General Terms of Service

1. Contracting Entity and Scope of Application

Welcome to WinSell. These General Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "You") and WINSELL COMPANY LIMITED (Business Registration and Tax Identification Number: 1801831784, registered in Can Tho City, Vietnam; legally represented by Mr. Truong Quoc Hung) ("WinSell", "We", "Us").

These Terms govern all access to and use of wisa.vn, the Wisa AI assistant platform, the Koda agentic development studio (including both Web and Desktop applications), the API Gateway router, the CUBE token billing system, and all associated online services operated by WinSell.

By registering an account, signing in via third-party authentication (Google OAuth), accessing, or using any part of the Services, you confirm that you have read, understood, and agreed to be unconditionally bound by these Terms, our Privacy Policy, and our Platform Rules.

2. Age Eligibility and Capacity

WinSell's Services are available to global users who are at least 13 years of age. We do not provide services to children under 13.

If you are between 13 and under 18 years of age (or the age of majority in your jurisdiction), you may only register for and use the Services with the valid consent of your parent or legal guardian to these Terms.

By creating an account, you represent and warrant that you meet the age requirements or have obtained verifiable parental/guardian permission. WinSell reserves the right to request proof of guardian consent or suspend any account if there is reasonable doubt regarding eligibility.

3. Accounts and Security

To access the full features of the Services, you must create an account using a valid email address and a strong password, or authenticate via Google OAuth. You agree to provide accurate, complete, and updated information.

You are solely responsible for maintaining the confidentiality of your credentials, personal API keys, and all activities that occur under your account. You must notify WinSell immediately at security@winsell.vn of any unauthorized access or security breach.

You may not sell, lease, transfer, or share your account access with third parties outside the permitted scope of your subscription tier.

4. AI Services and Third-Party Upstream Integration

WinSell provides user interfaces, project orchestration, Koda developer tools, and an intelligent API Gateway router connecting to advanced foundational AI models from independent third-party providers (such as OpenAI, Anthropic, Google Cloud, DeepSeek, etc.).

WinSell is an application integrator and routing layer; WinSell does not train or claim proprietary ownership of these third-party foundational models. You acknowledge that sending prompts and receiving outputs are subject to the respective provider's usage terms as detailed in our AI Transparency Notice.

5. Intellectual Property and Content Rights

Input Content: You retain all ownership rights in and to the prompts, code, text, documents, or data you upload to the Services. You represent and warrant that you possess all necessary rights and permissions to submit such Input without infringing third-party rights.

Output Content: To the maximum extent permitted by applicable law and subject to the terms of upstream AI providers, WinSell assigns to you all of WinSell's right, title, and interest in and to the Output generated specifically for you. You may use, adapt, and commercially exploit your Output.

WinSell Proprietary Rights: All trademarks, logos, source code, UI designs, databases, and software components of WinSell, WISA, and KODA remain the exclusive intellectual property of WINSELL COMPANY LIMITED and are protected by Vietnamese copyright laws and international treaties.

6. Limitation of Liability

The Services and all AI-generated results are provided on an "as is" and "as available" basis. To the maximum extent permitted by Vietnamese law, WinSell disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability.

Data governance, audit logs, and legal hold measures are technically governed by our Data Governance & Chat Retention Policy (/legal/data-governance). WinSell shall not be liable for any data loss resulting from user-initiated deletion, automated cleanup schedule configurations, or upstream cloud infrastructure outages.

In no event shall WinSell's total aggregate liability arising out of or related to these Terms exceed the total amount actually paid by you to WinSell in the six (6) months immediately preceding the event giving rise to the claim.

7. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Socialist Republic of Vietnam (including the Law on Electronic Transactions No. 20/2023/QH15, the Law on Protection of Consumer Rights No. 19/2023/QH15, the Law on E-Commerce No. 122/2025/QH15, the Law on Artificial Intelligence No. 134/2025/QH15, and the Law on Personal Data Protection No. 91/2025/QH15).

Any dispute arising out of or in connection with these Terms shall first be resolved through good-faith negotiation. If no settlement is reached within thirty (30) days, the dispute shall be submitted to the competent People's Court in Vietnam.

Controlling Version: The Vietnamese language version of these Terms is the legally controlling version. Any translations into English or other languages are provided solely for convenience and reference.