For a running subscription we announce a price change at least 30 days in advance; you can cancel before it takes effect.
• When you move to a bigger plan, the new plan starts when it is paid and your current plan stops renewing. Discount codes apply as described with the code (for example only to the first payment), cannot be exchanged for money and cannot be combined unless we say so.

6. Cancelling and refunds

• You can cancel at any time on your account page, in two clicks. You keep access until the end of the period you paid for.
• Payments are not refunded, also not partly, for example when you stop using WinWatcher during a period, when you forgot to cancel, or when you move to a smaller plan.
• No refund or compensation is given when a feature does not work (fully), works differently than you expected, is temporarily unavailable, or is changed, limited or removed (see articles 7 and 8).
• This article does not take away rights that consumers have by mandatory law.

7. No guarantees

WinWatcher is provided "as is" and "as available". We work hard to keep it running and accurate, but by paying you do not buy a guarantee of any specific feature, result or level of service. In particular:

• We do not guarantee that WinWatcher, the website, the dashboard, the extension or any feature is available at all times, free of errors or interruptions, or works on every store. There is no guaranteed uptime.
• WinWatcher depends on websites and services we do not control, such as Shopify stores, Shopify itself, Meta, Similarweb, Trustpilot, Google, Chrome and Apify. When they change, block access or stop, a feature may work less well or stop working, temporarily or for good.
• We do not guarantee that data, counts, rankings, screenshots, emails, scores or estimates are complete, current or correct.
• We may do maintenance, also without notice when it is urgent.

8. Changes to WinWatcher

We keep developing WinWatcher. We may at any time add, change, limit, replace or remove features, limits and integrations, for example because a source changes, for security or costs, or to improve the product. Plans and what they include may change for new periods. When we limit an important part of your running plan, we let you know; you can then cancel per article 6. Such changes give no right to a refund or compensation.

9. Right of withdrawal (consumers)

As a consumer in the EU you normally have 14 days to withdraw from a distance contract. WinWatcher is a digital service that starts right after payment. At checkout you ask us to start right away and confirm that you lose your right of withdrawal once it has started. Use the free trial to try WinWatcher first. Business customers have no right of withdrawal.

10. Fair use

• Use WinWatcher for your own research. Do not resell, rent out or publish its output or data as a service or database of your own.
• Do not use WinWatcher to overload, attack or harm the websites you research, and respect their terms and the rights of others, including copyright on product photos, texts and emails.
• Do not copy, scrape, decompile or reverse engineer WinWatcher, and do not try to get around the licence, the limits of your plan or our security.
• We may set technical limits to protect the service (for example on scans, requests or storage).

11. Store data, Email library and Visual History

• Information about stores (products, prices, ads, visits, reviews, apps, themes, screenshots) is public business information. Store data measured for one customer may be shared, without anything about that customer, with other customers who follow the same store.
• With the Email library you may sign up to a store's emails with a WinWatcher address. You are responsible for using it only for your own research and in line with the law and the store's terms. We may refuse, pause or remove mailboxes and emails, for example after a complaint or when a store asks us to.
• Visual History screenshots are made of public pages, for your own research only.

12. Affiliate programme

• With your own link you earn the commission shown on the affiliate page on payments of the customers you bring, for the period shown there. A customer counts for you when they register through your link within its cookie period. You cannot earn a commission on your own account or on accounts you control.
• A commission becomes available after a waiting period, so refunds and failed payments can be taken off. A payout can be requested from the minimum amount shown in your account, with a correct invoice (PDF) addressed to us. You are responsible for your own taxes and VAT.
• The level you reach (and a free plan at the top level) depends on the number of paying customers you bring and lasts as long as the programme gives it.
• Spam, misleading ads, bidding on our brand name, cookie stuffing, fake accounts or any other abuse ends your participation. Commissions earned through abuse are not paid.
• We may change or end the programme, its percentages and its levels at any time. Commissions you already earned under the old rules stay yours.

13. Third-party services

Some features use services of others with your own account, such as Apify with your own API key, Discord webhooks or your own Google Sheet. Their terms and costs apply and are your responsibility. We are not responsible for those services, their costs, or when they change or stop.

14. Intellectual property

WinWatcher, its software, design, texts, scores and the combined data are ours or our licensors'. You get a personal, non-exclusive and non-transferable right to use WinWatcher during your trial or paid period, under these terms. Your own data (your lists, labels and settings) stays yours.

15. Suspension and termination

We may suspend or close your account when you break these terms, do not pay, abuse the service or put it at risk, after a warning when that is reasonable. Paid periods are then not refunded. You can delete your account at any time on your account page.

16. Liability

• Decisions about products, stock, advertising and your business are yours. We are not liable for indirect or consequential damage, such as lost profit, lost revenue, missed opportunities, ad spend, stock you bought, lost data or damage to your reputation.
• Our total liability is limited to the amount you paid us in the 12 months before the event that caused the damage, with a maximum of €500.
• These limits do not apply in case of intent or deliberate recklessness of our management, and do not limit rights that consumers have by mandatory law.
• A claim must be reported to us in writing within 3 months after you discovered the damage.

17. Indemnity (business customers)

A business customer protects us against claims of others (such as stores, platforms or authorities) that follow from the way it uses WinWatcher or its output against these terms or the law.

18. Force majeure

We are not liable for failures caused by circumstances outside our control, such as outages of hosting, internet or payment providers, changes or blocks by third-party platforms, cyber attacks, government measures, illness or natural events.

19. Privacy

How we handle personal data is described in our privacy statement and cookie statement.

20. Changes to these terms

We may change these terms. Important changes are announced by email or in WinWatcher at least 30 days before they take effect for running subscriptions. If you do not agree, you can cancel before they take effect. The date at the top shows the latest version.

21. Law and disputes

Dutch law applies. Disputes go to the competent court in the district of Gelderland, the Netherlands, unless mandatory law gives consumers the right to go to the court of their own place of residence. If a part of these terms is not valid, the rest stays in force and the invalid part is replaced by a valid rule that comes as close as possible to its purpose.

22. Contact

Questions or complaints: [email protected]. We answer complaints within 14 days.