Terms of Service
Winking Owl - Customer Journey Testing Platform
Winking Owl - Customer Journey Testing Platform
By accessing or using Winking Owl's services, including our customer journey testing platform and ChatGPT integration ("Winking Owl Insight"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.
Winking Owl provides a customer journey testing and monitoring platform that enables organizations to:
To use our services, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials.
You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized use or security breach.
We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion, with notice where practicable.
You agree NOT to:
When using our ChatGPT integration:
Winking Owl and its licensors own all rights, title, and interest in the service, including all software, designs, trademarks, and content. These Terms do not grant you any rights to use our trademarks or branding.
You retain ownership of the journey configurations, test data, and other content you create or upload to the service. You grant us a license to use this content solely to provide the service.
Our collection and use of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
We strive to maintain high availability but do not guarantee uninterrupted service. We may perform maintenance, updates, or modifications that temporarily affect availability. We will provide notice of planned maintenance when possible.
Access to Winking Owl is subject to the subscription plan and pricing agreed upon in your service agreement. Payment terms, billing cycles, and refund policies are specified in your subscription agreement.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the service will meet your requirements, be uninterrupted, secure, or error-free, or that results will be accurate or reliable.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINKING OWL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Our total liability for any claims arising from or related to the service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.
You agree to indemnify, defend, and hold harmless Winking Owl and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the service or violation of these Terms.
We may modify these Terms at any time. We will provide notice of material changes through the service or by email. Your continued use of the service after changes become effective constitutes acceptance of the modified Terms.
These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Madrid, Spain.
If you have questions about these Terms, please contact us:
Last Updated: January 2026